Terms Of Service
ACCEPTANCE OF TERMS OF SERVICE
COMFREIGHT.com, LLC™ (also referred to herein as “we” and / or “the Company”) provides a load posting and load matching service to the freight and logistics industry. Users of COMFREIGHT.com, LLC™ are subject to the following Terms of Service ("TOS"). By accepting this TOS, your use of the COMFREIGHT.com, LLC™ website constitutes your agreement to be bound by all terms, conditions and notices contained herein. We reserve the right, at 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 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 happy to assist you directly at [email protected] for additional questions or suggestions regarding this TOS or matters related the site’s functionality.
DESCRIPTION OF SERVICE
COMFREIGHT.com, LLC™ currently provides North American-based users (United States and Canada) with an online freight consolidation, load posting and matching service (the "Service"). Users also understand that we have the right under our TOS to send them information related to the 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 Service, including the release of new COMFREIGHT.com, LLC™ features or properties, shall be subject to the TOS. Users understand and agree that the Service is provided "As-Is” and that COMFREIGHT.com, LLC™ 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 Service and in addition, must provide, and are responsible for maintaining, all of the equipment necessary to access the Service.
(1) Subscriber age must be of legal adult status in the United States of America (18 years old); (2) Subscriber is or represents a bona fide carrier, shipper, freight broker or trucking industry consultant; (3) Subscriber’s access to COMFREIGHT.com, LLC™ is for commercial purposes only and is limited to sourcing and matching loads, matching available truck space, finding new logistics contacts and finding trucks through the use of our freight matching service and / or taking advantage of the other services offered on COMFREIGHT.com, LLC™; (4) Subscriber’s commercial purpose in accessing and using COMFREIGHT.com, LLC™ is not to directly or indirectly compete with or gain competitive advantages in relation to COMFREIGHT.com, LLC™; and (5) When submitting content to the COMFREIGHT.com, LLC™ website, subscribers warrant and represent that their information is accurate, that [as a] subscriber, they are authorized to submit the information and that the information content, format and delivery methods are appropriate. Should a subscriber violate any of the provisions for qualification, COMFREIGHT.com, LLC™ may terminate that subscriber’s account without notice or warning, in addition to being subject 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, regional and / or federal laws. COMFREIGHT.com, LLC™ may initiate legal action against a subscriber to enforce these TOS or for any other violations of state, regional and / or federal laws not specifically contained herein. Subscriber expressly agrees to bear any and all costs associated with such action, including but not limited to actual attorney fees incurred by COMFREIGHT.com, LLC™.
COMFREIGHT.com, LLC™ is a fee-based subscription website for premium users. Premium users are defined as carriers and brokers (collectively referred to as “logistics providers”. All “non-free” service and user fees are payable in advance and subscription renewals are automatically charged to the user’s credit card without prior notification upon expiration of their free trial period. All membership trial subscriptions are automatically billed at expiration and recur monthly and / or annually (depending upon the program they’ve selected and signed on for). Please note that our billing processing company pre-authorizes ALL transactions to validate the user who is signing up for a free trial (at their time of sign up). All membership account upgrades are charged immediately. All fees or subscription amounts are identified on our website and are denominated in United States Dollars (USD). Available service plans and price options include: 1. FREE UNLIMITED DIRECT SHIPPER / LOAD POSTING: UNLIMITED LOAD POSTING TO GET BIDS. THIS ACCOUNT IS FOR DIRECT SHIPPERS ONLY - BROKERS MUST SIGN UP FOR A BROKER ACCOUNT. 2. CARRIER ACCOUNT: POST TRUCK SPACE, SEARCH LOADS, ACCESS TO LOAD MAP, ACCESS TO LOAD DETAILS PAGES, LOAD ALERTS FOR TRUCK POSTS AND LOAD SEARCHES, BID ON DIRECT SHIPPER LOADS, CALL OR BID ONLINE ON ALL LOAD POSTS FROM LOADS. SEE DAYS TO PAY INFO FOR LOAD POSTERS. SEE FMCSA AUTHORITY REPORTS FOR BROKER LOAD POSTERS. 