Load Surfer Load Board License Agreement
Load Surfer Corporation currently owns various intellectual property rights used in connection with the business as described in the terms and conditions and the rights to these properties forms a portion of the following Terms and Conditions.
TERMS AND CONDITIONS
This is an agreement formed between Load Surfer Corporation the party of the first part hereinafter referred to as “Load Surfer” and other future users such as subscribers or members or other affiliates of a company or any other possible parties. By accessing Load Surfer or any other services or products of Load Surfer, the party of the second part explicitly agrees to be bound by the terms and conditions of the following agreement.
ACCEPTANCE OF TERMS AND CONDITIONS
Load Surfer Corporation agrees to provide you with access to the Load Surfer Website ( www.loadsurfer.com) subject to the following Terms and Conditions. Use of www.loadsurfer.com or any additional Load Surfer services or products constitutes an explicit pending agreement between the parties. The terms and conditions are outlined in this document, on the Load Surfer Website or any other Load Surfer products or services. Load Surfer Corporation reserves the absolute right, at its sole discretion to amend these terms and conditions at any time with or without notice to the Load Surfer Website. Failure to agree to these terms will bar access
ABOUT LOAD SURFER LOAD BOARD
Load Surfer (load board) is an online freight load and equipment matching service acting as an online trading forum by providing opportunities for subscribers to post and search for available freight loads and equipment.
Load Surfer (load board) also offers subscribers access to third-party services such as mileage and credit information. Load Surfer (load board) is careful to identify all third-party information posted on its website; however, subscribers should use this information at their own discretion. Load Surfer (load board) Corporation does not accept any liability for the accuracy of third-party information.
As a member of the Load Surfer (load board) Community, the party of the second part consents to receiving electronic communications from the Load Surfer (load board) Corporation suitable for the second parties needs. Such communications include but are not limited to promotion information, service updates, product upgrades, newsletters and other information that Load Surfer (load board) Corporation deems, at its’ sole discretion, to be relevant to your subscription.
Unless otherwise stated, any new products, features, or changes to products or services offered in the future as a part of Load Surfer (load board) product will be subject to the terms and conditions outlined in this document.
By agreeing to these Terms and Conditions, it is understand and agreed that Load Surfer (load board) Corporation bears no responsibility for the accuracy, timeliness, corruption or deletion of any information stored on the Load Surfer (load board) Website.
Further it is understood that Load Surfer (load board) is an internet-based service: Subscribers are solely responsible for obtaining and maintaining suitable equipment and internet connections, and are responsible for any and all costs associated with accessing and using Load Surfer (load board) and/or any other Load Surfer (load board) products or services.
ACCESS TO LOAD SURFER LOAD BOARD
Subscribers may access the Load Surfer (freight board) database in several ways including but not limited to the Load Surfer (freight board) Website, integration to their Transportation Management System (TMS), third-party posting service or other integration authorized by Load Surfer Corporation. By agreeing to these Terms and Conditions, it is understood and agreed that these terms and conditions are applicable irregardless of the method used to connect to Load Surfer (freight board).
LOAD SURFER LOAD BOARD SUBSCRIBER REQUIREMENTS
- Subscribers must be the age of majority (18 and over) for the purposes of this agreement;
- Load Surfer (freight finder) does its best to promote a fair and safe trading environment for its members. Consequently, Load Surfer (freight finder) requires all future members to provide supporting documents to ensure that each subscriber is or represents a bona fide carrier or freight broker. A listing of the documents that Load Surfer (freight finder) accepts to verify the identity of its subscribers is listed on its website. Load Surfer (freight finder) reserves the right, at its sole discretion, to deny any application received without explanation. Decisions made by Load Surfer Corporation in this respect shall be final. Furthermore, although Load Surfer Corporation takes reasonable steps to verify the identity of its members , these steps are taken as a courtesy to other Load Surfer (freight finder) members and the company accepts no liability whatsoever for the accuracy or validity of information provided by its members.
- The subscriber’s access to Load Surfer (freight finder) is for commercial purposes only and is limited to posting and searching for available loads or trucks in the Load Surfer (freight finder) database as well as to use the third party services offered as part of the Load Surfer (freight finder) subscription.
