Terms and Conditions

 

Welcome to the FreightEmpire LLC website (the “Site”). The Site provides you with access to our products and related information. These Terms and Conditions apply to and govern the Site, services offered on the Site and any additional services provided to you by FreightEmpire LLC or any of its affiliates, agents, or representatives.

 

CAREFULLY READ THESE TERMS AND CONDITIONS

 

These Terms and Conditions constitute an agreement between you and us. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY, UNDERSTAND EACH OF THEM AND AGREE TO BE BOUND BY ALL OF THEM. By accepting these Terms and Conditions, you agree that you will be bound by them each and every time you use our Site, our services, materials and information provided by us to you, or otherwise interact with us. If you do not agree to these Terms and Conditions, you may not access or otherwise use our Site, services, or any materials or information provided to you by us.

 

The term “you” as used in these Terms and Conditions refers to the individual registered with Freightempire.com or accessing and using the Site, and if you are accessing and using the Site on behalf of a corporation, partnership, limited liability company, or other business entity, then you also includes that entity and all individuals gaining access through its account with Freightempire.com. Please note that these Terms and Conditions contain waivers by you of certain rights you have against us, our affiliates, and our or their directors and representatives.

 

The terms “us,” “our,” or “we” as used in these Terms and Conditions refer to Freightempire LLC (also refered to as FreightEmpire.com), a Michigan limited liability company, and each of their agents, affiliates, directors and representatives.

 

The term “Site” as used in these Terms and Conditions refers to FreightEmpire LLC.

 

1. CHANGES TO TERMS AND CONDITIONS

 

We reserve the right, in our sole discretion and with or without notice, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of these Terms and Conditions will be posted on the Site. Your continued use of the Site or any materials or information provided to you by us after such changes are posted will constitute your agreement to such changed Terms and Conditions. Please check the Terms and Conditions periodically for changes.

 

2. CHANGES TO SITE AND SERVICES

 

We may change, suspend or discontinue any aspect of our Site or services at any time. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Site without notice or liability.

 

3. ACCESS TO SERVICES

 

Before being permitted to access or use certain services, you will be asked to register and submit certain information about yourself (“Registration Information”). You represent and warrant that: (a) all Registration Information you have provided is true, accurate, current and complete; and (b) you will maintain and promptly update the Registration Information to keep it true, accurate, current and complete. In connection with your registration, you also will be asked to create a password- protected account to access the services (an “Account”). You agree to keep your Account information and password confidential. You agree to notify us immediately of any actual or suspected unauthorized use of your Account. Individual services may require you to agree to additional terms specific to the use of such services.

 

4. APPROPRIATE USE

 

When you create an Account, you represent, warrant and covenant that (1) you are at least 18 years of age; (2) you are or represent a bona fide carrier, or are a bona fide shipper or intermediary; (3) your access of the Site and use of information and materials provided to you by us is for commercial purposes and is limited to moving freight by truck via our freight-matching service and/or using the other services offered by us to you on our Site; (4) your commercial purpose in accessing and using the Site or any information or materials provided to you by us is not to directly or indirectly compete with or gain a competitive advantage in relation to us or any of our affiliates; (5) you will not permit non-registered users to use the Site or any materials or information provided to you by us without our express permission; (6) you will not disclose your Account password or provide access to your Account to non-registered users without our express permission; (7) if you have more than one physical premise from which you conduct your business, you shall create a separate Account for each such separate physical premise; (8) you will not use an automatic browser refresh program when accessing the Site; and (9) you will not use the Site and any postings made by you on the Site to advertise services for any third-party entity or person.

You understand and agree that in order to use our services and register on this Site, you must provide us with a verifiable physical address that is not a P.O. Box or Commercial Mail Receiving Agency in order to be granted an Account. You further understand and agree that we reserve the right to restrict, in part or in full, access to the Site to you if you are an entity or are affiliated with an entity, that provides a service competitive to our services.

By violating any of these warranties and obligations, you risk having your Account terminated by us without warning and, in addition to being subject to any other legal remedies that may be available under these Terms and Conditions, or that may be available under state and/or federal law, we may, in its sole discretion, elect to assess you a penalty in the amount of $1.00 for each unauthorized access or use of the Site by you or by a third party using your Account password or accessing your account without our permission. To the extent we may have to sue you to enforce any of these Terms and Conditions, or other violations committed by you while accessing or using the Site or any materials or information provided by us to you, you expressly agree to bear the costs of that enforcement, including without limitation, all related attorneys’ fees.

