
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.com 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.com, 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.com. 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.com 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.com 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.com 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.com may
forward email messages to you and that you further elect to receive electronic messages without
limitation from Getloaded.com 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.com 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.com.
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.com. I agree that the charges
described above will be billed by Getloaded.com to the credit or charge card that I have provided
to Getloaded.com 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.com 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.com, 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.com strives for accuracy in all elements of the site, it may contain inaccuracies
or typographical errors. Therefore, WE PROVIDE THE GETLOADED.COM 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.com from all damages resulting from claims made against
Getloaded.com relating to both your authorized use and misuse of this site.
DISPUTE RESOLUTION
Getloaded.com 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.com, 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.com 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.com 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.com 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.com 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.com 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.com 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.com 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) support@getloaded.com
or (via fax) 804-744-8394.
The date of cancellation will be when it is received by Getloaded.com and thus
ends this agreement. Any Monthly charges paid before cancellation will not be refunded. Getloaded.com
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.com 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.com. Terms and details describing payment of rebates can be found under the
Conditions found on TruckersB2B.com. Getloaded.com 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.com 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
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