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TERMS OF SERVICE

Your Reference Guide for Terms & Conditions for the Use of Our Web Site & Member Services

WELCOME TO EXPEDITELOADS.COM

We are an online Membership, subscription service, providing our Members 24/7 access to information about freight loads that need to be shipped and trucks that are available to ship freight throughout North America. Our corporate name is Expedite Technologies, Inc., but you will more likely know us as ExpediteLoads.com. We’ve been around since 1999, and have had our share of changes, but our constant aim is to continuously improve our services and build connections to help our Members be successful. You can learn more who we are and our services by visiting our About Us page.

 

We’ve taken the time to put together here some detailed terms and conditions. You should read and understand them, as they are the legal contract that governs your use of our web site and our service. These Terms of Service, however, are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Service when you have a question about the service or want to know how something works.

 

For your convenience, we’ve indexed the Terms of Service so as to help you more easily navigate and access areas of interest. We hope your use of our service will be a great benefit to you and your business.

 

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Acceptance of Terms of Service

These Terms of Service govern your use of the ExpediteLoads.com service and our web site, including all features and functionalities that we provide, and all content, trademarks and other intellectual property used as part of our service. By using, visiting, browsing, or being a Member of ExpediteLoads.com, you accept and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not use the ExpediteLoads.com service, including our website.

These Terms of Service are an ongoing contract between you and Expedite Technologies, Inc. (dba and herein after, ExpediteLoads.com) and apply to your use of the ExpediteLoads.com service and web site as made available in the U.S. and Canada. They affect your rights and you should read them carefully.

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Changes to Terms of Service

ExpediteLoads.com reserves the right, from time to time, with or without notice to you, to change these Terms of Service in our sole and absolute discretion. The most current version of these Terms of Service can be reviewed by visiting our website and clicking on "Terms of Service" located at the bottom of the pages of the ExpediteLoads.com website. The most current version of the Terms of Service will supersede all previous versions. If you have suggestions regarding our site, how we can improve our service and make it even better for members of the trucking, shipping and logistics community, then please send us your comments as we are constantly looking for new ideas to improve our service.

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Who You Are

If you are using our service, you should be 18 or older (kids, there are professionals at work here!) and a part of the freight, shipping or transportation community. Seriously, if you are a Freight Carrier, Independent Owner/Operator, Shipper, Broker, Freight-Forwarder, Third-Party Logistics Professional, an Industry Consultant, or some other kind of Freight or Shipping industry professional, then Welcome! Otherwise, there is better use of your, our Members’, and our time than you being here.

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Who We Are and Whom We Are Not

We are an information and service provider (i.e. we provide a real-time, 24/7 information service to those who need to ship freight or need loads to ship across the U.S. and Canada). We are not a Shipper, Broker or Freight Carrier of any kind, and we have no vested interest in any freight brokerage, manufacturer, distributor, freight forwarder, third-party logistics firm, or freight carrier of any size. These are our Members, the community of ExpediteLoads.com.

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Membership and Billing

You can always find specific details regarding your Membership with ExpediteLoads.com by signing into the Member area and clicking on the “Your Account” link.

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Billing

By starting your ExpediteLoads.com Membership, you are expressly agreeing that we are authorized to charge you a monthly Membership fee (or if you designate, every three, six, or 12 months) at the then current rate to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that plans, prices and charges are subject to change with notice. As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The Membership fee, will be billed at the beginning of your Membership and each month (or applicable period) thereafter unless and until you cancel your Membership. Visit the Members area and click on the "Your Account" link to see the commencement date for your next renewal period. We automatically bill your Payment Method 30 days (or if you designate, every three, six or 12 months) corresponding to the commencement of your paying Membership. Membership charges are fully earned upon payment. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers and differing amounts due to changes in your Membership plan, and you authorize us to charge your Payment Method for such varying amounts. All fees and charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount or other consideration to some or all of our Members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Credit Card information by visiting the Member area and clicking on the "Your Account" menu option. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

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Ongoing Membership

Your ExpediteLoads.com Membership will continue in effect unless and until you cancel your Membership or we terminate it. You must cancel your Membership before it renews each month (or if you designate, the next three, six or 12 month period) in order to avoid billing of the next month's (or if you designate, the next three, six or 12 month period) Membership fees to your Payment Method. We will bill the Membership fee at the then current rate to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

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Billing Name

Membership fees and other related services will be billed as ExpediteLoads.com.

