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1. -General provisions
2. -Limitations of Use
3. -Privacy
4. -Disclaimer of Warranties
5. -Exclusion of Liability
6. -Third Party Disclaimer
7. -Copyright
8. -Export Control
9. -User To User Agreement
10. -Monthly Charges
11. -Your Account and Password
12. -Cancellation Policy
13. -Advertising Terms of Service and Agreement
14. -Link Exchange Agreement
15. -Law and Jurisdiction
This website is provided by ONLINEDRAYAGE.COM, LLC (collectively referred to as "ONLINEDRAYAGE.COM"). ONLINEDRAYAGE.COM is a LLC licensed and operating in the state of Florida. You Agree to These Terms by Using this Site, Your access to, and use of this Website (collectively referred to as the "Site") is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and ONLINEDRAYAGE.COM are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the site immediately, not use the files herein, and/or not subscribe to this service.
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The information and materials on this website are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing ONLINEDRAYAGE.COM services and products, or for your personal use of any tools and downloads available on this site. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this website for any commercial, non-commercial or any other purpose not outlined in this agreement.
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Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by ONLINEDRAYAGE.COM in accordance with the ONLINEDRAYAGE.COM Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.
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ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, ONLINEDRAYAGE.COM neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, ONLINEDRAYAGE.COM may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, ONLINEDRAYAGE.COM is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.
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YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER ONLINEDRAYAGE.COM NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100).Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you. ONLINEDRAYAGE.COM also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or you’re downloading of any materials, data, text, images, video, or audio from the Site.
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ONLINEDRAYAGE.COM may provide hyperlinks to third party websites or other resources solely for your convenience. ONLINEDRAYAGE.COM has not reviewed all of the sites linked to the Site and does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, ONLINEDRAYAGE.COM specifically disclaims any responsibility if such sites:
- infringe any third party's intellectual property rights;
- are inaccurate, incomplete or misleading;
- are not merchantable or fit for a particular purpose;
- do not provide adequate security;
- contain viruses or other items of a destructive nature; or
- are libelous or defamatory.
Neither does ONLINEDRAYAGE.COM endorse the content, or any products or services available, on such sites. If you visit such sites or establish a link to such sites or the Site, you do so at your own risk and without the permission of ONLINEDRAYAGE.COM.
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Any Content downloaded by you from this website, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively referred to as the "Content") is licensed to you by ONLINEDRAYAGE.COM. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content. This website contains copyrighted materials, animations, photographs, images, videos, footage, text, music, and sounds (collectively referred to as the "Content") which is owned by ONLINEDRAYAGE.COM or its licensors. It is illegal to duplicate, download or distribute any Content from this Site except for your use. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.
You are also advised that ONLINEDRAYAGE.COM will aggressively enforce its intellectual property rights to the fullest extent of the law.
If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please contact us at admin@onlinedrayage.com.
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Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported:
· into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
ONLINEDRAYAGE.COM does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
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Members have mutual obligations to one another, and will rely on one another for the accuracy of information provided to each other.
Members shall use the Site in the manner for which it is intended, consistent with the requirements of individual Equipment Operators, as well as all applicable State and Federal laws and regulations.
Members agree not to post: (i) any data that is unlawful, harmful or otherwise objectionable or violates any governmental agency, local, state, national or foreign laws; (ii) any data that the Member does not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) any data that infringes any patent, trademark, trade secret, copyright or other proprietary, publicity or privacy rights of any party; (iv) any data that contains viruses, bugs, Trojan horses, or any other harmful or deleterious programs; (v) any data which is defamatory in any way or of an obscene nature.
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Except for Free Container Post and 15 Days Free Trial Carrier Package, the USER agrees to pay per month in advance payable to Onlinedrayage.com, LLC. Failure to pay within 15 days causes this agreement to be in default and service may be canceled without further notice. All Payments will be automatically billed to USER's credit card on file. USER agrees to this agreement when USER provides credit card information to Onlinedrayage.com, LLC and first payment is completed.
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You are solely responsible for managing your password and for keeping your password confidential. No one from Onlinedrayage.com will be authorized to provide your password. If you have forgotten your password, go to the Login button at the Home page, and then click on "Forgot password? Click here." Follow the instructions and your password will be emailed to you. You are also solely responsible for restricting access to any computer you use to access your Onlinedrayage.com account. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.
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You may request to cancel your subscription at any time. To avoid unauthorized cancellation a 30 day written notice is required and must include a Company's letter head and signed by the person responsible for account and User ID. Notice can be faxed to (786) 866-4718 or via e-mail to cancellation@onlinedrayage.com. If you cancel, your service will continue for the remainder of the payment cycle. No refund or credit will be issued. You may re-activate your account at any time.