 

5. PROPRIETARY RIGHTS

 

The content and software used on the Site and the Site layout and design are our sole and exclusive property. Content and other information and material on the Site or otherwise provided to you by us is protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You may use the information and material on our Site or otherwise provided to you by us only for personal or commercial use as described in these Terms and Conditions. Unless expressly authorized by us, you may not reproduce, modify, distribute, transmit, republish, display, perform, rent, sell, license, edit, or create derivative works from, any of the content or other material on the Site or otherwise provided to you by us. You may not copy or retrieve data or other content from the Site or otherwise provided to you by us – either manually or by use of automatic devices – for the purpose of creating or compiling, directly or indirectly, a collection, database, or directory without written permission from us. You may not use meta tags or other hidden text utilizing our name or trademarks, nor may you use framing techniques to enclose any portion of the Site, without our express, written permission.

 

6. SUBMISSION OF CONTENT TO THE SITE

 

By submitting content to this Site, you:

 

  1. Grant us and our affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, and promote the content on the Site in any form for any purpose;
  2. Warrant and represent that the content is accurate, and that our posting and use of your content will not infringe or violate the rights of any third party;
  3. Warrant and represent that you are located within the borders of the United States, Canada, or Mexico;
  4. Agree not to list your phone number or email address in the “Special Information” field of posts;
  5. Warrant and represent that you will not upload, post or transmit to or distribute or otherwise publish through our Site, any material which: (i) restricts or inhibits any other user from using or enjoying our Site, (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violates, plagiarizes or infringes the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) constitutes defamatory or libelous statements, (vi) contains a computer virus or other harmful component, (vii) constitutes or contains false or misleading indications of origin or statements of fact, or (viii) is inappropriate for the purpose of our Site. We retain the right to review any material submitted for posting on our Site and have the sole and absolute right to determine whether that material complies with these Terms and Conditions.

 

7. PRIVACY POLICY

 

Our privacy policy is incorporated in these Terms and Conditions by reference. By accepting these Terms and Conditions, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy (http://www.freightempire.com/privacy-policy).

 

8. FEES

 

By registering with us, you agree to pay us all subscription, service and usage fees, if any, that we charge as disclosed on our Site or otherwise by us. According to the nature of some of our services, fees may be required in advance of use. All fees must be paid in U.S. dollars.

 

9. REFUND POLICY

 

For our subscription based services, payment is made for access over a certain period of time, regardless of actual usage. A request for refund on an account with no usage during that billing cycle may be granted at our discretion. We do not pro-rate for partial usage during a billing cycle.

 

10. ASSIGNMENT

 

We reserve the right to assign our rights and obligations under these Terms and Conditions to one or more of our affiliates or to any successor entity by way of merger, consolidation, or otherwise. You are not entitled to assign your account registration or any of your rights or responsibilities under these Terms and Conditions without our express written consent. These Terms and Conditions will inure to the benefit of, be binding upon, and be enforceable by our successors and assigns.

 

11. THIRD-PARTY SITES

 

The Site contains links to other websites on the Internet. These other websites are not under our control, and we are not responsible for the accuracy of information on these websites, their copyright compliance, their conditions or terms of use, their privacy policies, or any other aspect of those websites.

 

12. CONSENT TO ELECTRONIC COMMUNICATIONS

 

You acknowledge that we are an Internet-based business and that our services are available through the Internet. You agree to receive documentation and information provided by us primarily through our Site and through e-mail provided to you via the Internet. Any information or materials that we provide to you by telephone, U.S. mail, facsimile or other means does not constitute a waiver of this agreement. To maintain an Account with us, you will need to be able to access our Site on the Internet, which requires Internet access and a Web browser, as well as an Internet e-mail account. No additional hardware or software requirements should be necessary. In the event of a change in the hardware or software requirements necessary to access our Site, notice will be displayed on our Site prior to the implementation of such a change. You acknowledge that you have the appropriate computer equipment to use our Site and to receive e-mail via the Internet 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, for which you are solely responsible. You solely and expressly agree to undertake the obligation to notify us of changes in your electronic contact information.

 

13. NO CONFIDENTIAL OR CONTRACTUALLY IMPLIED RELATIONSHIP EXISTS WITH US

 

You acknowledge that by registering with us, submitting information to us for posting or any other purposes, using information or materials provided by us to you, or using the Site and our services, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than the express contractual relationship set forth in these Terms and Conditions.

