Terms of Service & Site User Agreement



We're always asked a lot of questions about our site, so we have put into writing the rules of our site and the terms and conditions governing our site. Your use of our site is acceptance by you of the terms and conditions in this Agreement. If anyone else uses your registration information or account, he or she is also subject to the terms of this Agreement. We ask, and you agree, that any such user has read this Agreement and accepts it. Remember that this Agreement is intended to make everyone's use of our site easier and better. We'll try to keep the "lawyer talk" out of this as much as possible.

If you have any suggestions, ideas or questions about this Agreement or our site, please do not hesitate to let us know. We value your feedback and realize that your thoughts and ideas are often some of the best we receive.

CHANGE IS EVERYWHERE
It seems like change is everywhere around us. And our website is no different. Wouldn't it be a shame if we never updated our site to make it easier to navigate, more user friendly, and more informative? So, we are constantly looking at how to make it better. Every time we make it better, we make changes and updates. Some of the changes we make will be to this Agreement from time to time. You agree that we can make changes in our sole and independent discretion (there is that lawyer talk) to this Agreement and the site, post it on the site and you will re-visit this page periodically, abide by any changes and be bound by the terms.

WE BRING OUR USERS TOGETHER
Getloaded is only a venue. Our site acts as the venue for shippers and truckers to communicate and do business with each other. We don't handle the cash, or control the users in any way. We are an information distribution site for bringing together shippers and truckers in the hauling industry. If there is a dispute by a user or between users, we want to know about it to make sure everyone is doing what they should be doing on our venue. But keep in mind that we are simply a middleman venue for the trucking business, and in order to protect ourselves, you agree that you will not bring us into any dispute that may arise between users. In order to do so, you agree to indemnify us (pay all fees and costs) associated with our involvement in your dispute and to release Getloaded, 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.

We do everything we can to create a positive experience for all users, and we will act promptly on your complaints, but we cannot control the conduct or the business of the many carriers, shippers, freight brokers, consultants and others that use our site. We also provide you with links to other sites not controlled or owned by Getloaded. You agree that we are not responsible for the content and hold us harmless against any liability resulting from your use of these sites. These links are provided solely as a convenience and they do not constitute an endorsement of the contents or owner of such site.

WE HAVE QUALIFIED USERS
We don't want people and companies not in the business registering on our site. It just adds to our cost, does not benefit you, and means that we have to divert resources from supporting and improving our business and making your experience as positive and productive as possible. In order to register as a user you must be at least 18 years of age and a bona fide carrier, shipper, freight broker or trucking industry consultant. By using our site, you represent that you are one of these.

The use of the Getloaded venue is for freight matching purposes only. You don't want your competition knowing all of your secrets, do you? We surely don't either. So by registering and using the site, you agree that you will not use any of the information available to compete against us online. No competitors are permitted to register or otherwise gain access to our site or information, so you agree that you won't give your user registration information out except to trusted business partners or associates. Our services are only available to individuals and companies that can form legally binding contracts under applicable law.

WE ARE HERE TO SERVE YOU
Getloaded is a venue for freight matching services only. We want you to use our site to find and ship freight. If you don't use our site for that purpose, then all of our users will not be getting the best information and having the best opportunity to find the right load at the right time. You agree that you will not duplicate, copy, compile, reproduce, republish or resell for any commercial purpose any information on our site and not use any device, software or routine that may interfere with the operation of the site. You also agree that Getloaded and you are independent contractors and no partnership, joint venture, agency, employer/employee, franchisor/franchisee, or any other relationship exists or is intended to be created by this Agreement or your use of the site. In addition, a key part of our service is email communications with our users. By using our service, you agree that we may send you email, that you have elected to participate in our email program, that Getloaded may forward email messages to you and that you further elect to receive electronic messages without limitation from Getloaded or its business partners or associates.

INTELLECTUAL PROPERTY
All content on our site (e.g., text, applications, graphics, forums, logos, trademarks, information, and software) is the property of Getloaded and is protected by U.S. and international copyright, trademark and other intellectual property laws. We authorize you to view and download a single copy of the site content for your personal use. The content on our site may not be distributed, copied or displayed, reproduced or transmitted in any form or manner whatsoever unless you have previously obtained permission from an authorized officer of Getloaded.

