Welcome to Our web site. By browsing and/or the use of this web site, software, or services provided (referred to as ‘the website’, etc.), You are agreeing to comply with and be bound by the following Terms and Conditions/Terms of Service Agreement.
“You”, “Your”, “User”, and/or “He/She” refers to the individual accessing and using the Site, and if You are accessing and using the Site on behalf of a business entity, then “You” also includes that entity.
“Us”, “We”, and “Our” refers to the owners of this web site being, but not limited to: Truckwin Solutions, Inc.; Computerized Management Systems, Inc.; CarrierNet Group, Inc.; CarrierNet Group Financial, Inc.; and d/b/a GoTruckwin.com, ShipperNet.com, CarrierNet.com, TruckWin32.com, SmarTruck.com, NationalTransportDirectory.com, National Shipper Directory, National Transport Carrier Directory.
“Terms” refers to: “Terms and Conditions” and “Terms of Service Agreement”.
Acceptance of These Terms
These “Terms and Conditions” constitute an agreement between You and Us. YOU ACKNOWLEGE AND AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY, UNDERSTAND EACH OF THEM AND AGREE TO BE BOUND BY ALL OF THEM. If anyone else uses your registration information or account, he/she is also subject to the Terms.
These Terms contain waivers by You, certain rights You have against Us, Our affiliates, and/or their directors and representatives.
Disclaimers, Limitations of Liability
The information offered through Our Site is constantly changing by design and necessity. WE PROVIDE THE SITES 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. 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 YEAR OR B) $720. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to You.
You agree to indemnify, defend, and hold Us harmless, our affiliates, successors, joint ventures, partners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers from and against all losses, expenses, damages, and costs including reasonable attorneys’ fees, resulting from any violation of these Terms (including, but not limited to, negligent or wrongful conduct) by You.
We are focused on the business of providing software where shippers and transport carriers can do business directly and want to make sure that Our entire organization is available to answer Your questions. We want to make Our service and Your business successful. Therefore, You agree that any controversy or claim arising out of or relating to these Terms and/or Your use of the website, except for matters exclusively between registered or authorized users and not involving Us, 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 Minnehaha County, Sioux Falls, SD and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Neither You nor Us may seek any interim or preliminary relief from a court of competent jurisdiction in Minnehaha County, Sioux Falls, SD necessary to protect the rights or property of You or Us pending the completion of arbitration.
Changes to Terms
We continually make changes and updates to improve Our service. You agree that We can make changes in Our sole and independent discretion to this site, post it on the site, and You will abide by the changes and be bound by the Terms. It will be Your responsibility to inspect this agreement for those 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 all of Our Site without notice or liability.
Username and Password
If You learn that an unauthorized person or company has obtained Your login information, please notify Us immediately so it can be changed or You can log in and change Your information.
Everything You read and see on Our Site is copyrighted and owned by Us and is protected by U.S. and international copyright, trademark, and other intellectual property laws. The content on Our Site may not be distributed, copied, displayed, reproduced, or transmitted in any form or manner without “Our” written consent.
Our intellectual property portfolio consists of source code, schemas, file formats, graphics, images, copy, designs, systems, methods, processes, the “look and feel” of our website, and the copyright in and to its original content, systems, methods and processes, as well as logos, trademarks, patents, trade dress, and trade secrets.
We do not represent or endorse the accuracy or reliability of any of the advertisements (collectively), i.e., links, downloads, distributions and other information accessed directly or indirectly from third-party advertisements, nor the quality of any products, information or other materials displayed, purchased or obtained by any consumer, as a result of an advertisement or any other information or offer in connection with the service or products.
Cancellation of Service
Cancellations must be made in writing via fax at: (605) 271-6306 or Email at: [email protected]. The date of cancellation will be when it is received by Us and thus ends this agreement. Any monthly charges paid before cancellation will not be refunded. We reserve the right to allow accounts, and at Our sole discretion, cancel this agreement and discontinue service at any time.
The software should be used appropriately and not misused. Any use of the software that causes service charges, slowness, unavailability or any issues will make You liable for Our expenses and Our loss of income.
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, these Terms and Your use of the website. 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 State of South Dakota, without regard to that state’s provision for conflict of laws. No waiver of any breach of this Agreement shall be 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, Our original intention in accordance with applicable law, and the remainder of the Agreement shall remain in full force. A User shall pay all reasonable costs and attorney fees incurred by Us in enforcing the terms of this Agreement. This Agreement binds and ensures to the benefit of each party’s permitted successors and assigns, and We may assign its right to payments and assign this Agreement without subscriber’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.