Terms of Service
These Terms of Service govern your access to and use of 123Loadboard's website, mobile apps, APIs, and load board services.
The policies that govern our load board service.
Last updated on December 30th, 2016.
Welcome to the 123Loadboard website (“Site”) provided to you by 123Loadboard. The Site and any related services, modules, functions, software or platforms (collectively, “Services”) were created in order to provide you a much easier way to find loads and move more freight. These 123Loadboard Terms of Service (“TOS”) constitute a set of rules by which we operate such Services.
ACCEPTANCE OF TERMS
123Loadboard provides its service to you, subject to the following Terms of Service (“TOS”). Your use of the Website, Mobile Apps, APIs or other services 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 BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES. You should read through all the Terms carefully as they constitute a legally binding agreement between you and us.
DESCRIPTION OF SERVICE
123Loadboard currently provides North American (USA and 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, such as service announcements, administrative messages, and that these communications are considered part of 123Loadboard 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 properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that 123Loadboard assumes no responsibility for the timeliness, deletion, misdelivery 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.
MOBILE APPLICATION (APP)
Using our mobile application for iOS, 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 owner-operator, carrier, shipper, freight broker, 3PL, freight forwarder or trucking industry consultant;
3. Subscriber’s access to 123Loadboard is for commercial purposes only and is limited to finding loads and/or trucks through the use of our freight matching service and/or taking advantage of the other services offered on 123Loadboard;
4. Subscriber’s commercial purpose in accessing and using 123Loadboard is not to directly or indirectly compete with or gain competitive advantage in relation to 123Loadboard;
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;
6. When submitting content to the 123Loadboard’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 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 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.
123Loadboard 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 (USD).
Available payable service plan price options include:
– Standard Plan: $35/month, recurring monthly;
– Premium Plan: $45/month, recurring monthly;
– Premium Plus Plan: $55/month, recurring monthly;
– Mobile App: Free to download and install. Limited access for guest users.
Your 123Loadboard 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. 123Loadboard does not issue refunds.
YEARLY MEMBERSHIP PLAN EARLY TERMINATION
123Loadboard charges an early termination fee for yearly membership plan holders that unsubscribe prematurely. The termination fee is equal to your monthly membership rate for every month remaining in your membership term to a maximum fee $450.
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 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 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 offers all members in their trial period to extend their trial membership for an EXTRA TEN ( 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; or
3. Member’s account has already unsubscribed 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 PAYMENT METHODS
We accept all major credit cards: VISA, MasterCard, AMEX and Discover.
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 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, an ACH or EFT debit will be drawn on your account. Your agreement with these TOS is your approval for 123Loadboard to issue an ACH or EFT debit to your account.
AUTOMATIC RECURRING PAYMENT
123Loadboard 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 will assess an NSF charge of USD $65.00 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 directly 24 hours prior to the end of the trial offer period in order to unsubscribe from automatic renewal. All trial offer memberships shall renew at the stated membership rate. Unless and until this agreement is ended in accordance with the terms hereof, subscriber hereby authorizes 123Loadboard 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 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 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 AND OTHER CREDIT INFORMATION
As an added benefit option for premium plan members, 123Loadboard displays credit ratings, days-to-pay and credit reports on all postings where available. The credit information is provided by Thunder Funding and TransCredit. The Thunder Funding credit rating ranges from A-F, and TransCredit from 0-100 and gives 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, Thunder Funding, TransCredit, 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 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 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 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
123Loadboard offers all users to unsubscribe from the service at any time, with no hassles. Members that wish to unsubscribe from our services must use the unsubscribe assistant. The date the user unsubscribes from our services will be the date when the request is received by 123Loadboard. Any fees paid before user is unsubscribed will not be refunded.
NORTH AMERICAN CORPORATE OFFICES
1321 Upland Drive, Suite 1120, Houston, TX, 77043, USA
710-485 McGill Street, Montreal, QC, H2Y 2H4, Canada
2501 Rutherford Rd., Unit 42-43, Vaughan, ON, L4K 2N6, Canada
COMPLAINT HANDLING PROCEDURES
If a problem is attributed to a service provided by 123Loadboard, our objective is to resolve the problem promptly, equitably and amicably. All complaints must be sent by email to email@example.com. 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 may, under certain circumstances and without prior notice, immediately terminate your 123Loadboard account and access to the Service. Cause for such termination shall include, but not be limited to:
1. Breaches or violations of the TOS or other incorporated agreements or guidelines;
2. Requests by law enforcement or other government agencies;
3. A request by you (self-initiated account deletions);
4. Discontinuance or material modification to the Service (or any part thereof);
5. Unexpected technical or security issues or problems; and
6. Extended periods of inactivity.
Termination of your 123Loadboard account includes:
1. Removal of access to all offerings within the Service;
2. Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); and
3. Barring further use of the Service. Further, you agree that all terminations for cause shall be made in 123Loadboard’s sole discretion and that 123Loadboard 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’s control, and 123Loadboard 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 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 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, 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 judgment.
ELECTRONIC COMMUNICATIONS & TECHNOLOGY
The content and software used on this Website and the Website layout and design are the exclusive property of 123Loadboard 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. Subscribers may not use meta tags or other hidden text utilizing the 123Loadboard 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, 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 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 load board 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 load board service.
All members acknowledge and accept that 123Loadboard does not guarantee continued, uninterrupted, or secured access to the load board 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 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 maintains an online freight matching service for use by carriers and shippers in order to communicate and do business with each other. 123Loadboard 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, 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 AND MOBILE APPLICATIONS (APP) IS AT YOUR OWN RISK
123Loadboard does not give any applicable warranty or guarantee. While 123Loadboard makes reasonable efforts to post accurate and timely information, we make no representations or warranties of the accuracy of content on the Site and mobile application and assume 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 specifically disclaims the implied warranties of title, fitness for a particular purpose, merchantability, and non-infringement. In no event shall 123Loadboard 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 accepts no responsibility or liability for any use of the data and/or information or reliance placed upon said data and/or information. 123Loadboard makes no warranties that said data and/or information is free of infection by computer viruses or other contamination. 123Loadboard 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, 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 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, 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 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 pending the completion of arbitration.
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 and govern your use of the Service, superseding any prior agreements (oral, written, or electronic) between you and 123Loadboard. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other 123Loadboard services, affiliate services, third-party content or third-party software. The failure of 123Loadboard 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 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 Website and mobile applications (App), 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 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 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 may update the Terms of Service to reflect changes in our services and customer feedback. If 123Loadboard 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 logo and trademarks and service marks and other 123Loadboard logos and product and service names are trademarks of 123Loadboard (the “123Loadboard Marks”). Without 123Loadboard’s prior permission, you agree not to display or use in any manner, the 123Loadboard Marks.
Please report any violations of the TOS to us by email.
QUESTIONS AND SUGGESTIONS
123Loadboard welcomes your questions, comments, and suggestions about this TOS Agreement via email. 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.