WE ARE YOUR LOW COST PROVIDER
You know the value in being a registered user, or you are soon to realize the tremendous value of our service. If you are a broker/shipper there is absolutely no charge for basic posting accounts. If you are registering for a load viewing (trucking) or a premium freight posting account or other paid-for service account (in each case, a "Premium Account"), then we will charge you Fees (as defined below). In order to access our Premium Account services you will be required to formally register and create an account. There are two ways to pay for this Premium Account. 1) We can bill your credit/debit card automatically on your billing date for next service term (monthly, or if applicable, yearly) or 2) You can pay by check in 3, 6, or 12 month increments. There is no surcharge for card payments or checks received by mail. However, if you use our check by fax payment method for subscriptions of less than 3 months, then there will be a $10 processing fee assessed.

With respect to Premium Accounts created using a credit card, You give the following authorization:

I authorize automatic credit or charge card billing by Getloaded. I agree that the charges described above will be billed by Getloaded to any credit or charge card that I have provided to Getloaded in my Premium Account information, or otherwise when I applied for the subscription services provided hereunder. I understand that all fees and charges are nonrefundable. I agree that Getloaded will not be responsible for any expenses that I may incur resulting from overdrawing my bank account or exceeding my credit limit as a result of an automatic charge made under this Agreement.

Subscription charges commence upon the date your Premium Account service subscription is activated and will be billed to you each month (for monthly subscriptions) or year (for annual subscriptions) thereafter. Your subscription will be automatically renewed unless you cancel prior to the renewal date. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term. You agree to pay all fees and charges, including applicable taxes, incurred through your Premium Account at the rates in effect for the billing period in which such fees and charges are incurred (collectively, "Fees"). We reserve the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, at any time by changing our standard rates. You therefore agree to check our standard rates from time to time and in each case prior to incurring any charges. Changes to standard subscription rates will be posted in our FAQ.

You can cancel your account any time before your monthly billing date and no further charges will be assessed. Cancellations must be made via fax or email only. In the event that you cancel your subscription, the unexpired portion of your subscription will not be refunded, applied to another subscription, or transferred to anyone else and is not convertible to cash or other form of credit. Payments made as part of a monthly subscription cannot be used as credit toward annual subscription charges and are non-transferable. Increases in subscription rates will apply to existing Premium Accounts at the time of their renewal and will not exceed the subscription rate that has been in effect and posted for 30 days. Customers subscribing at specially discounted promotional rates may be subject to varying rate increases, none of which shall exceed the posted subscription rate for the prior 30 days.

You understand that characteristics of our pricing model may evolve and change. We will only make such a change if we determine, in our sole and independent judgment, that it is appropriate to do so. We are dedicated to delivering more than we promise at pricing that clearly creates a great benefit and real value to each user.

WE PROTECT OUR USER BASE
We have built the site for your use. We try to guard our users against those that may attempt to take advantage of others or who simply do not follow the rules. Therefore, you understand that we have the right to terminate any user's registration or any user's access to the site, at any time, in our sole and independent discretion and judgment. 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 Getloaded, its affiliates, and assigns are licensed to use the information in a manner we deem reasonable in our sole and independent judgment.

DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
Although Getloaded strives for accuracy in all elements of the site, it may contain inaccuracies or typographical errors. Therefore, WE PROVIDE THE GETLOADED WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU USE THE SITE AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty related provision may give you specific legal rights and you may also have other legal rights which vary from state to state. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE MONTH, OR B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. You agree as a registered user to indemnify and hold harmless Getloaded from all damages resulting from claims made against Getloaded relating to both your authorized use and misuse of this site. Use of a cellphone while driving, in order to access the Getloaded site, is strictly prohibited.

ADVERTISMENTS
Getloaded allows companies to present advertising messages on its website, but does not represent or endorse the accuracy or reliability of any of the advertisements (collectively), i.e., links, downloads, distributions and other information accessed directly or indirectly from third-party advertisements contained on this Web Site, nor the quality of any products, information or other materials displayed, purchased or obtained by any consumer, as a result of an advertisement or any other information or offer in connection with the service or products.