3. BROKER ACCOUNT: POST TRUCK SPACE, POST LOADS, ACCESS TO LOAD POST MAP, ACCESS TO TRUCK POST MAP, ACCESS TO LOAD DETAILS PAGE, ACCESS TO TRUCK DETAILS PAGE, SEARCH TRUCKS, SEARCH LOADS, TRUCK MATCH ALERTS, BID ALERTS FOR LOAD POSTS, SHIPPER LOAD POST ALERTS, LOAD ALERTS FOR TRUCK POSTS AND LOAD SEARCHES, BID ON DIRECT SHIPPER LOADS, CALL OR BID ONLINE ON ALL LOAD POSTS FROM LOAD SEARCHES, SEE DAYS TO PAY INFO FOR LOAD POSTERS. SEE FMCSA AND AUTHORITY REPORTING FOR ALL POSTERS. INTENDED FOR FREIGHT FORWARDERS, FRIGHT BROKERS, 3PLS, BROKER AGENTS AND / OR CARRIERS AND TRUCKING COMPANIES. No other account types are valid or in existence at this time. If any other types of accounts become available in the future, it is the responsibility of the subscriber to review email updates sent to them by COMFREIGHT.com, LLC™ as well as announcements posted on the COMFREIGHT.com, LLC™ website regarding those changes with regard to pricing changes, account offerings, and enhanced product features. It is not the responsibility of COMFREIGHT.com, LLC™ to ensure that any such updates are read by each subscriber, but is available to address any concerns or questions thereto. Your COMFREIGHT.com, LLC™ membership commences immediately after your credit card is charged or bank account has been debited. Service purchases will appear on your credit card and / or bank statement(s) under the name COMFREIGHT.com, LLC™. It is not the responsibility of COMFREIGHT.com, LLC™ to ensure that users deactivate (cancel) their account. Users must Login to their Active account and then deactivate (cancel) their account from the "Settings" section of their paid account by clicking on the "Deactivate" button on the Deactivate tab/page in order to stop any further charges to their credit or debit card on file. COMFREIGHT.com, LLC™ offers a free 15-day trial of the service for all “non-free” account types. Once the 15-day FREE trial period ends, the credit card on file used to register the account will automatically be billed every month (for monthly account sign-ups) and / or each subsequent year (for annual sign-ups) in a recurring manner (on, or close to the same day within each renewing month / year). The subscriber reserves the right to deactivate (cancel) service with COMFREIGHT.com, LLC™ at any time prior to the end of their 15-day FREE trial period without incurring any charges prior to this point or any time after being billed for monthly / annual service to prevent additional future payments being deducted. If the account is not formally closed with COMFREIGHT.com, LLC™ prior to the end of their 15-day FREE trial period or after the account has begun billing and the customer requests the account be closed, COMFREIGHT.com, LLC™ is not responsible for any charges billed to their account during this time. For example; if a user would like to only pay for one month of the COMFREIGHT.com, LLC™ service, the user MUST deactivate (cancel) their account after the first billing cycle for the first month in order to prevent further recurring charges intended to keep the account active for any future / following months. COMFREIGHT.com, LLC™ offers all users the right to deactivate (cancel) and / or discontinue the service at any time without further obligation. The deactivation (cancellation) date will be the date upon which, it is received by COMFREIGHT.com, LLC™. Users are responsible for navigating to the deactivate tab under the main settings menu and deactivating (canceling) their account while logged into COMFREIGHT.com.™ account. Any fees paid prior to the receipt of deactivation (cancellation) will not be refunded.
ACCOUNT REACTIVATION AND DEACTIVATION (CANCELLATION)
COMFREIGHT.com, LLC™ does not charge an early termination fee. However, the subscriber must deactivate (cancel) his / her account if they no longer require the service by logging into their account and clicking the deactivate button under the deactivate tab under settings or with a direct written announcement to COMFREIGHT.com, LLC™ via email sent to [email protected] At the time of deactivation of an account the subscriber's account will immediately be closed. The subscriber will have to log into their account update their billing information to reactivate an account previously closed and may be required to sign-up for a new account if they decide to return to COMFREIGHT.com, LLC™ for services, however, this must be done so at the subscriber rate(s) currently in effect at that time of return. COMFREIGHT.com, LLC™ does not cover or issue refunds for Credit Card International / Foreign Transaction Fees. COMFREIGHT.com, LLC™ does not issue refunds for overdraft fees. All payments are final.
FREE TRIAL MEMBERSHIP AND ABUSE
COMFREIGHT.com, LLC™ actively monitors usernames and passwords and reserves the right to terminate a subscriber’s FREE trial membership immediately and without notice if it is detected that their trial membership is being abused. Trial membership abuse is defined as a user successfully registering for a FREE trial after having already received a FREE trial period membership. COMFREIGHT.com, LLC™ reserves the right to levy penalties on other existing paying accounts if users continue to abuse free portions of the site’s resources or the FREE account types offered by COMFREIGHT.com, LLC™ to users.