- The subscriber’s sole purpose in accessing the Load Surfer (freight finder) database will be to post and search for available loads and trucks. The subscriber will not, under any circumstance, access the Load Surfer (freight finder) database for the purposes of gaining competitive advantage over Load Surfer Corporation.
- The subscriber warrants and represents that all information submitted to the Load Surfer (freight finder) website is accurate.
- If a subscriber violates any of the provisions stated within these terms and conditions, or for any other reason, Load Surfer Corporation reserves the absolute right to terminate the subscriber’s subscription and remove or otherwise restrict subscribers access to the website at their sole discretion, with or without any prior notice or warning.
- If Load Surfer Corporation at any time or for any reason deems a subscriber is in violation of the terms of service, Load Surfer Corporation reserves all rights to pursue legal action against the subscriber that may include but is not limited to civil and/or criminal actions under state/provincial and/or federal law. Should Load Surfer Corporation be forced to use legal action to enforce the terms of service outlined herein, the subscriber expressly agrees to bear any and all costs associated with such action.
REGISTRATION & SECURITY
As part of the registration process, subscribers will be given a password and a Member ID (username). Subscribers will provide certain registration information, which must be accurate and up-to-date. Subscribers may not select or use the Member ID of another person with the intent to impersonate that person. Failure to comply with the above will constitute a breach of these terms of service and may result in the immediate termination of the subscriber’s account.
Subscribers will immediately notify Load Surfer Corporation of any known or suspected unauthorized use(s) of their account or any other known or suspected breach of security, including but not limited to: loss, theft, and unauthorized disclosure of their password or credit card information.
Subscribers are solely responsible for all usage or activity that occurs on their Load Surfer (freight board) account. Load Surfer (freight board) members must take reasonable precautions to ensure that their password is kept safe and secure. Load Surfer (freight board) members are further cautioned NOT to share their username or password information under any circumstance. Load Surfer (freight board) may use its sole discretion at any time to respond to any fraudulent, abusive, or otherwise illegal activity to terminate a subscriber’s account and may also refer the matter to the appropriate law enforcement agencies.
Load Surfer (freight board) is a subscription fee-based website. The subscriber agrees to pay any and all services and user fees in advance of use of the subscription. The subscriber also consents to having their credit card, bank account or other authorized form of payment debited automatically at the time of renewal without any prior notice given to the subscriber by Load Surfer Corporation. Subscription fees will be debited on the first business day of their subscription period.
Load Surfer (freight board) memberships become active immediately after payment in the form of direct or credit card payment has been made. Service purchases will appear on your credit card and/or bank statements under the name Load Surfer Corporation. Load Surfer Corporation does not issue refunds.
Subscription options include:
- FREE Load or Truck Posting Account: No cost and includes unlimited load and truck posting only. Searching and access to any of Load Surfer (freight board)’s additional products and services is not included.
- Standard Posting & Searching Account: Pricing for this plan is published at http://www.loadsurfer.com/products-and-pricing/. Standard Posting and Searching Account includes: unlimited load posting, unlimited truck posting, and unlimited searching capability for freight and equipment. Subscribers to the Standard Posting & Searching Account have access to Ansonia Credit Reports, J D Guarantee information and ProMiles Mileage.
Load Surfer Corporation reserves the right at its sole discretion to lower, raise or otherwise charge fees for access to portions of the subscription or to the website as a whole: However, in no event will subscribers be charged for access to Load Surfer (freight board) without their prior notice. Subscribers may cancel their subscription at any time should they not wish to incur any additional fees, pursuant to the cancellation policy outlined in the terms of service.
NON-SUFFICIENT FUNDS RETURNS
Load Surfer (freight finder) will assess an NSF charge of $25CAD against your bank account, credit card or other payment source for an initial occurrence should there be insufficient funds in the account at the time a membership fee payment occurs. No other Load Surfer (freight finder) services will be provided until the NSF charge has been paid. Load Surfer (freight finder) will assess an additional $50CAD for each additional NSF occurrence and reserves the absolute right to terminate a subscriber’s membership if there are 3 or more instances of insufficient funds at the time when a membership fee payment occurs within a 12 month period.
