ACCEPTANCE OF TERMS OF SERVICE
FR8CONNECT (also referred to herein as "we" and / or "the Company") provides a load posting and load matching service to the freight and logistics industry. Users of FR8CONNECT are subject to the following Terms of Service ("TOS"). By accepting this TOS, your use of the FR8CONNECT website constitutes your agreement to be bound by all terms, conditions and notices contained herein. We reserve the right, at our sole discretion and with or without notice, to change, modify, add or remove any portion of these TOS, in whole or in part, at any time. If you do not agree to these TOS, you may not access or otherwise utilize our website. We are here to assist, support and do our best to meet your needs and service requests from our technology and are happy to assist you directly at firstname.lastname@example.org for additional questions or suggestions regarding this TOS or the site’s functionality.
DESCRIPTION OF SERVICE
FR8CONNECT currently provides North American-based users (United States and Canada) with an online freight consolidation, load posting and freight matching service (the "Service"). Users also understand that we have the right under our TOS to send them information related to the website via email, updates and promotional offerings from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new FR8CONNECT features or properties, shall be subject to the TOS. Users understand and agree that the Service is provided "As-Is” and that FR8CONNECT assumes no responsibility for the timeliness, deletion, erroneous delivery or failure to store any user communications or personalized settings. Users are responsible for obtaining access to the Service and in addition, must provide, and are responsible for maintaining, all of the equipment necessary to access the Service.
(1) Subscriber age must be of legal adult status in the United States of America (18 years old);
(2) Subscriber/User is or represents a bona fide carrier or shipper;
(3) Subscriber/User cannot be a freight broker or freight broker agent;
(3) Subscriber’s access to FR8CONNECT is for commercial purposes only and is limited to finding loads or matching loads, matching truck space, finding new logistics contacts and finding trucks through the use of our freight matching service and / or taking advantage of the other services offered on FR8CONNECT;
(4) Subscriber’s commercial purpose in accessing and using FR8CONNECT is not to directly or indirectly compete with or gain competitive advantage in relation to FR8CONNECT;
(5) When submitting content to the FR8CONNECT website, subscriber warrants and represents that the information is accurate, that subscriber is authorized to submit the information and that the information content, format and delivery methods are appropriate;
(6) Subscriber will not allow non-registered users to use subscriber’s password and/or username to access subscriber’s account without the express written consent of FR8CONNECT.
Should a subscriber/user violate any of the provisions for qualification, FR8CONNECT may terminate that subscriber’s account without notice or warning, in addition to being subject to any and all other legal remedies that may be available under these TOS, including but not limited to civil and / or criminal actions under state, regional and / or federal laws. FR8CONNECT may initiate legal action against a subscriber to enforce these TOS or for any other violations of state, regional and / or federal laws not specifically contained herein. Subscriber expressly agrees to bear any and all costs associated with such action, including but not limited to actual attorney fees incurred by FR8CONNECT. Other subscribers/users who notice any such violations are encouraged notify FR8CONNECT at email@example.com.
FR8CONNECT is a fee-based subscription website for premium users. All "non-free" service and user fees are payable in advance and subscription renewals are automatically charged to the user’s credit card without prior notification. All membership trial subscriptions are automatically billed at expiration and recur monthly. Please note that our billing processing company pre-authorizes ALL transactions to validate the user who is signing up for a free trial. All membership account upgrades are charged immediately. All fees or subscription amounts are listed on our website are denominated in United States Dollars (USD).
Available service plans and price options include
1. UNLIMITED DIRECT SHIPPER / LOAD POSTING (UNLIMITED LOAD POSTING TO COVERLOADS). THIS ACCOUNT IS FOR DIRECT SHIPPERS ONLY - NO BROKERS ALLOWED: $24.99 USD month to month (recurring) FOR BASIC POST ONLY PROGRAM. UPGRADED, TERM AND PROMOTIONAL PROGRAMS MAY BE OFFERED.
2. SHIPPER ACCOUNT (POST LOADS, SEARCH TRUCKS, ACCESS TO ROUTE MAP, ACCESS TO TRUCK DETAILS PAGES, TRUCK ALERTS FOR LOAD POSTS AND TRUCK SEARCHES, CALL, CHAT OR EMAIL ON ALL TRUCK POSTS FROM TRUCKS. SEE SHIPPERS DAYS TO PAY INFO FOR TRUCK POSTERS). INTENDED FOR DIRECT SHIPPERS ONLY – NO BROKERS ALLOWED: $39.99 USD billed month to month (recurring) FOR BASIC POST AND SEARCH PROGRAM. UPGRADED, TERM AND/OR PROMOTIONAL PROGRAMS MAY BE OFFERED.
