Terms Of Service
Welcome to 123Loadboard.com!
ACCEPTANCE OF TERMS
123Loadboard.com™ provides its service to you, subject to the following Terms
of Service ("TOS"). Your use of the Website constitutes your agreement
to be bound by all terms, conditions and notices contained herein. We reserve the
right, in our sole discretion and with or without notice, to change, modify, add
or remove any portion of these TOS, in whole or in part, at any time. If you do
not agree to these TOS, you may not access or otherwise use our Website.
Registration data and certain other information about you is subject to our Privacy
DESCRIPTION OF SERVICE
123Loadboard.com™ currently provides USA & CANADA users with an online
freight matching service which allows users to post and search for available loads
and trucks and use any other freely offered services integrated within our Website
(the "Service"). You also understand and agree that the service may include
certain communications from 123Loadboard.com™, such as service announcements,
and administrative messages, and that these communications are considered part of
123Loadboard.com™ membership and you will not be able to opt out of receiving
them. Unless explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new 123Loadboard.com™ properties,
shall be subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that 123Loadboard.com™ assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings. You are responsible for obtaining access to the Service
and that access may involve third party fees (such as Internet service provider
or airtime charges). In addition, you must provide and are responsible for all equipment
necessary to access the Service.
Using our mobile application for iPhone, iPad, Android or other devices while driving a truck or motor vehicle can cause serious injury, death, or property damage to you or others. DO NOT use our mobile application unless your vehicle is stationary and parked. You assume all risks and responsibilities.
(1) Subscriber is of the age of majority (18);
(2) Subscriber is or represents a bona fide carrier, shipper, freight broker or
trucking industry consultant;
(3) Subscriber’s access to 123Loadboard.com™ is for commercial purposes
only and is limited to finding loads or trucks through the use of our freight matching
service and/or taking advantage of the other services offered on 123Loadboard.com™;
(4) Subscriber’s commercial purpose in accessing and using 123Loadboard.com™
is not to directly or indirectly compete with or gain competitive advantage in relation
(5) Subscriber will not allow non-registered users to use subscriber’s password
and/or username to access subscriber’s account without the express written
consent of 123Loadboard.com™;
(6) When submitting content to the 123Loadboard.com™'s Website, subscriber
warrants and represents that the information is accurate, that subscriber is authorized
to submit the information and that the information content, format and delivery
method are appropriate.
Should user violate any provisions for subscriber qualification, 123Loadboard.com™
may terminate the subscriber’s account without notice or warning, in addition
to being subjected to any and all other legal remedies that may be available under
these TOS, including but not limited to civil and/or criminal actions under state/provincial
and/or federal law. Should 123Loadboard.com™ be forced to institute legal
action against subscriber to enforce these TOS or for any other violations of state
and/or federal law not specifically enunciated herein, subscriber expressly agrees
to bear any and all costs associated with such action, including but not limited
to actual attorney fees incurred by 123Loadboard.com™.
123Loadboard.com™ is a fee-based subscription Website. All service and use
fees are payable in advance and subscription renewal fees are automatically charged
to subscriber’s credit card without prior notification. All membership trial
subscriptions are automatically billed at expiration, recurring monthly. Please
note that our billing processing company pre-authorizes ALL transactions to validate
the user who is signing up for a free trial. All membership account upgrades are
charged immediately. All fees listed on our Website are in United States Dollars
Available payable service plan price options include:
a) Standard Internet Freight Matching Service Plan: US$35/month, recurring monthly;
b) Premium Internet Freight Matching Service Plan: US$45/month, recurring monthly.
Your 123Loadboard.com™ membership commences immediately after your credit
card is charged or bank account debited. Service purchases will appear on your credit
card and/or bank statements under the name 123Loadboard.com™. 123Loadboard.com™
does not issue refunds.
YEARLY MEMBERSHIP PLAN EARLY TERMINATION
123Loadboard.com™ charges an early termination fee for yearly membership plan
holders that cancel prematurely. The termination fee is equal to $45 per month for every
month remaining in your membership term to a maximum fee $360.
CREDIT CARD INTERNATIONAL/FOREIGN TRANSACTION FEE
All membership service fees/charges are in USD currency or as otherwise stated and
therefore might accompany a Credit Card International/Foreign Transaction Fee of
approximately 1% (depending on your financial institution). 123Loadboard does not
cover or issue refunds for Credit Card International/Foreign Transaction Fees. 123Loadboard.com™
does not issue refunds for overdraft fees.
CURRENCY EXCHANGE RATE & FLUCTUATIONS
All membership service fees/charges are in USD currency or as otherwise stated and
therefore if converted into another currency by your financial institution, currency
exchange rate fluctuations might occur. 123Loadboard does not cover or issue refunds
for currency exchange rate fluctuations.
