NoBrokerFreight.com TERMS OF USE

Please review these Terms and Conditions of Service ("Terms and Conditions") carefully before registering with NoBrokerFreight.com. These Terms and Conditions apply to and govern the Site and services offered on the Site. Your use of the Site constitutes your agreement to be bound by all terms, conditions, and notices contained herein and as they may change, from time to time.

"You" refers to the individual 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 NoBrokerFreight.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.

ACCEPTANCE OF THESE TERMS

These "Terms and Conditions" constitute an agreement between you and NoBrokerFreight.com. 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 once, you agree that you will be bound by them each and every time you use our Site or otherwise interact with us online. If you do not agree to these Terms and Conditions, you may not access or otherwise use our Site.

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 to these Terms and Conditions will be posted on our Site. Your continued use of our Site after such changes are posted will constitute your agreement to such changed Terms and Conditions. Please check the Terms and Conditions periodically for changes.

CHANGES TO SERVICE

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

FEES

Direct Shippers are permitted to post their own loads to the NoBrokerFreight.com load board FREE of charge and absolutely free of Broker fees.

Owner Operators / Truck Drivers registering with us, agree to pay us all subscription, service and use fees, if any, that we charge as disclosed on our Site or otherwise by us. All fees must be paid in U.S. dollars.

Addendum 1) we promise to do our best to keep Freight brokers and Truck Broker Houses from entering our site, thus keeping our direct customers the "shippers" from paying unnecessary Broker Fees. We do ask that if a shipper should find a Broker who has, deceived us and slipped on to our site, to notify us right away so we can remove them.

A) Load Posting Brokers, Freight Forwarders and agents: Currently because Brokers do not increase the cost of shipping for our direct customers we are allowing them to post their loads to the NoBrokerFreight.com load board to fill in the gaps for truck drivers and reduce carbon emissions, we feel it is the right thing to do for everyone. NoBrokerFreight.com reserves the right to change our policy on allowing Brokers to post on the board at any time.

B) Trucking / Carrier Broker Houses that do not own their own trucks are not permitted on this site. If a Trucking / Carrier Broker misrepresents information to gain access to the NoBrokerFreight.com load board they will be removed at their cost. A minimum of $500.00 removal fee will be charged to the offending entities' or person's Credit Card used to register to the site.

NoBrokerFreight.com reserves the right to change our fee policy at any time.

REFUND POLICY

Customers can cancel their membership at any time. We do not pro-rate for partial usage during a billing cycle. If a Customer pays for a month they will have usage for the balance of that month or until the expiration date the next month. Because No Broker Freight uses 100% of the Carriers 1st month's membership fee for marketing on behalf of all members, we cannot refund payments made on the 1st month's membership.

APPROPRIATE USE

By registering with NoBrokerFreight.com, you represent, warrant and covenant that (1) you are at least 21 years of age; (2) you are a (i) bona fide carrier ("Carrier") with a Motor Carrier (MC) number, (ii) you are a bona fide shipper paying a Carrier for freight services, or (iii) you are a bona fide freight broker, freight agent, freight intermediary, freight counselor, or third party engaging a shipper for the purpose of moving freight on the shipper's behalf (each, a "Broker"); (3) if you are a Broker, you will sign up as a Freight Broker/Freight Agent under the Account Signup page; furthermore, if you are a Broker, you will not contact Carriers by means of this Site, or otherwise, for the purpose of moving freight by truck via our freight-matching service and/or taking commercial advantage of the other services offered on our Site; (4) your access of the Site is for commercial purposes and is limited to moving freight by truck via our freight-matching service and/or taking commercial advantage of the other services offered on our Site; (5) your commercial purpose in accessing and using this Site is not to directly compete or gain competitive advantage in relation to NoBrokerFreight.com; (6) you will not permit non-registered users to use the Site without the express permission of NoBrokerFreight.com; and (7) you will not disclose your NoBrokerFreight.com password or provide access to your NoBrokerFreight.com account to non-registered users without the express permission of NoBrokerFreight.com.

By violating these warranties, you risk having your account terminated by NoBrokerFreight.com without warning, 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. To the extent we may have to sue you to enforce any of these Terms and Conditions, or other federal and state law violations committed by you while accessing or using this Site, you expressly agree to bear the costs of that enforcement, including without limitation, all related attorneys' fees.

