Important:
You must agree to the Terms of Service of www.Autoloads.com to register.
I.
General
www.AutoLoads.com,
Inc. offers Internet-related services for the transport industry,
including the use of a central dispatch system through its web site,
http://www.www.AutoLoads.com.com ("Www.AutoLoads.com"),
to its subscribers. www.AutoLoads.com does not and cannot control
the content, quality or accuracy of information available through
www.AutoLoads.com. The information found in www.AutoLoads.com is
provided solely by the subscribers listed. The purpose of this site
is to help connect companies in the auto transport business so that
they can then make their own independent evaluations, at minimum
verifying references and evidence of insurance and license. These
Terms of Service set forth the basic rules that apply to www.AutoLoads.com's
services and use of www.AutoLoads.com. www.AutoLoads.com may change
these Terms of Service in the future upon a notice published on-line
or otherwise provided by www.AutoLoads.com. BY USING www.AutoLoads.com's
SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE
LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ONLINE OR OTHERWISE
AVAILABLE FROM www.AutoLoads.com FROM TIME TO TIME. If the Terms
of Service, www.AutoLoads.com's services, system, or pricing is
or becomes unacceptable to a subscriber, the subscriber's only right
shall be to terminate its account in accordance with the Section
labeled "Termination and Suspension" below.
II.
Standards of Conduct - Carriers
Carriers
shall: (1) maintain adequate insurance coverage and licensing at
all times; (2) pick up and drop off vehicles within the promised
window of time and at the agreed upon price; (3) professionally
handle vehicles so as to minimize occurrence of damage; (4) provide
customers with completed and signed bill of lading/vehicle condition
form upon delivery; (5) deal with damage claims fairly and responsively;
(6) promptly forward customer payments to brokers when applicable;
(7) deal with customers in a professional and courteous manner;
(8) promptly notify car owners and customers of unexpected delays.
III.
Standards of Conduct - Brokers, Dealers, Freight Forwarders, Auctions,
and Rental Agencies
Brokers,
Dealers, Freight Forwarders, Auctions, and Rental Agencies shall:
(1) maintain proper insurance, licensing, and bonding at all times;
(2) provide the agreed upon vehicle to carriers at the agreed upon
time and price after an agreement has been made; (3) make prompt
payment of outstanding balances owed to carriers; (4) remove posted
loads from the database once an agreement has been made to ship
such loads with a carrier.
IV.
Lawful Use
www.AutoLoads.com's
system and services may only be used for lawful purposes and in
a manner that www.AutoLoads.com believes, in its sole discretion,
to be consistent with the rights of other www.AutoLoads.com subscribers
and third parties. While www.AutoLoads.com is not responsible for
the content of subscriber-entered information, said content must
comply with all laws and must not infringe the rights of any third
party. www.AutoLoads.com's services and system may only be used
for lawful purposes and consistent with all rights of other parties.
Without limiting the foregoing, www.AutoLoads.com's services and
system shall not be used in a manner that would violate any law
or infringe any copyright, trademark, trade secret, right of publicity,
privacy right or any other right of any person or entity or for
the purpose of transmitting or storing of material which is obscene,
libelous or defamatory.
V.
Changes to Service
The
services provided by www.AutoLoads.com and www.AutoLoads.com's system
are expected to change from time to time. www.AutoLoads.com reserves
the right to change any service offered or the features of any service
offered or its system without notice.
VI.
Payment Terms
Notwithstanding
any free-trial offer that www.AutoLoads.com may offer at its sole
discretion, subscriber must pay fees per www.AutoLoads.com's rate
schedule in effect from time to time as a condition to obtaining
access to www.AutoLoads.com's services and system. A subscriber
also must pay any sales, use or like taxes. If the payment method
is by credit or debit card and payment is not received by www.AutoLoads.com
from the card issuer or its agents, the subscriber agrees to pay
all amounts due upon demand by www.AutoLoads.com. Rate changes will
be effective when published on-line or otherwise provided to subscribers.
Payment terms of monthly fees are net 10 days. Payments not made
within 30 days of billing date are considered delinquent. Delinquent
accounts are subject to immediate suspension and/or termination
without notice. Monthly charges will not be pro-rated.
VII.