Unless and until this agreement is cancelled in accordance with these Terms and Conditions, the subscriber authorizes Load Surfer Corporation to charge their chosen payment method for the ongoing cost of membership. Subscription fees will be automatically renewed at the end of the original term selected for a similar period of time, unless the subscriber provides notice of account cancellation a minimum of three (3) days before the renewal date.
As an added benefit option for members, Load Surfer (freight finder) displays the mileage of posted loads through PromilesOnline. This service is meant to provide subscribers with estimates on distances only. In no way does Load Surfer Corporation lay any claims to the accuracy of the mileage. Furthermore, users are in no way bound in any way to the PromilesOnline mileage estimates in their online trading activities.
As an added benefit to its’ members, Load Surfer (freight finder) provides certain credit data on all members (where available) from Ansonia Credit Data, a third party credit reporting agency. This service is meant to provide Load Surfer (freight finder) members with an indication as to the creditworthiness of other Load Surfer (freight finder) members. Although Load Surfer (freight finder) makes every attempt to ensure that the data displayed on the Load Surfer (freight finder) website is accurate and up to date, Load Surfer Corporation accepts no responsibility whatsoever as to the accuracy of said data. Load Surfer Corporation cautions its members that the credit information displayed on loadsurfer.com is to be used as an indication only and is not a substitute for good business judgment.
J D GUARANTEE
The J D Guarantee is an enhanced feature available for the exclusive use of Load Surfer (load board) members and identifies loads that are pre-approved for factoring by J D Factors. Pre-approved loads are indicated by the presence of a green “money bag” icon next to the load, which means that clients factoring their invoices through J D Factors can take the load knowing that the load is factorable. As a non-recourse factor, J D Factors also assumes the credit risk on these loads.
The J D Guarantee as well as the green “money bag” symbol are provided to Load Surfer (load board) as a courtesy only and should not be used as a substitute for good business judgement. Load Surfer (load board) and J D Factors urge members to do their homework in all situations. There are many sources of credit information available (including Equifax on Load Surfer (load board)) that should be consulted when deciding whether or not to grant credit to a potential business partner.
Load Surfer (load board) and J D Factors accept no responsibility for non payments related to loads booked from Load Surfer (load board) or elsewhere. Please also note that the J D guarantee does not apply in cases of claims or disputes.
NO RESALE OF SERVICE
Subscribers explicitly agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for commercial purposes, any portion of Load Surfer (load board) or any other current or future Load Surfer (load board) products and services.
CHANGES TO SERVICE
Load Surfer Corporation reserves the right at any time to change, modify, update or discontinue, restrict or limit any aspect of Load Surfer (load board), or any current and future Load Surfer (load board) products and services, either temporarily or permanently, with or without notice. By agreeing to these Terms and Conditions, you unequivocally agree that Load Surfer Corporation is in no way liable to you or any other party for any modifications, suspension or discontinuance of Load Surfer (load board)’s products and services.
All subscribers to Load Surfer (load board) are entitled to cancel or discontinue their subscription at any time. Cancellations must be made in writing to firstname.lastname@example.org from which you will receive a return confirmation email. Subscribers must advise Load Surfer Corporation at least three (3) days prior to the due date for their next monthly subscription fee installment; failure to do so will result in the assessment of a further period’s subscription charges. Any fees paid before cancellation will not be refunded.
315 Matheson Boulevard East
Mississauga, ON L4Z1X8
Toll Free: 1-877-331-SURF (7873)
Should a problem occur with Load Surfer (freight board), it is Load Surfer Corporations goal to resolve the issue in as prompt, effective and equitable manner as possible. Any complaints must be sent by email to email@example.com or firstname.lastname@example.org, or by using the “REPORT A PROBLEM” or “MAKE A SUGGESTION” buttons on the website. Please include your name, subscription information, and a detailed account of the issue or issues. We strive to respond to all inquiries within 24 hours.
TERMINATION OF SERVICE
It is agreed that Load Surfer Corporation may at its sole discretion with just cause and without prior notice, immediately terminate the Load Surfer (freight board) account and access to its services and features. It is also agreed that Load Surfer Corporation is not in any way liable to any party for termination or other restrictions related to their subscription to Load Surfer (freight board) or other products and services.