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Cancellation

You may cancel your ExpediteLoads.com Membership at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH (OR OTHER SO DESIGNATED BY YOU, THREE, SIX OR 12 MONTH) MEMBERSHIP PERIODS. To cancel your membership, visit the Member area and click the words "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership." Upon cancellation, you will no longer be charged Membership fees.

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Services Provided... Your Mileage May Vary

Members are entitled to post and search for available loads and trucks, connect with other Members and use any other freely available services integrated within your Membership level. Go for it! Explore and make the most of your Membership. The features and functions are there for you to use and help you run and grow your business. Success, by and large, will come to those who actively participate with the service – i.e. by completely filling out your profile and keeping it up to date; visiting the Member area regularly (remember we are a real-time 24/7 service, so new loads and new trucks are showing up on the boards all the time); setting notifications; connecting with other Members; posting your excess loads, etc. It’s like a gym membership, you either join and workout and see the benefits or you don’t and all you did was have a membership you paid for. It’s your choice.

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We Don’t Want You...

...if, you are here for back-soliciting, either directly or indirectly loads or trucks posted on our boards; to scam our Members; you provide false or misleading information about yourself or your posted loads or trucks, are a chargeback abuser; a free loader; you or your business fails to comply with all local, state and federal laws and regulations; or you generally cause disruption or trouble to the service, the web site or a Member. If that is you, then leave and go and somewhere else, we wish you the best. Honest mistakes are one thing, but malicious intent is something totally different. We treat others as we wish to be treated and we expect the same from our Members and Visitors of ExpediteLoads.com.

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Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

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Privacy and Communications Preferences

Any personally identifying information submitted through the ExpediteLoads.com service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By agreeing to these Terms of Service, you are consenting to receive certain communications from us. For example, we may send you information about new features, special offers, truck or load availability, promotional announcements and customer surveys via email or other methods. If you no longer want to receive these communications, other promotional announcements or non-transactional communications, simply click on the unsubscribe link in our email communications. Please review our Privacy Policy for further detail on our communications. You can also find the unsubscribe instructions there.

It is our policy that personal information, such as your name, postal and e-mail address or telephone number, is private and confidential. Accordingly, the personal information you provide is stored in a secure location that is accessible only by designated staff and is used only for the purposes for which you provide the information. For example, when a Member posts an available load, or truck, on ExpediteLoads.com, the contact information specified in creating your account is accessible on ExpediteLoads.com system by other Members.

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No Release of Information to Third Parties

Personal information will not be released to third parties except to further the purpose for which you provide the information, unless the release is required by law or is pertinent to judicial or governmental investigations or proceedings. There are no other circumstances under which we will provide or sell personal information to third parties.

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User Name and Password

When registering for our service, you are required to choose a user name and password. The Member who created the ExpediteLoads.com account and whose Payment Method is charged is referred to here as the Account Holder. As Account Holder, you agree not to sell, transfer, or assign your use of or access to this web site or Member service to any third party. You are solely responsible for maintaining the confidentiality of your user name and password and should not reveal your user name and password to anyone. Furthermore, you are solely responsible for any and all activities that are conducted through your account. In the event someone gains control of your user name and password, you should notify ExpediteLoads.com immediately of any unauthorized use of your account or any other breach of security. ExpediteLoads.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time, without the permission of the Account holder.

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Disclaimer of Warranties and Liability and Indemnification

As a Member, you agree and understand that the relationship between ExpediteLoads.com and yourself is that of an information resource publisher only. We do not broker loads and do not have an interest in any brokerage activities.

Your relationship between any Shipper, Carrier, or other Member is separate from and independent of the agreement with ExpediteLoads.com. We do not intend or seek in any manner to participate in any relationship between you and any Carrier, Broker, Independent Owner/Operator, Shipper, or other Member that arises out of the use of the ExpediteLoads.com service or web site, unless otherwise expressed in a signed written agreement between you and ExpediteLoads.com. Furthermore, ExpediteLoads.com does not warrant or guarantee or have control over the availability of expedited, less-than-truckload (“LTL”) or general truck-load freight or truck equipment for any particular day or location, nor do we warrant or guarantee or have control over what the rates or payment terms for any expedited, LTL, general truck-load freight, or Carrier transport services will be. The open market, your relationships with the Shipper or Carrier and your competitive positioning will determine the rates or payment terms for your shipments or services.