3. CARRIER ACCOUNT (POST TRUCK SPACE, SEARCH LOADS, ACCESS TO LOAD MAP, ACCESS TO LOAD DETAILS PAGES, LOAD ALERTS FOR TRUCK POSTS AND LOAD SEARCHES, BID ON DIRECT SHIPPER LOADS, CALL, CHAT OR BID ONLINE ON ALL LOAD POSTS FROM LOADS. SEE DAYS TO PAY INFO FOR LOAD POSTERS). INTENTED FOR CARRIERS, OWNER-OPERATORS AND TRUCKING COMPANIES ONLY – NO BROKERS ALLOWED: $99.99 USD billed month to month (recurring) FOR BASIC PROGRAM. UPGRADED, TERM AND PROMOTIONAL PROGRAMS MAY BE OFFERED.
4.DIRECT SHIPPER ACCOUNT (POST TRUCK SPACE NEEDED, POST LOADS, ACCESS TO TRUCK POST MAP, ACCESS TO TRUCK DETAILS PAGE, SEARCH TRUCKS, TRUCK MATCH ALERTS, TRUCK ALERTS FOR LOAD POSTS, CARRIER POST ALERTS, LOAD ALERTS FOR TRUCK POSTS AND LOAD SEARCHES, CALL OR BID ONLINE ON ALL TRUCK POSTS FROM TRUCK SEARCHES, SEE DAYS TO PAY INFO FOR TRUCK POSTERS. SEE FMCSA AND AUTHORITY REPORTING FOR ALL TRUCK POSTERS). INTENTED FOR DIRECT SHIPPERS ONLY – NO BROKERS ALLOWED: $39.99 USD billed month to month (recurring).
No other account types are valid or exist at this time. If any other types of accounts are made available it is the responsibility of the subscriber to follow updates and news from FR8CONNECT regarding changes in such account offerings and features. It is not the responsibility of FR8CONNECT to ensure that any such updates are read by each subscriber.
Your FR8CONNECT membership commences immediately after your credit card is charged or bank account has been debited. Service purchases will appear on your credit card and / or bank statement(s) under the name FR8CONNECT. FR8CONNECT does not issue refunds. It is not the responsibility of FR8CONNECT to ensure that users Deactivate (cancel) their account.Users must Login to their Active account and then Deactivate (cancel) their account from the "Settings" section of their paid account by clicking on the "Deactivate" button on the Deactivate tab/page in order to stop any further charges to their credit or debit card on file.
FR8CONNECT offers a free 7-day trial of the service for all “non-free” account types. Once the 7-day FREE trial period ends, the credit card on file used to register the account will automatically be billed every month in a recurring manner (on, or close to the same day within each renewing month) for month to month programs; The subscriber reserves the right to cancel service with FR8CONNECT anytime before the end of the 7-day FREE trial period without incurring any charges prior to this point or anytime after being billed for monthly service to prevent additional future payments being deducted. If the account is not formally closed with FR8CONNECT before the end of the 7-day free trial period or after the account has begun billing and the customer requests the account be closed, FR8CONNECT is not responsible for any charges billed to the account of the user during these times. For example; if a user would like to only pay for one month of FR8CONNECT the user MUST cancel the account after the first billing cycle for the first month in order to prevent further recurring charges intended to keep the account active in the future.
FR8CONNECT offers all users the right to cancel and / or discontinue the service at any time without hassle. The cancellation date will be the date upon which, it is received by FR8CONNECT. Users are responsible for navigating to the billing tab and canceling their account while logged into their FR8CONNECT account. Any fees paid prior to the receipt of cancellation will not be refunded.
ACCOUNT REACTIVATION AND CANCELATION
FR8CONNECT does not charge an early termination fee.However, the subscriber must cancel his / her account if they no longer require the service with a direct written announcement to FR8CONNECT. FR8CONNECT will allow the subscriber to use up the remaining time leftover as of the previous billing cycle. At the end of this period the subscriber’s account will be closed.--> The subscriber will have to request written authorization to reactivate an account previously closed and may be required to start a brand new account if the user decides to come back to FR8CONNECT for services.
FR8CONNECT does not cover or issue refunds for Credit Card International / Foreign Transaction Fees.
FR8CONNECT does not issue refunds for overdraft fees.
All payments are final.
FREE TRIAL MEMBERSHIP AND ABUSE
FR8CONNECT actively monitors usernames and passwords and reserves the right to terminate a subscriber’s free trial membership immediately and without notice if trial membership abuse is detected. Trial membership abuse is defined as a user successfully registering for a free trial after having already received a free trial period membership. FR8CONNECT reserves the right to levy penalties on other existing paying accounts if users continue to abuse free portions of the site's resources or the FREE account types offered by FR8CONNECT to users.