 

14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

We facilitate the movement of freight by maintaining an online freight-bidding marketplace service for use by carriers, brokers and shippers, but we do not arrange for the movement of freight, nor do we set up, handle, or control any payment for such services. All such arrangements are made by the users of the Site, and any terms and conditions of such freight movement, including any pricing or payment terms, are solely between the carrier, broker and the shipper. No agency, partnership, joint venture, employee-employer, or franchisee-franchisor relationship is intended or created by your use of the Site or by these Terms and Conditions.

 

Your use of the Site and any information or materials provided by us to you is at your own risk. While we make reasonable efforts to post and supply accurate and timely information, we make no representations or warranties of the accuracy of content on the Site or content otherwise provided to you by us through an alternatives means and assume no liability or responsibility for inaccuracies, errors, or omissions in such content. Without limiting the foregoing in any way, we make no representations or warranties whatsoever regarding the quality, qualifications, safety, accident history, vehicle history, criminal or civil liability history, creditworthiness, or experience of any of the carriers, brokers, shippers, or any other users of the Site; and, in addition, by using the Site, you acknowledge and agree that we do not, and have no duty to, conduct any investigations or evaluations with regard to any of the foregoing. You fully and completely assume all risk of using the Site and any information or materials provided by or made available on the Site by us or any other user of the Site.

 

Neither we nor any other party involved in the creation, distribution, or display of the Site or any other materials or information provided to you by us is liable for any lost profits or any direct, indirect, punitive, incidental, special, or consequential damages that result from the use, or inability to use, the Site or any other materials provided to you by us, even in the event of our negligence. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL CONTENT AND SERVICES PROVIDED TO YOU ON THE SITE OR BY US THROUGH ANY OTHER MEANS ARE DELIVERED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

 

We do not warrant that the Site or its server(s) are free of viruses or other harmful components that may infect or damage your computer equipment or other property as a result of your accessing, browsing, and/or using the Site, downloading information, or printing information from the Site.

 

15. USER’S INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, as well as our subsidiaries, affiliated companies, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys’ fees, made by any third party that arise from your use or misuse of the Site or any other materials or information provided by us to you (whether such material or information originates from us or from a third party, including, without limitation, other users of the Site), your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.

 

16. CLAIMS OF INFRINGEMENT

 

Just as we require users of the Site to respect our copyrights and other intellectual property rights, we respect the copyrights and other intellectual property rights of users of the Site and other third parties. If you believe in good faith that your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by mail to:

 

FreightEmpire LLC
Attn: Copyright Infringement Agent
33126 Dequindre Rd
Sterling Heights, MI 48310

 

Please provide the following information to our Copyright Infringement Agent:

  • (1) the identity of the infringed work, and of the allegedly infringing work;
  • (2) Your name, address, daytime phone number, and e mail address, if available;
  • (3) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
  • (4) a statement of the accuracy of the notice and, under penalty of perjury, that you are authorized to act on behalf of the owner; and
  • (5) Your electronic or physical signature.

 

17. GOVERNING LAW

 

These Terms and Conditions shall be governed by and construed under the laws of the State of Michigan without regard to that state’s conflicts of law rules. By registering with and using the Site or other services provided by us, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of the Site or other information or materials provided by us to you is under state or federal courts located in the State of Michigan and that all claims or actions will be brought in those courts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

 

18. SEVERABILITY AND INTEGRATION

 

These Terms and Conditions constitute the entire agreement between you and us with respect to the Site and supersede any prior or contemporaneous communication (whether oral, written, or electronic) between you and us with respect to the Site. These Terms and Conditions also govern and are incorporated into any additional agreement or arrangement between you and us, including without limitation any agreement relating to the collection, compilation and supply of data from us. If any part of these Terms and Conditions is held void, invalid, or unenforceable, that portion shall be construed to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

19. OUR RIGHT TO TERMINATE ACCOUNT

 

We reserve the right to terminate your Account and access to all or part of the Site, and remove any materials, information and data that you have posted on our Site, in our sole discretion, without notice, at any time and for any reason, including, without limitation (1) a breach of these Terms and Conditions (2) unauthorized use of your user name(s) or password(s) or account(s) or (3) unauthorized use of any information or materials provided to you by us.

 

THESE TERMS AND CONDITIONS ARE EFFECTIVE AND MODIFIED AS OF 06/20/2016