PROPRIETARY RIGHTS

The content and software used on this Site and the Site layout and design are the sole and exclusive property of NoBrokerFreight.com. Content and other material on this Site is protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You may use the material on our Site only for personal or commercial use as described in these Terms and Conditions. Unless expressly authorized by NoBrokerFreight.com, 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 this Site. You may not copy or retrieve data or other content from this Site - 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 NoBrokerFreight.com. You may not use meta tags or other hidden text utilizing NoBrokerFreight.com's name or trademarks, nor may you use framing techniques to enclose any portion of the NoBrokerFreight.com Site, without NoBrokerFreight.com's express, written permission.

SUBMISSION OF CONTENT TO THE SITE

By submitting content to this Site, you:

  1. Grant NoBrokerFreight.com and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, and promote the content on this Site in any form for any purpose;
  2. Warrant and represent that the content is accurate, and that the posting and use of your content by NoBrokerFreight.com will not infringe or violate the rights of any third party; and
  3. 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.

PRIVACY POLICY

No Broker Freight does not now and will never sell and/or trade any of our customer's information to 3rd parties. However, we will from time to time email and/or fax you information from companies on their behalf that offer services that we feel could help your business.

Information that is collected that is deemed to be confidential (credit card numbers and associated card data, social security numbers, tax identification numbers) will also be collected using secure socket layer (SSL) protocol, which encrypts data sent from your browser to our servers. This data is then also encrypted in our databases, and only accessible by authorized staff within the No Broker Freight organization.

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.

THIRD-PARTY SITES

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

CONSENT TO ELECTRONIC COMMUNICATIONS

You acknowledge that NoBrokerFreight.com is an Internet-based business and that our services are available through the Internet. You agree to receive documentation and information provided by us and our affiliates primarily through our Site and through e-mail provided to you via the Internet. Any information we provide to you by telephone, 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.

CONFIDENTIAL OR CONTRACTUALLY IMPLIED RELATIONSHIP EXISTS WITH NOBROKERFREIGHT.COM

You acknowledge that by registering with us, submitting information to us for posting or any other purposes 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.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

NoBrokerFreight.com facilitates the movement of freight by maintaining an online freight-matching service for use by carriers and shippers, but NoBrokerFreight.com does not arrange for the movement of freight. All such arrangements are made by the users of the Site, and any terms and conditions of such freight movement are solely between the carrier and the shipper. No agency, partnership, joint venture, employee-employer, or franchisee-franchisor relationship is intended or created by your use of this Site or by these Terms of Service.

Your use of this Site is at your own risk. While NoBrokerFreight.com makes reasonable efforts to post accurate and timely information, NoBrokerFreight.com makes no representations or warranties of the accuracy of content on the Site and assumes no liability or responsibility for inaccuracies, errors, or omissions in such content.

Neither NoBrokerFreight.com nor any other party involved in the creation, distribution, or display of the Site 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, this Site, even to 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 ARE DELIVERED "AS IS" AND "AS AVALIABLE", 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.

NoBrokerFreight.com does not warrant that this 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.

USER'S INDEMNIFICATION

You agree to defend, indemnify, and hold harmless NoBrokerFreight.com and its 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 this Site, your breach of these Terms of Service, or your violation of any law or the rights of a third party.

GOVERNING LAW

These Terms of Service shall be governed by and construed under the laws of the State of Ohio without regard to that state's conflicts of law rules. By registering with and using the NoBrokerFreight.com Site, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the NoBrokerFreight.com Site is under state or federal courts located in the State of Ohio 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.

SEVERABILITY AND INTEGRATION

These Terms of Service constitute the entire agreement between you and NoBrokerFreight.com with respect to this Site and supersede any prior or contemporaneous communication (whether oral, written, or electronic) between you and NoBrokerFreight.com with respect to this Site. If any part of these Terms of Service 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.

OUR RIGHT TO TERMINATE ACCOUNT

NoBrokerFreight.com reserves the right to terminate your account and access to all or part of this 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 or (2) unauthorized use of your user name(s) or password(s) or account(s).