COMFREIGHT, INC. (also referred to herein as "We" and / or "the Company" and/or "Our") provides digital freight invoicing, payment and matching services to the logistics and trucking industry in the United States ("Services"). All persons and entities who use the Services and Our website are hereinafter referred to as "Users" or a "User". All Users of Our Services are subject to the following Terms of Service ("TOS"). By using the Services any User accepts this TOS, and the use of Our website and Services constitutes the User's agreement to be bound by all terms, conditions and notices contained herein. We reserve the right, in Our sole and absolute discretion and without notice to any User, to change, modify, add or remove any portion of these TOS, in whole or in part, at any time. If a User does not agree to the TOS or as hereafter changes, amended or modified then the User shall not access or otherwise utilize Our website. We are here to assist, support and do Our best to meet your needs and service requests from using Our technology and are available to assist a User directly at [email protected] with respect to any additional questions or suggestions regarding this TOS or matters related the site's functionality.
COMFREIGHT, INC. PRIVACY
DESCRIPTION OF SERVICE
The Company currently provides North American-based Users (United States and Canada) with digital freight payment and freight matching services. Users agree that they understand that We have the right under the TOS to send any User information related to the Company's website via email as well as updates and promotional offerings from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new features or properties of the Company, shall be subject to the TOS. Users understand and agree that the Services is provided "As-Is" and "Without all faults" and that the Company assumes no responsibility for the timeliness, deletion, erroneous delivery or failure to store any User communications or personalized settings. Users are responsible for obtaining access to the Services and, in addition, must provide, and are responsible for maintaining, all of the equipment necessary to access the Services. We DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICES INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, IMPLIED WARRANTIES OF FITNESS FOR PURPOSE, MERCHANTABILITY, OR INFRINGEMENT OF ANY KIND OR NATURE AND USERS MAY NOT BRING ANY ACTION, CLAIM OR CAUSE OF ACTION AGAINST THE COMPANY OF ANY KIND OR NATURE UNLESS IT IS AS A RESULT OF THE COMPANY'S WILLFUL MISCONDUCT. IF ANY ACTION, CLAIM OR CAUSE OF ACTION IS BROUGHT AGAINST THE COMPANY, THE COMPANY SHALL NOT BE LIABILE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF ANY COMPLAINED CONDUCT OR CONTRACT OR TORT. If this disclaimer of warranties is not acceptable then User is not allowed to access the website or use the Services. We also do not act as an agent or employee for any other persons or entity and Users acknowledge and agree that We are not acting as an agent and employee of anyone other person or entity unless specifically stated in writing. The disclaimers and statements made in this paragraph are collectively referred to as "the Disclaimers".
USER AND OTHER DATA PROVIDED AS A SERVICE
USER INFORMATION, MILEAGE AND VERIFICATION: USER IS THE ONLY LIABLE PARTY FOR VERIFYING INFORMATION OF OTHER USER(S). The user interface sometimes depicts mileage options in a drop-down box for posting empty space from trailers in order to match them with available partial and full loads that may be local to other drivers / carriers / empty trailers. The distances (calibrated in mileage) between cities, states or zip codes is as accurate as possible but the Company is not responsible for any loss of fuel, time or any other type of expenses due to a lack of understanding of the mileage or other distance data used within the Services and the Disclaimers are applicable. Any mileage representations require the User's to verify such mileage on routes, load dispatches and general routing information on any loads or orders that may be posted or matched through Our website and using the Services. Users are required to verify all information for a Shipper's address, business or billing address, carrier MC#, carrier cargo insurance, billing or credit information and any other information posted or related online by any User of Our website to any other User of Our website. A Shipper as used herein is the person or entity who acquires the goods to be delivered by a Carrier. A Carrier as used herein is the person or entity who carries the goods of another person or entity. A Broker as used herein is someone who provides its services by locating the Carrier for the Shipper and making arrangements with the Carrier for the delivery of the goods to the Shipper. A Broker is further defined in 49 U.S.C. Section 13102. It is not the Company's responsibility and/or duty to, in any way, verify, check, research or clear any User allowed to post on the Company website and use its Services. Users of the Services and the Company's website assume all risk in tendering loads, establishing new business relationships, verifying credit or invoicing of vendors, Shippers, Carriers, Brokers or any users of the website and the Services. Users take it upon themselves to research, verify and check all information posted by any other User on the website before taking action to execute or utilize the services of another User that may have been matched or found through the Company's website. The Company does not endorse or make any claims as to the accuracy of the credit ratings, days-to-pay, licensing, authority and / or insurance information listed by any person on the website and in no way acts as a Broker, Shipper, Carrier, or owner-operator. No person should place reliance on information derived from this website where such reliance may result in loss, damage or injury. ALL USERS OF THIS WEBSITE AND THE SERVICES ARE ENCOURAGED TO PERFORM THEIR OWN CREDIT CHECK AND / OR INSURANCE CHECKS OF USERS ON THE COMFREIGHT WEBSITE. However, if a User identifies erroneous or false information posted to the Website, please contact the Company immediately at [email protected].
NO RESALE OF SERVICE / CONTENT
In order to maintain the best digital and web freight services, We must guard against those Users or persons that may attempt to take advantage of others or who simply do not follow prescribed rules and industry regulations and/or do not comply with the TOS. If a User is submitting content to the Company's website, the User warrants and represents that all such information is accurate, that the User is authorized to submit that 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 but have no duty do so. By transferring information, each User agrees that the Company its affiliates, assigns and successors in interest are granted a license to use, reproduce, display, perform, adapt, modify, distribute, and promote the information in a manner We deem reasonable in Our sole and independent judgment. However, each User agrees not to reproduce, duplicate, copy, sell trade, resell or exploit (for any commercial purposes), any portion of the Services, use of the Services, or access to the Services to any other person or entity.