ONLINEDRAYAGE.COM reserves the right to allow accounts, and at its sole discretion itself, to cancel this agreement and discontinue service at any time.
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Advertising Agreement:
This Letter Agreement for Internet Advertising Services ("Letter Agreement") is intended to set forth the general terms and conditions pursuant to which our company ONLINEDRAYAGE.COM, LLC (hereinafter "Advertising Service Provider") agrees to provide certain advertising services relative to the Internet Site or Company (hereinafter referred to as the "Customer"), showing at Onlinedrayage.com Order Form (hereinafter "Order Form").
By submitting Order Form for Advertisement Services, you agree to accept the terms of this Agreement.
Advertising Terms of Service:
1. We represent to you that we own and operate an Internet Site located at http://www.onlinedrayage.com (the "Advertising Site") which Advertising Site contains graphical and text-based descriptions of advertised sites along with a hypertext link to the advertised site. When the hypertext link is selected by the party accessing the site ("User"), the User is transported to the URL for the advertised site.
2. You represent to us that you own and operate an Internet Site mentioned in Order Form (the "Advertised Site").
3. By executing Order Form, you request and consent to us providing the Advertising Services for the period of time described in Order Form from the date of submission.
4. You agree to submit to us, on or before the 10th day after acceptance of this Letter Agreement, advertising materials to be used by us which shall meet our Uniform Advertising Specifications set forth and described in Banner Sizes and Rates form.
5. We have the right and option to approve, in our absolute discretion, the content of any advertising material that you submit to us if we find that it does not meet our Uniform Advertising Specification, if it is objectionable to us in any way, if it contains false or misleading information, if it contains any illegal information, if it contains any vulgar or pornographic items, or for any other reason, in our sole discretion. If we reject any adverting material that you submit to us, we will notify you. Even after we accept your advertising, we have the right to remove it if it does not function correctly or for any of the reasons described above. Our placing the advertising on our page does not signify our approval or waiver of the right to object to it in the future.
6. We have the right to terminate this Agreement if we remove or fail to approve any materials that you submit to us in which case any prepaid advertising fee shall be returned to you. You will not have any damages or other remedies, in law or in equity against us for failing to place or removing any advertising except for the return of any unused prepaid advertising fees.
7. You may periodically make changes to your advertising material which we must also approve. We will charge you a USD$60.00 an hour for making changes to your advertising materials on our web site. You will provide us with all changed materials that you desire to integrate. We will use our reasonable efforts to make the changes that you submit to us within 10 days after we approve the same.
8. We do not guarantee any given amount of Impressions to your page as a result of our advertising services.
9. We will use our reasonable efforts to make our Advertising Site available for display through the World Wide Web, twenty four hours per day, and seven days per week. We are not responsible for periodic downtime for maintenance, backup, acts of God, power outages, and other circumstances beyond our control or which are a normal part of the Internet business.
10. We make no warranties that the advertising contained on our Web Site will be free from errors or defects or that the use of the hypertext link or access to our site will be uninterrupted.
WE SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ON THE RIGHTS OF THIRD PARTIES. IN NO EVENT SHALL WE BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SALES OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS' FEES), EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.
11. We reserve onto our own discretion all decisions and matters concerning placement of your advertisement on pages of our Web Site, software solutions, hardware configurations and selection, system components, categories of advertising, search engine results and search parameters and other operational and administrative matters pertaining to the construction and operation of our Web Site.
12. In consideration of our advertising services, you agree to pay the advertising fees set forth on the Order Form. You will also pay any sales and other taxes based upon the fees set forth therein. Advertising fees will be paid in advance during the term hereof. We charge interest and service charges on monthly accounts that are delinquent at the maximum rates allowable by law. You will be responsible for all collection costs and attorney fees if it is necessary for us to pursue collection efforts to collect on an account. We reserve the right to suspend advertising services until your account is brought current as well as the right to terminate this Agreement if any advertising fee is delinquent.
13. We will each retain all proprietary rights in and to our respective web sites and other proprietary materials such as copyrights, trademarks, trade secrets, patents and confidential information. We do not grant the other any rights in and to such proprietary material except that you hereby grant us a non-exclusive license to use the advertising material that you provide us, including your trademarks and copyrights, and the right to hyperlink to your site from our site during the term of this Agreement. Upon termination of this Agreement, we agree to remove the hyperlink and the advertising materials that you provided us from our Web Site within a reasonable time.