ACCEPTED PAYMENT METHODS
FR8CONNECT accepts: VISA, MasterCard, AMEX (American Express), Discover and / or Pre-Authorized Debit Cards, Gift Cards and money-orders. If another payment method is required please contact firstname.lastname@example.org and we will consider an alternate a plan to receive payments in another way.
AUTOMATIC PAYMENTS / FEES
FR8CONNECT has periodic subscription fees that are defined by the service plan chosen at the time of the initial enrollment. The subscriber is responsible for such fees according to the terms of the site. After a subscriber's trial period has expired, any charged subscription fees become non-refundable. Subscribers will receive an email receipt to their email address. This will be provided upon initial trial subscription activation.
AUTOMATIC RECURRING BILLING
Subscribers must directly notify FR8CONNECT 24 hours prior to the end of the trial offer period in order to cancel automatic renewal. Until this agreement is cancelled in accordance with the terms hereof, subscriber hereby authorizes FR8CONNECT to charge his chosen payment method to pay for the ongoing cost of membership.
MERCHANT’S BUSINESS NAME
SUBSCRIBER INFORMATION, MILEAGE and VERIFICATION [USER IS THE ONLY LIABLE PARTY FOR VERIFYING INFORMATION OF OTHER USER(S)]
FR8CONNECT depicts mileage options in a drop down box for posting empty space from trailers in order to match them with available partial and full loads that may be local to other drivers / carriers / empty trailers. The distances (calibrated in mileage) between zip codes is as accurate as possible but FR8CONNECT is not responsible for any loss of fuel, time or any other type of expenses due to a lack of understanding of the mileage radius. The mileage drop down box is the subscriber’s own duty to verify mileage on routes, load dispatches and general routing information on any loads or orders that may be posted or matched through the FR8CONNECT site. Subscribers are required to verify all information for a shipper’s address, business or billing address, carrier MC#, carrier cargo insurance, billing or credit information and any other information posted or related online by any user of the site to any other user of the site. It is not FR8CONNECT’s responsibility to, in any way, verify, check, research or clear any user allowed to post on the site. Users of FR8CONNECT assume all risk in tendering loads, establishing new business relationships, verifying credit or invoicing of vendors, shippers, carriers or any users of the site. Users take it upon themselves to research, verify and check all information posted by any other user on the site before taking action to execute or utilize the services of another user that may have been matched or found through the FR8CONNECT website.
FR8CONNECT does not endorse any claims as to the accuracy of the credit ratings, days-to-pay, licensing, authority and / or insurance information listed and in no way acts as a broker, shipper, carrier, owner-operator bound to it. No person should place reliance on information derived from this site where such reliance may result in loss, damage or injury. ALL USERS ARE ENCOURAGED TO PERFORM THEIR OWN CREDIT CHECK AND / OR INSURANCE CHECKS OF USERS ON THE FR8CONNECT WEBSITE. However, if a subscriber identifies erroneous or false information posted to the site, please contact us at email@example.com.
NO RESALE OF SERVICE / CONTENT
In order to maintain the best online freight consolidation and truck and space matching web service, we must guard against those that may try to take advantage of others or who simply do not follow prescribed rules and regulations. If you are submitting content to our site, you warrant and represent that the information is accurate, that you are authorized to submit the information, and that the information content, format and delivery method is appropriate. In order to protect each user we reserve the absolute right to review, reject or modify the information submitted in our sole and independent discretion. By transferring information you agree that FR8CONNECT, its affiliates, and assigns are licensed to use, reproduce, display, perform, adapt, modify, distribute, and promote the information in a manner we deem reasonable in our sole and independent judgment.
You agree not to reproduce, duplicate, copy, sell trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
MODIFICATIONS TO SERVICE
FR8CONNECT reserves the right at any time (and from time to time) to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or our entire site without notice. You agree that FR8CONNECT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
You agree that FR8CONNECT may, under certain circumstances and without prior notice, immediately terminate your FR8CONNECT account and access to the service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your FR8CONNECT account includes (a) removal of access to all offerings within the service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the service. Further, you agree that all terminations for cause shall be made in FR8CONNECT’s sole discretion and that FR8CONNECT shall not be liable to you or any third-party for any termination of your account or access to the service.
THIRD PARTY INTERACTIONS AND LINKS TO OTHER SITES
This service may contain links to other independent third-party websites ("linked sites"). These linked sites are provided solely as a convenience to users of the service. Such linked sites are not under FR8CONNECT‘s control, and FR8CONNECT is not responsible for and does not endorse the content of such linked sites, including any information or materials contained on such linked sites. Subscribers must make their own independent judgment regarding interaction with these linked sites.