FREE TRIALS
Any free trials offered by Getloaded in any form or through any media outlet are only valid for companies/individuals who are new to Getloaded or have an existing account that has been inactive for 12 or more consecutive months. They cannot be used in set of multiples or combined with any other offers.

DISPUTE RESOLUTION
Getloaded is focused on the business of providing a world class freight matching service and we want to make sure that our entire organization is available as much as possible to answer your questions and carry on the day to day operations that make our site, and your business, successful. You, therefore, agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving Getloaded, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chesterfield County, Virginia, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Getloaded may seek any interim or preliminary relief from a court of competent jurisdiction in Chesterfield County, Virginia or Richmond, Virginia necessary to protect the rights or property of you or Getloaded pending the completion of arbitration.

GENERAL PROVISIONS
We want to make sure that the rules governing our relationship are well understood by all parties. In furtherance of this effort, the following general terms govern our relationship, this Agreement and your use of the site: This is the entire Agreement governing the use of the Getloaded site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the Commonwealth of Virginia, without regard to that state's conflict of laws provisions. No waiver of any breach of this Agreement shall be a waiver of a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Getloaded in accordance with applicable law and the remainder of the Agreement shall remain in full force. A registered user shall pay all reasonable costs and attorney fees incurred by Getloaded in enforcing the terms of this Agreement. This Agreement binds and insures to the benefit of each party's permitted successors and assigns and Getloaded may assign its right to payments and assign this Agreement without user's consent. The headings in this Agreement are for convenience only and do not alter the rights and obligations of the parties. The explanatory phrases and terms used in the Agreement are illustrative examples and other reasons may exist justifying and/or explaining the existence of certain terms. The provisions of this Agreement are not for the benefit of any third party.

MILEAGE
Our site displays the mileage of posted loads in two ways:
1. If the broker/shipper supplies us with mileage then we will display the mileage with their loads.
2. If the broker/shipper does not supply mileage then we will calculate the mileage using PC*MILER.

The PC*MILER program is only one of many ways that mileage can be calculated and is not necessarily the actual mileage that the broker/shipper will pay on the particular load. It is meant only to give you an estimate as to the distance between the starting and destination points of the load. Getloaded does not lay any claims to the accuracy of the mileage and in no ways is the broker/shipper bound to it. The broker/shipper has the final say as to the mileage he/she will pay.

CANCELLATIONS
Cancellations must be made in writing via fax or email. Please send your cancellation notice to: (via email) cancel@getloaded.com or (via fax) 804-521-1739.

The date of cancellation will be when it is received by Getloaded and thus ends this agreement. Any Monthly charges paid before cancellation will not be refunded. Getloaded reserves the right to allow accounts, and at its sole discretion itself, to cancel this agreement and discontinue service at any time.

DISCOUNT PROGRAM
The discount program is provided to the members of Getloaded as an added benefit of membership. The service is provided through an agreement with TruckersB2B, Inc. who enrolls members, administers the program, maintains the program, negotiates the discounts, and makes payments of the rebates directly to the members of Getloaded. Terms and details describing payment of rebates can be found under the Conditions found on TruckersB2B.com. Getloaded is not responsible for any discrepancies with rebate payment to a member and will not be held responsible for a member not receiving a rebate check. Getloaded is not responsible for the accuracy of the discount program. Getloaded is not responsible for any additional processing fees that may be applied by TruckersB2B. As membership in the program and utilization by the membership increase, the potential for expansion of the program and deeper discounts exists. Getloaded will make every effort to ensure that the service provides added value to its customers.

TrucksB2B customer service contact information:
TruckersB2B, Inc.
P.O. Box 36737
Indianapolis, IN 46236
1-888-937-6334
TruckersB2B.com



GETLOADED AD CONTENT STANDARDS & GUIDELINES
Getloaded and related web sites utilize the Google ad network to serve banner ads. Outside parties creating ads to run on the Getloaded websites must follow these guidelines for the ads to perform properly on the ad network.