Termination and Suspension
Either
subscriber or www.AutoLoads.com may, at its sole discretion, terminate
the subscriber's account at any time with or without reason. SUBSCRIBER MUST PROVIDE A WRITTEN
CANCELLATION LETTER TO WWW.AUTOLOADS.COM, INC. TO TERMINATE SERVICE AT 6312 US 301 N. STE. 227, ELLENTON, FL 34222.WHILE
www.AutoLoads.com DOES NOT GUARANTEE THE QUALITY OR RELIABILITY
OF SUBSCRIBERS USING WWW.AUTOLOADS.COM, WE EXPECT ALL USERS TO ABIDE
BY CERTAIN INDUSTRY-WIDE PROFESSIONAL STANDARDS. FAILURE OF MEMBERS
TO FOLLOW THESE STANDARDS MAY RESULT IN REMOVAL FROM THIS SERVICE.
Subscriber standards are defined below. www.AutoLoads.com also may,
at its sole discretion, suspend a subscriber's account at any time
with or without reason. TERMINATION OR SUSPENSION DOES NOT RELEASE
LIABILITY FOR CHARGES DUE. www.AutoLoads.com may delete all data,
files or other information that is stored in subscriber's account
upon termination. Provisions set forth below in the sections entitled
"No Warranty; Limitation of Liability" and "Indemnity"
shall survive termination.
VIII.
No Warranty; Limitation of Liability
USE
OF www.AutoLoads.com'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL
IS AT USER'S SOLE RISK. www.AutoLoads.com DOES NOT WARRANT THAT
ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE
FROM UNAUTHORIZED INTRUSION, OR THAT www.AutoLoads.com's SERVICES
OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY;
NOR DOES www.AutoLoads.com MAKE ANY WARRANTY AS TO THE RESULTS OR
INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET
IN GENERAL. www.AutoLoads.com's SERVICES AND SYSTEM ARE PROVIDED
ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE
HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT
BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL
www.AutoLoads.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF
PROFITS. WITHOUT LIMITING THE FOREGOING, www.AutoLoads.com WILL
NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO
USE ALL OR ANY PART OF www.AutoLoads.com'S SYSTEM OR SERVICES, RELIANCE
BY ANY PERSON ON INFORMATION OBTAINED THROUGH www.AutoLoads.com'S
SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES,
ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS
OR FILES. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO
BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF
THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.
IX.
Indemnity
The
subscriber agrees to indemnify and hold harmless www.AutoLoads.com,
Inc., its directors, officers, shareholders, agents, employees and
its other subscribers from any and all claims, liabilities, damages,
or expenses, including attorney fees, arising out of or resulting
from any and all use of subscriber's account whether or not authorized.
X.
Non-Transferability
Subscriber's
account and right to use www.AutoLoads.com's services and system
is not transferable without www.AutoLoads.com's consent. Subscriber
agrees to protect its password and account and to keep them secure
from unauthorized users and use.
XI.
Confidentiality
www.AutoLoads.com
treats electronic messages as private. Exceptions are those permitted
by law, including under the Electronic Communications Privacy Act
of 1986 (the "ECPA"). The ECPA permits www.AutoLoads.com
limited ability to intercept and/or disclose electronic messages,
including, for example (i) as necessary to operate the system or
protect www.AutoLoads.com's rights or property, (ii) upon legal
demand (court orders, warrants, subpoenas) or (iii) where www.AutoLoads.com
receives information inadvertently which appears to pertain to the
commission of a crime. Users should be aware that electronic messages
may be intercepted lawfully or unlawfully outside of www.AutoLoads.com's
system. In addition, although www.AutoLoads.com has implemented
certain security measures, www.AutoLoads.com cannot guaranty that
its system or stored data of a subscriber will be free from unauthorized
intrusion or otherwise guaranty the privacy of information of any
user.
XII.
Interpretation
These
Terms of Service supersede all other written and oral communications
or agreements with regard to the subject matter. A waiver or modification
of these Terms of Service shall only be effective if in a writing
signed by an authorized officer of www.AutoLoads.com. These Terms
of Service shall be governed by and construed in accordance with
the laws of the State of Florida without regard to choice or conflict
of law principles. Any legal action or proceeding arising under
or relating to the Agreement shall be brought in my the federal
or state courts of The State of Florida and the parties hereby consent
to personal jurisdiction and venue therein. If any provision of
these terms and conditions is found to be unenforceable or invalid,
the remaining provisions shall be enforceable and valid to the greatest
extent permitted by law.
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