14. You represent and warrant to us that the advertising that you provide us is not false and misleading, does not contain any untrue, defamatory, harmful, abusive, vulgar or obscene materials, is in compliance with all applicable laws, does not infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights. You also warrant and represent that you have the unrestrictive and exclusive right to use all such materials.
15. You will indemnify and hold us harmless from and against any claims, suits, threats, demands, settlements, actions, causes of action, liabilities, obligations and all other matters, including but not limited to court costs, attorney fees, witness fees, settlement fees, and all other direct and indirect expenses and losses that may occur arising from the breach of any of the representations and warranties that you have made to us and otherwise arising directly or indirectly from the placement of your advertising materials on our Web Site.
16. You agree that the Advertisement will be displayed on the Host Site as Run-Of-Site (ROS) campaign and will equally rotate randomly throughout the home page or other pages depending on your request.
17. We will not be responsible for any failure or delay in performance hereunder that is directly or indirectly related to acts of God, storm, natural disaster, act of terrorism, utility outages or interruptions, system transmission failure, server failure, strike, lockout, or any other situation which is beyond our control.
18. You may terminate this Agreement, with or without cause, by giving 60 days advance notice of you intent to terminate. We reserve the right to terminate this Agreement for any reason, with or without cause, upon ten (10) days written notice to you.
19. This Letter Agreement, Banner Sizes and Rates and Order Form hereto constitute the entire agreement and understanding between us with respect to the subject matter hereof. It supercedes and replaces all previous discussions, negotiations, and understandings between us. This Letter Agreement may only be amended by a written amendment signed by authorized representative of both companies.
Interpretation hereof will be under the laws of the State of Florida and any legal action shall be brought in Miami-Dade County, State of Florida. You are not permitted to assign your rights or responsibilities hereunder. I any dispute or lawsuit between us relative to this Agreement, the prevailing party will be entitled to an award of reasonable attorney fees and costs.
20. All notices called for herein shall be to the parties at the addresses contained in this letter and shall be by email, fax or certified United States Mail, return receipt requested.
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-Links may only be established to the homepage of the http://www.onlinedrayage.com site.
-When linking to http://www.onlinedrayage.com site, you may not state or imply that Onlinedrayage.com, LLC. is endorsing you and/or any of services that you or your organization provides. Additionally, you may not represent that you or your organization has a relationship with Onlinedrayage.com, LLC., unless that relationship is the subject of a written agreement that has been signed by Onlinedrayage.com, LLC or a relationship ONLY as a Member of an established Association.
-Except for sponsor materials, Onlinedrayage.com, LLC. holds the copyright to all materials on its Web site. Furthermore, Onlinedrayage.com, LLC. owns all of the trademarks, service marks and logos ("Marks") used and displayed on its Web site. Without the express written consent of Onlinedrayage.com, LLC, you may not copy, reproduce, display, republish, download, post or otherwise use any of the material or Marks from http://www.onlinedrayage.com Web site on your Web site or on another Web site.
-The content of http://www.onlinedrayage.com Web site is provided "as is" with no warranties or representations of any kind, and is subject to change at any time without notice.
-Onlinedrayage.com, LLC assumes no liability or responsibility whatsoever for any content of any Web site that is linked to http://www.onlinedrayage.com Web site.
-We will not be responsible for any failure or delay in performance hereunder that is directly or indirectly related to acts of God, storm, natural disaster, act of terrorism, utility outages or interruptions, system transmission failure, server failure, strike, lockout, or any other situation which is beyond our control.
-You agree to hold harmless Onlinedrayage.com, LLC, its officers, directors, employees and volunteers from all claims arising out of or related to your link to, or inability to link to, http://www.onlinedrayage.com Web site.
-Onlinedrayage.com, LLC reserves the right to terminate any links to its Web site as it deems necessary, with or without cause or warning. If Onlinedrayage.com, LLC chooses to exercise this right, you will be required to remove your link to http://www.onlinedrayage.com Web site immediately.
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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 our Site, Services or these Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred. You also agree that any controversy or claim arising out of or relating to this Agreement and / or your use of the Site, except for matters exclusively between registered or authorized users and not involving ONLINEDRAYAGE.COM, shall be settled by binding arbitration in accordance with the commercial arbitration rule 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 laws of the State of Florida, USA, without regard to its choice of law provisions, govern these Terms of Use and your use of the Site. The courts of general jurisdiction located within Miami-Dade County, Florida, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these terms of use and/or the Site are a material fact.
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