Termination of your Load Surfer (freight board) account will include:
- Prohibited access to all Load Surfer (freight board) offerings;
- Deletion of password, profile and any related information, date, files or any other content associated with or inside the account;
- Restriction from use of the Load Surfer (freight board) website, other products and services
Causes for termination may include, but are not limited to:
- Any breach or violation of these Terms of Service or of any other agreements, policies or guidelines subscribers are bound to;
- A request by the subscriber to cancel their subscription;
- A request by law enforcement or other government agency;
- Discontinuation or modification to all or any part of Load Surfer (freight board) or other Load Surfer (freight board) products and services;
- Technical or security issues or problems;
- Extended periods of account inactivity.
This Service may contain links to third-party web sites. These web site links are provided solely as an added convenience for Load Surfer (freight finder) subscribers and to Load Surfer (freight finder)’s knowledge are accurate and reputable sources. However, it is agreed between the parties that third party websites related in any way to the Load Surfer (freight finder) website or its other products and services are not controlled by Load Surfer Corporation. Load Surfer Corporation does not endorse or in any way support any content, data or information that is associated in any way with these websites. Further, it is agreed that Load Surfer Corporation is in no way responsible or liable for any content, information or materials that appear or are otherwise associated with these third party websites. It is important for Load Surfer (freight finder) subscribers to use sound independent judgment in any interaction with third party websites.
Load Surfer (freight finder) is an online trading environment. As such, Subscribers may correspond with, purchase goods and/or services from, or participate in promotions of members, advertisers, affiliates, sponsors or other third parties through Load Surfer (freight finder) and its other programs and services. Subscribers and related entities are solely responsible for any interaction, including but not limited to any terms, conditions, warranties or other representations.. Load Surfer Corporation claims no liability, obligation or responsibility which may result from interaction occurring between entities using its website or any other products and services.
Load Surfer Corporation allows third parties to advertise their products and services on its website. These companies may use ‘cookies’ or other technologies to gather information about subscriber visits and internet traffic in order to target their advertisements. These providers will not have access to personal information such as subscriber name, address, email address, or telephone number.
In order to maintain a superior level of service quality, Load Surfer Corporation is committed to protecting subscribers against unethical business practices or false and misleading information. Subscribers posting information to the Load Surfer (load board) website warrant that the information provided is accurate, and that they are authorized to post said information. Acting in the best interests of its members, Load Surfer Corporation absolutely reserves the right to review, reject or modify any information submitted based on our sole and independent discretion. By posting information the subscriber agrees that Load Surfer (load board), its affiliates, and assignees are licensed have the right to use their sole discretion to, reproduce, display, perform, adapt, modify, distribute, and promote the information in a manner they deem reasonable.
The design, content and software used on this website are the exclusive property of Load Surfer Corporation and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Subscribers may not collect or copy content or data from Load Surfer (load board) for the purpose of creating, directly or indirectly, any kind of collection, database, or directory without the express written permission of Load Surfer Corporation.
Subscribers agree not to use any hidden text or meta tags that use the Load Surfer (load board) name or any affiliated trademarks. Subscribers also may not use framing techniques to enclose any portion of the Load Surfer (load board) website without the express written permission of Load Surfer Corporation. Subscribers also agree to not reproduce, modify, distribute, transmit, republish, display, rent, sell, license, edit, or create derivative works from any of the content or other material on the Load Surfer (load board) website, or from any of Load Surfer (load board)’s additional products and services.
Subscribers acknowledge that Load Surfer (load board) is an Internet-based business and understand that they must have internet access, a web browser and an email account are necessary in order to use Load Surfer (load board). Subscribers are solely responsible for any operational costs incurred related to their use of the internet or any hardware or equipment used to access the website or any additional Load Surfer (load board) products and services.
COMMUNICATIONS FROM Load Surfer Corporation
Load Surfer Corporation and its related parties may allow certain third party vendors to provide subscribers with information about products and services.
Load Surfer Corporation reserves the right to send electronic mail to subscribers for the purpose of informing you of changes or additions to the Service.