Accordingly, you agree that ExpediteLoads.com is not and will not be responsible or liable for, and you agree to hold harmless and indemnify ExpediteLoads.com from and against any losses, claims, liabilities or expenses of any nature whatsoever incurred by you, your company, or any Shipper, Broker or Carrier or Shipper's Broker's or Carrier's employees, agents or Customers where such losses, claims liabilities or expenses pertain to a relationship between you and any Shipper, Broker or Carrier arising out of the use of ExpediteLoads.com. Such claims in this paragraph include, without limitation, claims for damages caused by input of accurate, inaccurate or false information into the ExpediteLoads.com database.

You also understand and agree that ExpediteLoads.com does not offer any representations or warranties, expressed or implied, including, without limitation, any representations or warranties as to (1) the willingness of any Shipper, Carrier or Broker to use the Members of ExpediteLoads.com; (2) the accuracy of information or data entered into the ExpediteLoads.com database; (3) the quality of the transportation provided by any Carrier listed with ExpediteLoads.com; (4) the compliance of any Shipper, Broker, or Carrier with local, state or federal laws governing the Shipper, Broker, or Carrier's business; and (5) The availability of loads or trucks.

THE EXPEDITELOADS.COM SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE EXPEDITELOADS.COM SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE EXPEDITELOADS.COM SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH.

IN NO EVENT, UNDER NO CIRCUMSTANCES (INCLUDING, BUT NOT LIMITED TO, THE MALFUNCTION OF EXPEDITELOADS.COM OR OF THE HOST'S WEB SERVER OR ANY OTHER EQUIPMENT), SHALL EXPEDITELOADS.COM BE LIABLE TO USER FOR LOST PROFITS, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

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Reservation of Rights

ExpediteLoads.com reserves the right, in our sole discretion, in any manner at any time and without notice, to modify the covered services. As a Member of our service, you understand and agree that you have no claims, causes of action or rights against ExpediteLoads.com for modifications of the covered services. Further, ExpediteLoads.com reserves the right at any time to discontinue the covered services. You understand and agree that you have no claims, causes of action or rights against ExpediteLoads.com for discontinuance of the covered services. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within the Terms of Service.

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Online Content

As a Member, you understand and agree that ExpediteLoads.com reserves the right, but has no obligation, to delete, review, and/or edit any information, data, text, software, photographs, images, graphics, messages or other material ("Content") at our sole discretion.

You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from you or through our service and this web site unless ExpediteLoads.com makes it clear that you can do so.

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Links to Other Sites

ExpediteLoads.com may provide images of and links, in our sole discretion, to other websites or advertisers on the Internet. These websites have not necessarily been reviewed by ExpediteLoads.com and are maintained by third parties over which ExpediteLoads.com exercises no control.

ExpediteLoads.com expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third party websites. ExpediteLoads.com does not, directly or indirectly; imply any approval, association, sponsorship, endorsement, or affiliation with any third party or any website or the products or services provided by any third party. Your linking to any other third party websites is at your own risk. Without our prior written consent, you agree that you will not link material on this web site to another website, or associate or frame material in this web site with another website or materials of any entity.

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Intellectual Property

ExpediteLoads.com is a registered trademark of Expedite Technologies, Inc. All content, including, but not limited to the ExpediteLoads.com logo, graphics, logos, information, and software is the property of Expedite Technologies, Inc. and is protected by U.S. and international trademark, copyright and intellectual property laws.

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Separability of Provisions

Both parties expressly agree that if any section, sentence, paragraph, clause or combination of the same of this Agreement is found to be in violation of any law, such section, sentence, paragraph, clause or combination of the same shall be inoperative and the other parts of this Agreement shall remain binding upon the parties.

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Assignment

This Agreement is not assignable, in whole or in part, by you without prior written approval of ExpediteLoads.com.

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Waiver

No waiver by either party of any breach of terms contained in this Agreement by the other party shall be construed as a waiver of any succeeding breach of the same or any other term or condition.

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Disputes, Governing Law

This Agreement shall be governed by the laws of the State of Alabama and shall constitute the entire agreement between ExpediteLoads.com and the Member with respect to the covered services, superseding all prior agreements and understandings relating to the subject matter thereof.

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Last Updated: February 25, 2013