MODIFICATIONS TO SERVICES
The Company reserves the right at any time (and from time to time) to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice. We may also impose limits or restrictions on certain or all of the Services, features or content or restrict a User's access to parts or Our entire website without notice. Each User agrees that the Company shall not be liable to any User or to any third party for any modification, suspension or discontinuance of the Services or any part of the Services. The Company shall not be held liable to any User or any third party should the Company exercise its right to modify or discontinue the Services in any way or at any time. All Users acknowledge and accept that the Company does not guarantee continued, uninterrupted, or secured access any of its website or mobile applications and the Disclaimers are incorporated herein by reference as if set forth in full.
Users agree that the Company without prior notice may immediately terminate a User's account with the Company and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by a User (self-initiated account termination), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of a User's account with the Company includes (a) removal of access to all offerings within the Services, (b) deletion of a User's password and all related information, files and content associated with or inside an account (or any part thereof), and (c) barring further use of the Services. Further, each User agrees that all terminations for cause shall be made by the Company in its sole discretion and that the Company shall not be liable to any User or any third-party for any termination of a User's account or access to the Services.
THIRD PARTY INTERACTIONS AND LINKS TO OTHER SITES
The Services may contain links to other independent third-party websites ("linked sites"). These linked sites are provided solely as a convenience to Users of the Services. Such linked sites are not under the Company's control, and the Company is not responsible for and does not endorse the content of such linked sites, including any information or materials contained on such linked sites. Users must make their own independent judgment regarding interaction with these linked sites. The Disclaimers set forth above are incorporated herein by this reference as if set forth in full. During use of the Services, a User may enter into correspondence with, purchase goods and / or services from, or participate in promotions of advertisers, affiliates or sponsors depicting their goods and / or services through the website. Any such activity and any terms, conditions, warranties or representations associated with such activity are solely between the User and the applicable third-party. The Company and any of its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between a User and any such third-party. The Company does not endorse any websites on the Internet that are linked through the Services. The Company provides these links to each User only as a matter of convenience, and in no event, shall the Company. or its licensors be responsible for any content, products, or other materials on or available from such sites. The Disclaimers set forth above are incorporated herein by this reference.
The content and software used on this website and the website layout and design are the exclusive property of the Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Users may not copy or retrieve data or other content from this website, either manually or through the use of automatic devices, for the purpose of creating, directly or indirectly, a collection, database, or directory without the express written permission of the Company. User(s) may not reproduce, modify, distribute, transmit, republish, display, rent, sell, license, edit, or create derivative works from any of the content or other material on this website. Each User acknowledges that the Company is an internet-based business and that the Company's Services are available through the internet. To maintain an account with Us, each User will need to be able to access Our website on the internet, which requires appropriate computer equipment, mobile devices, internet access and a website browser as well as an e-mail account. Each User acknowledges and understands that a User may incur certain operational costs in connection with its use of the internet such as monthly fees for a service provider, airtime charges, etc.., for which each User is solely responsible.
The Company maintains an online freight matching and freight consolidation service for use by Carriers, Brokers, agents and Shippers in order to conduct business and communicate with one another. The Company does not handle cash, control Users in any way other than the User agreeing to the TOS, or arrange for the movement of freight. All such arrangements are made by, and between, the Users of the website and the Services and any terms and conditions of such freight movement are solely between the Carrier and the Shipper. No agency, partnership, joint venture, or employee-employer relationship is intended or created by a User's use of this website or by this TOS. If a dispute arises by or between Users, We must be informed within 5 days of the dispute. Users agree not to name the Company as a party in any such legal dispute or action that may arise with other Users. Each User agree to release the Company and its officers, subsidiary / parent companies, employees, attorneys 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. USE OF THE INFORMATION AND DATA CONTAINED ON THIS WEBSITE IS AT A USER'S OWN RISK. The Company makes no representations or warranties with regard to the accuracy of content on its website and assumes no liability or responsibility for inaccuracies, errors, or omissions in such content and all of the Disclaimers set forth above are incorporated by this reference. In addition, the Company accepts no responsibility or liability for any use of the data and / or information or reliance placed upon said data and / or information. The Company also makes no warranties that said data and / or information is free of infection by computer viruses or other contamination. All website Users agree to defend, indemnify and hold COMFREIGHT, INC., and its subsidiaries / parent organizations, affiliates, officers, agents, co-branders, other partners, attorneys, and employees, harmless from any claims, actions causes of action. or demands, including reasonable attorney's fees, made by any third party due to or arising out of content any User submits, posts, transmits or makes available through the Services, any User's use of the Services, a User's connection to the Services, a User's violation of the TOS or violation of any other laws or regulations. Each User agrees that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement. The Company is also not liable to any Carrier, Broker, Shipper or any other third party as a result of incorrect load or truck data provided by any User to any other person or entity.
If a User is a Carrier, User authorizes the Company to pay the Carrier using the payment information submitted by the Carrier on any application a Carrier has submitted to the Company. Any Carrier agrees that the Company is not responsible for any errors in payment to a Carrier if the information is incorrect in the Application submitted to the Company. Carrier further agrees that the Company is not liable for any errors in payment due to the verification or approval process of any Broker or Shipper.
NOTICES / TOS CHANGES
The Company may provide any User with notices, including those regarding changes to the TOS and / or price / product modifications by email, regular mail, or postings to its website. The Company may update the TOS to reflect changes in the Services and customer feedback. If the Company makes changes to any terms or conditions of the TOS, these changes will be posted on Our website and an update will be communicated to current users.
Please report any violations of the TOS to us via [email protected].
ComFreight HaulPay is a product of COMFREIGHT, Inc.
Last Updated 12/30/2019