FREE TRIAL MEMBERSHIP ABUSE
123Loadboard.com™ actively monitors username and password usage and reserves
the right to terminate a user's free trial membership immediately and without notice
if trial membership abuse is detected. Trial membership abuse is defined as a user
successfully registering for a free trial after having already received a free trial
period membership. Trial membership abuse fees to be levied, without prior notice,
are based on the amount of abuse that has been detected on a user's account. Please
contact our Member Services Department by email or phone if you wish to be issued
a consecutive free trial period.
FREE TRIAL EXTENSION
123Loadboard.com™ offers all members in their trial period to extend their
trial membership for an EXTRA 10 DAYS from date of trial extension request. Members
MUST still be in their trial period and the trial extension MUST be their first
trial extension request.
Reasons for Trial Extension Declines
1/ Member is no longer in their trial period and have requested an extension; or
2/ Member or someone else using their account has already received a trial extension;
3/ Member's account has already been cancelled and therefore a trial extension is
not possible. If you want to re-activate your membership, please log into your account
and follow the easy steps to re-submit your billing information.
ACCEPTED ONLINE PAYMENT METHODS
We accept: VISA, MasterCard, AMEX, Discover, Check, Pre-Authorized Debit and money-orders.
AUTOMATIC DEBIT - ELECTRONIC RECEIPT
Subscribers will receive an email receipt to their email address provided upon initial
trial subscription activation.
AUTOMATIC RECURRING CHECK BILLING
123Loadboard.com™ will appear on your bank statement for all charges made
after your trial period expires. If you elect to use your bank account to purchase
a subscription to 123Loadboard.com™, an ACH or EFT debit will be drawn on
your account. Your agreement with these TOS is your approval for 123Loadboard.com™
to issue an ACH or EFT debit to your account.
AUTOMATIC RECURRING PAYMENT
123Loadboard.com™ has periodic subscription fees that are defined by the service
plan chosen at the time of the initial enrollment for subscription. The member is
responsible for such fees according to the terms of the site. After a member’s
trial period has expired, charged subscription fees become non-refundable.
ACH TRANSACTIONS RETURNED FOR NON-SUFFICIENT FUNDS
123Loadboard.com™ will assess a NSF charge of USD $35.00 against your bank
account should there be insufficient funds in the account at the time a membership
fee payment occurs. No other loadboard services will be provided until the NSF charge
has been paid.
AUTOMATIC RECURRING BILLING
Subscription fees will be automatically renewed at the end of the original term
selected, for a similar period of time, unless notice is received from the subscriber
three (3) days before renewal. All trial account members shall be exempt from the
3-day notification requirement, but subscriber must notify 123Loadboard.com™
directly 24 hours prior to the end of the trial offer period in order to cancel
automatic renewal. All trial offer memberships shall renew at the stated membership
rate. Unless and until this agreement is cancelled in accordance with the terms
hereof, subscriber hereby authorizes 123Loadboard.com™ to charge subscriber's
chosen payment method to pay for the ongoing cost of membership.
MERCHANT'S BUSINESS NAME
As an added benefit option for members, 123Loadboard.com™ displays the mileage
of posted loads. It is meant only to give users an estimate as to the distance between
the starting and destination points of the load. 123Loadboard.com™ does not
lay any claims to the accuracy of the mileage and in no way is the broker/shipper/carrier/trucker
bound to it. The broker/shipper/carrier/trucker has the final say as to the mileage
he/she will pay for.
CREDIT RATINGS, DAYS-TO-PAY & CREDIT REPORTS
As an added benefit option for premium plan members, 123Loadboard.com™
displays credit ratings, days-to-pay and credit reports on all postings where available.
The credit information is provided by eCapital LLC. The credit ratings range
from 0 to 4 stars (Ratings: 0 stars, 1 star, 2 stars, 3 stars, 4 stars) and give
a quick assessment of a company's credit risk. Factors such as payment trends, years
in business, average credit lines, account longevity, and collection activity, are
each weighed according to their importance. While every effort has been made to
ensure that the information contained on this site is correct and up-to-date at
the time of posting, 123Loadboard.com, eCapital.com, its partners, affiliates
and/or subsidiaries shall not be liable for any damages of any kind resulting from
use of the information contained herein. 123Loadboard.com does not lay any claims
to the accuracy of the credit ratings, days-to-pay, licensing, authority and/or
insurance information listed and in no way is the broker, shipper, carrier, owner-operator
bound to it. No person should place reliance on information derived from this website
where such reliance may result in loss, damage or injury. You may choose to make
additional credit checks. If you feel that the information posted contains errors,
please contact us.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
MODIFICATIONS TO SERVICE
123Loadboard.com™ reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. We may also impose limits or restrictions on certain services,
features or content or restrict your access to parts or all of our Site without
notice. You agree that 123Loadboard.com™ shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the Service.