Load Surfer Corporation reserves the right to disclose information about subscriber usage and demographic information, but will not reveal personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share information but only with the subscribers consent.
Load Surfer Corporation may contact the subscriber via e-mail regarding participation in user surveys, and may ask for feedback on its website with respect to current and future potential services. This information will be gathered for the purpose of product and service improvement and to develop Load Surfer Corporation’s understanding of stakeholder’s future needs. Any information obtained for the above purpose(s) will be kept confidential and will be reported only in aggregate form.
INTERRUPTION AND/OR MODIFICATION TO SERVICE
Load Surfer (freight board) is committed to providing uninterrupted service to its clientele; however, Load Surfer Corporation reserves the right to modify or discontinue its service at any time with or without prior notice. Load Surfer Corporation can in no way be held liable to any subscriber or other third party should these events occur. Subscribers acknowledge that Load Surfer Corporation does not guarantee uninterrupted or problem free service.
The Load Surfer (freight board) website and all other services and content therein provided by Load Surfer Corporation contain information which is confidential and proprietary. This information is protected by all relevant laws, including but not limited to intellectual property. The parties acknowledge and agree that any content displayed on the Load Surfer (freight board) website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Subscribers agree to refrain from modifying, renting, leasing, loaning, selling, distributing or creating derivative works from any Load Surfer (freight board) based website or related service, in whole or in part.
SUBSCRIBER ASSUMPTION OF RISK & DISCLAIMER OF WARRANTIES
Load Surfer Corporation maintains an online freight matching service for brokers and carriers to use for communication and business purposes. Load Surfer (freight finder) is not responsible or liable for interaction of any kind between subscribers. Social, business and any other type of interaction through the Load Surfer (freight finder) website is the sole responsibility of those parties. Load Surfer (freight finder) would like to be informed of such instances if only to insure that subscribers are using the system as intended; however, Load Surfer (freight finder) is expressly exempt from involvement in any dispute that may arise between subscribers.
Subscribers will ensure that all materials submitted through their account will not be in violation of, plagiarize, or otherwise infringe upon the rights of any third party. This includes any copyright, trademark, privacy or other personal or proprietary rights. Subscribers hereby indemnify and hold harmless Load Surfer Corporation, its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (“related parties”) from and against any and all liability and costs, including, but not limited to attorneys’ fees, incurred by Load Surfer (freight finder) and its related parties arising from any claim related to any breach by the subscriber or any other user of their account of these terms of service or other infringement of the law.
Subscribers wholly and without reservation acknowledge that the use of any information, data or other contents on the Load Surfer (freight finder) website, or of any other Load Surfer (freight finder) products and services is at their sole risk. Load Surfer Corporation is committed to making its best effort to ensure the information provided on its website is accurate and timely; however, Load Surfer Corporation does not in any way guarantee nor will it be held liable for any misinformation, inaccuracies, errors, or omissions which may occur in its web-based or other products and services.
Subscribers understand that the contents of the Load Surfer (freight finder) website are provided “as is.” There are no applicable warranties or conditions of any nature, express or implied. Load Surfer Corporation specifically disclaims implied warranties of any kind, including but not limited to title, fitness for a particular purpose, merchantability or non-infringement. By agreeing to these Terms and Conditions, subscribers wholly discharge Load Surfer (freight finder) from any and all liability for lost revenues, profits or any special, incidental or consequential damages however arising, including negligence, as a result of or in connection with this agreement and/or the subscriber’s use of the Load Surfer (freight finder) website, and other products and services.
Although Load Surfer (freight finder) makes every effort to ensure the accuracy of the content posted on loadsurfer.com, Load Surfer Corporation is not responsible or liable for the accuracy, reliance or use of data, information and/or content on its website, or other Load Surfer (freight finder) products and services. Load Surfer Corporation does not warrant or guarantee that data, information and/or content is free of infection from computer viruses or other types of contamination. Load Surfer Corporation does not endorse or guarantee any third party products or services based on any information, material or content referred to or included on, or linked from or to the Load Surfer (freight finder) Website or other products and services. Subscribers wholly indemnify and release from responsibility or liability, Load Surfer Corporation, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, and hold them harmless from any claim or demand, including but not limited to attorneys’ fees made by a third party due to or arising from content submitted, posted, transmitted or otherwise made available through the Load Surfer (freight finder) website or any other program or service by a subscriber, through use of the website or other services, or violation of the terms of service, or violation of any other rights or obligations.