During use of the service, you may enter into correspondence with, purchase goods and / or services from, or participate in promotions of advertisers, affiliates or sponsors depicting their goods and / or services through the FR8CONNECT site. Any such activity and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. FR8CONNECT and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. FR8CONNECT does not endorse any sites on the Internet that are linked through the Service. FR8CONNECT provides these links to you only as a matter of convenience, and in no event shall FR8CONNECT or its licensors be responsible for any content, products, or other materials on or available from such sites. FR8CONNECT provides the service to you pursuant to the terms and conditions of this agreement.
The content and software used on this website and the website layout and design are the exclusive property of FR8CONNECT and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Users may not copy or retrieve data or other content from this website, either manually or through the use of automatic devices, for the purpose of creating, directly or indirectly, a collection, database, or directory without the express written permission of FR8CONNECT. Subscriber(s) may not reproduce, modify, distribute, transmit, republish, display, rent, sell, license, edit, or create derivative works from any of the content or other material on this website. You acknowledge that FR8CONNECT is an internet-based business and that our service is available through the internet. To maintain an account with us, you will need to be able to access our website on the internet, which requires appropriate computer equipment, internet access and a website browser as well as an e-mail account. You acknowledge and understand that you may incur certain operational costs in connection with your use of the internet such as monthly fees for a service provider, airtime charges, etc, for which you are solely responsible.
INTERRUPTIONS TO SERVICE
FR8CONNECT reserves the right to modify or discontinue the load board and / or consolidation service with or without notice. FR8CONNECT shall not be held liable to any subscriber or any third party should FR8CONNECT exercise its right to modify or discontinue the load board and load consolidation services in any way or at any time. All subscribers acknowledge and accept that FR8CONNECT does not guarantee continued, uninterrupted, or secured access to the load board and / or consolidation service.
DISCLAIMER OF WARRANTIES
FR8CONNECT maintains an online freight matching and freight consolidation service for use by carriers, agents and shippers in order to conduct business and communicate with one another. FR8CONNECT does not handle cash, control subscribers in any way, or arrange for the movement of freight. All such arrangements are made by, and between, the users of the site and any terms and conditions of such freight movement are solely between the carrier and the shipper. No agency, partnership, joint venture, or employee-employer relationship is intended or created by your use of this website or by these TOS. If a dispute arises by or between users, we must be informed. Users agree not to name FR8CONNECT in any dispute that may arise with other users. You agree to release FR8CONNECT its officers, employees, and agents from all claims, demands and damages, actual and consequential, of every kind and nature, known or unknown, in any way connected with such disputes.
USE OF THE INFORMATION AND DATA CONTAINED ON THIS WEBSITE IS AT YOUR OWN RISK. FR8CONNECT does not provide any applicable warranty or guarantee. FR8CONNECT makes no representations or warranties with regard to the accuracy of content on its site and assumes no liability or responsibility for inaccuracies, errors, or omissions in such content. The information and data on this site is provided on an "as is" and "as available" basis without warranty or condition of any kind or nature, either express or implied. FR8CONNECT specifically disclaims the implied warranties of title, fitness for a particular purpose, merchantability and non-infringement. In no event shall FR8CONNECT be liable for FR8CONNECT does not endorse any claims as to the accuracy of the credit ratings, days-to-pay, licensing, authority and / or insurance information listed and in no way acts as a broker, shipper, carrier, owner-operator bound to it. No person should place reliance on information derived from this site where such reliance may result in loss, damage or injury. ALL USERS ARE ENCOURAGED TO PERFORM THEIR OWN CREDIT CHECK AND / OR INSURANCE CHECKS OF USERS ON THE FR8CONNECT WEBSITE. However, if a subscriber identifies erroneous or false information posted to the site, please contact us at firstname.lastname@example.org lost profits or any special, incidental or consequential damages however arising, including negligence, arising out of or in connection with this agreement and / or subscriber’s use of the website. FR8CONNECT accepts no responsibility or liability for any use of the data and / or information or reliance placed upon said data and / or information. FR8CONNECT makes no warranties that said data and / or information is free of infection by computer viruses or other contamination. FR8CONNECT does not endorse or in any respect warrant any third party products or services by virtue of any information, material or content referred to or included on, or linked from or to this site. Some states do not allow for the limitation of liability, so the foregoing limitation may not apply to you. All website users agree to indemnify and hold FR8CONNECT, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the TOS or violation of any other rules expresses or unexpressed.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
NOTICES / TOS CHANGES
FR8CONNECT may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings its website. FR8CONNECT may update the TOS to reflect changes in our services and customer feedback. If FR8CONNECT makes changes to any terms or conditions of the TOS, these changes will be posted on our website in a timely manner.
Please report any violations of the TOS to us via email@example.com.