Getloaded follows the IAB Ad Unit Guidelines which are intended for marketers, agencies and media companies for use in the creating, planning, buying and selling of interactive marketing and advertising. These guidelines provide a framework for advertising inventory and web page design.

REQUIRED DIMENSIONS FOR BANNER ADS:
The following are the dimensions required by Getloaded:

Note: All dimensions are in pixels.

Ad Specs

Dimensions

File Size

Format

Animation Length

Homepage & Sub Pages

180 pixels x 150 pixels

40k

jpg, png, gif, swf

:15

Leader Board & Sub Pages

728 pixels x 90 pixels

40k

jpg, png, gif, swf

:15

Full Horizontal & Sub Pages

468 pixels x 60 pixels

40k

jpg, png, gif, swf

:15

 

 

 









CREATIVE REQUIREMENTS:

  • Assets for creative must be submitted in full working order 1 to 2 weeks prior to the event launch. Timing will vary by execution type.
  • Creative must contain clear messaging.
  • Creative must contain a clear/strong call to action.
  • Creative must feature a clearly visible 1 pixel border or a high contrast background color that clearly distinguishes the ad from Getloaded.
  • Creative may not resemble or alter Getloaded Homepage content at any time (i.e. resembling Getloaded buttons).
  • The creative cannot appear to be a cutout with a dotted line.
  • There will be no audio in any ads.
  • There will be no rollover functionality.
  • If animated the ad must remain static after one rotation until the page is reloaded or refreshed.
  • Profanity is prohibited from being used in creative copy or imagery. All content being advertised should be suitable for a mass audience.
  • Ads and/or landing page cannot contain any sexually suggestive or explicit content. All content being advertised should be suitable for a mass audience.
  • Images, logos, fonts must be of high resolution/good quality. Loud, clashing colors, poor resolution images and fonts, intrusive, high-annoyance design elements (e.g. pulsating, flashing, or blinking animation) are not allowed.
  • If a coupon is featured in the creative, the ad cannot link to a page that requires the user to download software before printing the coupon as this is a poor user experience. If downloading software is required to print the coupon, the user must first redirect to the advertiser landing page. The user can then redirect to the site requiring the software download from the advertiser landing page.
  • Creative development may be available - additional production time required. Contact your Getloaded Sales Representative for details.
  • All banner advertising must meet the Getloaded Ad Content Standards and Guidelines. Check with your Getloaded.com Sales Representative for details.
  • All creative is subject to review and approval by Getloaded.

LANDING PAGES:
The offer in the creative must be present above the fold on the initial landing page and must be consistent with the creative messaging.

Landing page(s) must be live for content review 48 hours prior to campaign launch. If the event runs over a weekend or on a Monday, the landing page(s) must be live by 12pm EST the Friday prior to launch.

Landing page(s) must be able to support an estimated 15-20 users per second. Note: This estimation is based on peak traffic & performance; it is NOT an estimation of sustained traffic or activity throughout the campaign. Applies to third-party tracking pages as well.

No pop-ups/pop-unders on the destination URL or triggered from the back button allowed.

ClickTag IMPLEMENTATION:
The clickTAG variable is an industry-standard method of tracking Flash creative clicks; it allows Google to register where an ad was displayed when it was clicked on.

For more information regarding clickTAG implementation visit:

http://www.google.com/support/dfp_sb/bin/answer.py?hl=en&answer=79268

MISCELLANEOUS:
Advertisers must ensure that any advertising that claims to offer items for "free" fully complies with all state and federal guidelines with respect to the use of the term "free" in advertising. Any sign-ups, promotions or special offers must also adhere to these restrictions and guidelines.

Advertisers must ensure that any advertising offering "free" items discloses all material terms and conditions for obtaining the free item (e.g. advertising may not suggest that an item is "free" when receiving the item is in fact conditioned upon signing up for or purchasing the advertiser's good or service, unless that fact is properly disclosed).

If there are any questions regarding these requirements, please contact your Getloaded Sales Representative. We thank you in advance for your business and look forward to working together.