Disputes between the subscriber and Load Surfer Corporation related to Load Surfer Corporation’s services should be resolved by e-mail if possible Further, subscribers agree that any and all issues and claims arising from or related to these terms of service and/or through the subscriber’s use of the Load Surfer (load board) Website or other services shall be settled by binding arbitration in accordance with the Canadian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy with any other party. All arbitration will be conducted in Ontario, Canada, and judgment on the arbitration award may be entered in any court of competent jurisdiction. Either user or Load Surfer Corporation may seek any interim or preliminary relief from a court of competent jurisdiction in Ontario, Canada, necessary to protect the rights or property of users or Load Surfer Corporation pending the completion of arbitration.
NO THIRD PARTY BENEFICIARIES
The parties agree that, except as otherwise expressly provided in these terms of service, there will be no third party beneficiaries to this Agreement.
The terms of service constitute the entire agreement between the subscriber and Load Surfer Corporation and will govern the subscriber’s use of the Load Surfer (load board) website and any additional services, and will supersede any prior agreements of any kind between the subscriber and Load Surfer Corporation. The subscriber acknowledges and agrees that they may be subject to additional terms and conditions which may be applicable when use or purchase of additional Load Surfer (load board) or affiliates or third-party services or products are used. Any failure on the part of Load Surfer Corporation to exercise any of the rights or provisions outlined in the terms of service does not in any way constitute a waiver of such rights or provisions. If any provision of the terms of service are found by a court of competent jurisdiction to be invalid, the parties will agree that the court will endeavor to give effect to the parties’ intentions as reflected in these Terms of Service and that all other provisions will remain in full force and effect. The parties agree that by registering with Load Surfer Corporation, submitting information for postings or for any other purposes, or for using the Load Surfer (load board) website and other services, no fiduciary, confidential, contractually implied or other relationship is created between subscribers and Load Surfer Corporation other than the express contractual relationship set forth in these terms of service. The subscriber agrees that regardless of any law to the contrary, any claim or cause of action arising out of or related to the use of the Load Surfer (load board) website or any other service or the terms of service must be filed within one (1) year after such cause of action arose or be forever barred. The sections titled in the terms of service are for the purposes of convenience and have no legal or contractual effect.
Load Surfer Corporation reserves the right to assign its rights and obligations under these terms of service to any affiliate or successor entity which may result from any kind of merger, consolidation, or other engagement. Subscribers are not permitted to assign their account registration or affiliated rights and responsibilities outlined in these terms of service without the express written consent of Load Surfer Corporation. These terms of service are applied to benefit and will be binding and enforceable upon our successors and any assignees.
These TOS shall be governed by under the laws of the Province of Ontario, Canada. In general by registering with and using the Load Surfer (freight board) website, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these TOS or your use of the Load Surfer (freight board) website is under Provincial or federal courts located in the Province of Ontario (Canada) and that all claims or actions will be brought in those courts, where applicable 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.
Load Surfer Corporation may at any time provide subscribers with notices which may include but are not limited to those related to changes to the terms of service – either by email, regular mail or by postings through the service.
CHANGES TO THE TERMS AND CONDITIONS
Load Surfer Corporation may at any time update the terms of service to reflect customer feedback or changes to our products and/or services. Load Surfer Corporation will post any changes to the terms of service to its website in a timely manner.
Any and all logos, trademarks and service marks related to Load Surfer (freight board), including but not limited to logos, product and service names are the express property of Load Surfer Corporation. Without the express permission of Load Surfer Corporation, display or use in any manner, any of these proprietary logos, trademarks or service marks are not allowed.
Please report any known violations of the terms of service to Load Surfer Corporation by e-mail.
Load Surfer (freight finder) is a member-driven community which welcomes suggestions and feedback from subscribers related to its products, services and this terms of service agreement. Please email your thoughts and suggestions to email@example.com and firstname.lastname@example.org.