123Loadboard.com™ offers all users to cancel and discontinue the service at
any time, with no hassles. Cancellations must be made using the cancellation assistant.
The cancellation date will be the date when the cancellation is received by
123Loadboard.com™. Any fees paid before cancellation will not be refunded.
Billing Department Customer Service Contact Information
1321 Upland Drive, Suite 1120, Houston, TX , 77043, USA
243-1100 des Canadiens-de-Montreal, Montreal, QC, H3B 2S2, Canada
676 Westburne Dr., Unit 3, Concord, ON, L4K 4V5, Canada
COMPLAINT HANDLING PROCEDURES
If a problem is attributed to a service provided by 123Loadboard.com™, our
objective is to resolve the problem promptly, equitably and amicably. All complaints
must be sent by email using our Contact Form. Please include your name, subscription
information, and complete description of your complaint. We strive to respond to
all inquiries within 24 hours.
You agree that 123Loadboard.com™ may, under certain circumstances and without
prior notice, immediately terminate your 123Loadboard.com™ account and access
to the Service. Cause for such termination shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) unexpected technical or security issues
or problems, and (f) extended periods of inactivity. Termination of your 123Loadboard.com™
account includes (a) removal of access to all offerings within the Service, (b)
deletion of your password and all related information, files and content associated
with or inside your account (or any part thereof), and (c) barring further use of
the Service. Further, you agree that all terminations for cause shall be made in
123Loadboard.com™'s sole discretion and that 123Loadboard.com™ shall
not be liable to you or any third-party for any termination of your account or access
to the Service.
THIRD PARTY INTERACTIONS AND LINKS TO OTHER SITES
This Service may contain links to other independent third-party Web sites ("Linked
Sites"). These Linked Sites are provided solely as a convenience to users of
the Service. Such Linked Sites are not under 123Loadboard.com™'s control,
and 123Loadboard.com™ is not responsible for and does not endorse the content
of such Linked Sites, including any information or materials contained on such Linked
Sites. You will need to make your own independent judgment regarding your interaction
with these Linked Sites.
During use of the Service, you may enter into correspondence with, purchase goods
and/or services from, or participate in promotions of advertisers, affiliates or
sponsors showing their goods and/or services through the Service. Any such activity,
and any terms, conditions, warranties or representations associated with such activity,
is solely between you and the applicable third-party. 123Loadboard and its licensors
shall have no liability, obligation or responsibility for any such correspondence,
purchase or promotion between you and any such third-party. 123Loadboard does not
endorse any sites on the Internet that are linked through the Service. 123Loadboard.com™
provides these links to you only as a matter of convenience, and in no event shall
123Loadboard or its licensors be responsible for any content, products, or other
materials on or available from such sites. 123Loadboard.com™ provides the
Service to you pursuant to the terms and conditions of this Agreement.
In order to maintain a leading Online Freight Matching Service, we must guard against
those that may attempt to take advantage of others or who simply do not follow the
rules. 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 123Loadboard.com™, its affiliates, and assigns
are licensed to use, reproduce, display, perform, adapt, modify, distribute, and
promote the information in a manner we deem reasonable in our sole and independent
ELECTRONIC COMMUNICATIONS & TECHNOLOGY
The content and software used on this Website and the Website layout and design
are the exclusive property of 123Loadboard.com™ 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 123Loadboard.com™. Subscribers may not use meta tags
or other hidden text utilizing the 123Loadboard.com™ name or trademarks, nor
may subscriber use framing techniques to enclose any portion of the Website, without
express written permission. Unless expressly authorized in writing by 123Loadboard.com™,
subscriber 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.
You acknowledge that 123Loadboard.com™ is an Internet-based business and that
our Service is available through the Internet. To maintain an account with us, you
will need to be able to access our Website on the internet, which requires appropriate
computer equipment, internet access, a Website browser, as well as an e-mail account.
You acknowledge 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, airtime
charges, etc, for which you are solely responsible.
INTERRUPTION AND MODIFICATION TO SERVICE
123Loadboard always strives for continuous service uptime, however reserves the
right to modify or discontinue the loadboard service with or without notice. 123Loadboard
shall not be held liable to any member or any third party should 123Loadboard exercise
its right to modify or discontinue the loadboard service.
All members acknowledge and accept that 123Loadboard does not guarantee continued,
uninterrupted, or secured access to the loadboard service.
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You further
acknowledge and agree that content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by 123Loadboard.com™ or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
123Loadboard.com™ maintains an online freight matching service for use by
carriers and shippers in order to communicate and do business with each other. 123Loadboard.com™
does not handle the cash, control the users in any way, or arrange for the movement
of freight. All such arrangements are made by the users of the Website, 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 your use of this Website or by these TOS. 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 Website. Please keep in mind that we are
simply a middleman 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 release 123Loadboard.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.
USE OF THE INFORMATION AND DATA CONTAINED ON THIS WEBSITE IS AT YOUR OWN RISK. 123Loadboard.com™
does not give any applicable warranty or guarantee. While 123Loadboard.com™
makes reasonable efforts to post accurate and timely information, we make 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. The information
and data on this site is provided on an "as is" and "as available"
basis without warranty or condition of any kind or nature, either express or implied.
123Loadboard.com™ specifically disclaims the implied warranties of title,
fitness for a particular purpose, merchantability and non-infringement. In no event
shall 123Loadboard.com™ be liable for lost profits or any special, incidental
or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information or data) however arising, including negligence, arising out of or
in connection with this agreement and/or subscriber’s use of the Website.
123Loadboard.com™ accepts no responsibility or liability for any use of the
data and/or information or reliance placed upon said data and/or information. 123Loadboard.com™
makes no warranties that said data and/or information is free of infection by computer
viruses or other contamination. 123Loadboard.com™ does not endorse or in any
respect warrant any third party products or services by virtue of any information,
material or content referred to or included on, or linked from or to this Website. 123Loadboard's aggregate liability with respect to its obligations under this agreement or otherwise with respect to the service or otherwise shall not exceed the amount of the fee paid by you for the services in the month when the obligation occurred.
Some states do not allow the limitation of liability, so the foregoing limitation
may not apply to you. All Website users agree to indemnify and hold 123Loadboard.com™,
and its subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation of any rights of another.
Disputes between you and 123Loadboard.com™ regarding our services should be
reported by e-mail. Users agree that any and all controversies or
claims arising out of or relating to these TOS and/or subscriber’s use of
the Website, except matters exclusively between authorized users and not involving
123Loadboard.com™, 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 shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall be conducted in Quebec,
Canada, and judgment on the arbitration award may be entered in any court of competent
jurisdiction. Either user or 123Loadboard.com™ may seek any interim or preliminary
relief from a court of competent jurisdiction in Quebec, Canada, necessary to protect
the rights or property of user or 123Loadboard.com™ pending the completion
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this Agreement.
The TOS constitute the entire agreement between you and 123Loadboard.com™
and govern your use of the Service, superceding any prior agreements (oral, written,
or electronic) between you and 123Loadboard.com™. You also may be subject
to additional terms and conditions that may apply when you use or purchase certain
other 123Loadboard.com™ services, affiliate services, third-party content
or third-party software. The failure of 123Loadboard.com™ to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You acknowledge that by registering
with us, submitting information to us for posting or any other purposes or using
the Website and our Service, no fiduciary, confidential, contractually implied or
other relationship is created between you and us other than the express contractual
relationship set forth in these TOS. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The section titles in the TOS are for
convenience only and have no legal or contractual effect.
We reserve the right to assign our rights and obligations under these TOS 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 TOS without our express written consent.
These TOS will inure to the benefit of, be binding upon, and be enforceable by our
successors and assigns.
123Loadboard.com™ is officially registered and located in the Province of
Quebec, Canada. Therefore, these TOS shall be governed by and construed under the
laws of the Province of Quebec (Canada) without regard to its conflict of law provisions.
By registering with and using the 123Loadboard.com™ 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 123Loadboard.com™ Website is under
Provincial or federal courts located in the Province of Quebec (Canada) 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.
123Loadboard.com™ may provide you with notices, including those regarding
changes to the TOS, by either email, regular mail, or postings on the Service.
CHANGES TO THE TERMS
123Loadboard.com™ may update the Terms of Service to reflect changes in our
services and customer feedback. If 123Loadboard.com™ makes changes to any
terms or conditions of the Terms of Service, these changes will be posted on our
websites in a timely manner.
The 123Loadboard.com™ logo and trademarks and service marks and other 123Loadboard.com™
logos and product and service names are trademarks of 123Loadboard.com™ (the
"123Loadboard.com™ Marks"). Without 123Loadboard.com™'s prior
permission, you agree not to display or use in any manner, the 123Loadboard.com™
Please report any violations of the TOS to us by e-mail.
QUESTIONS AND SUGGESTIONS
123Loadboard.com™ welcomes your questions,
comments, and suggestions about this TOS Agreement via e-mail. We value your feedback and realize
that your thoughts and ideas are often some of the best we receive. You can also
write to us in care of 123Loadboard.com, 1321 Upland Drive, Suite 1120, Houston, TX , 77043, USA Attn: Legal Team.