ACCEPTED PAYMENT METHODS
COMFREIGHT.com, LLC™ accepts: VISA, MasterCard, AMEX (American Express), Discover and / or Pre-Authorized Debit Cards, Gift Cards and money-orders. If another payment method is required and / or suggested, please contact [email protected] and we will develop a plan to receive payments in an alternative manner.
AUTOMATIC PAYMENTS / FEES
COMFREIGHT.com, LLC™ has periodic subscription fees that are defined by the service plan chosen at the time of the initial enrollment. The subscriber is responsible for such fees according to the terms, then [currently] in effect as posted on its site. Subscribers will receive an email receipt to their email address. This will be provided upon their initial trial subscription activation as notification of when their chosen method of payment will next be charged.
AUTOMATIC RECURRING BILLING
Subscribers must directly notify COMFREIGHT.com, LLC™ 24 hours prior to the end of the trial offer period in order to deactivate (cancel) automatic renewal. Until this agreement is deactivated (cancelled) in accordance with the terms hereof, subscriber hereby authorizes COMFREIGHT.com, LLC™ to charge their chosen payment method to pay for their ongoing / continued cost of membership. MERCHANT’S BUSINESS NAME COMFREIGHT.com, LLC™ SUBSCRIBER INFORMATION, MILEAGE and VERIFICATION [USER IS THE ONLY LIABLE PARTY FOR VERIFYING INFORMATION OF OTHER USER(S)] COMFREIGHT.com, LLC™ 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 zip codes is as accurate as possible but COMFREIGHT.com, LLC™ is not responsible for any loss of fuel, time or any other type of expenses due to a lack of understanding of the mileage radius. The mileage drop-down box is the subscriber’s own duty to verify on routes, load dispatches and general routing information on any loads or orders that may be posted or matched through the COMFREIGHT.com, LLC™ site. Subscribers 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 the site to any other user of the site. It is not COMFREIGHT.com, LLC™’s responsibility to, in any way, verify, check, research or clear any user allowed to post on the site. Users of COMFREIGHT.com, LLC™ assume all risk in tendering loads, establishing new business relationships, verifying credit or invoicing of vendors, shippers, carriers, brokers or any users of the site. Users take it upon themselves to research, verify and check all information posted by any other user on the site before taking action to execute or utilize the services of another user that may have been matched or found through the COMFREIGHT.com, LLC™ website. COMFREIGHT.com, LLC™ does not endorse any claims as to the accuracy of the credit ratings, days-to-pay, licensing, authority and / or insurance information listed and in no way acts as a broker, shipper, carrier, owner-operator bound to it. No person should place reliance on information derived from this site where such reliance may result in loss, damage or injury. ALL USERS ARE ENCOURAGED TO PERFORM THEIR OWN CREDIT CHECK AND / OR INSURANCE CHECKS OF USERS ON THE COMFREIGHT WEBSITE. However, if a subscriber identifies erroneous or false information posted to the site, please contact us.
NO RESALE OF SERVICE / CONTENT
In order to maintain the best online freight consolidation and truck and space matching web service, we must guard against those that may try to take advantage of others or who simply do not follow prescribed rules and industry regulations. If you are submitting content to our site, you warrant and represent that the information is accurate, that you are 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. By transferring information, you agree that COMFREIGHT.com, LLC™, 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. 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
COMFREIGHT.com, LLC™ 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 our entire site without notice. You agree that COMFREIGHT.com, LLC™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
You agree that COMFREIGHT.com, LLC™ may, under certain circumstances and without prior notice, immediately terminate your COMFREIGHT.com, LLC™ account and access to the service. 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 you (self-initiated account termination), (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 COMFREIGHT.com, LLC™ 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 COMFREIGHT.com, LLC™’s sole discretion and that COMFREIGHT.com, LLC™ 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 websites ("linked sites"). These linked sites are provided solely as a convenience to users of the service. Such linked sites are not under COMFREIGHT.com, LLC™‘s control, and COMFREIGHT.com, LLC™ is not responsible for and does not endorse the content of such linked sites, including any information or materials contained on such linked sites. Subscribers must make their own independent judgment regarding 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 depicting their goods and / or services through the COMFREIGHT.com, LLC™ site. Any such activity and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. COMFREIGHT.com, LLC™ and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. COMFREIGHT.com, LLC™ does not endorse any sites on the Internet that are linked through the Service. COMFREIGHT.com, LLC™ provides these links to you only as a matter of convenience, and in no event shall COMFREIGHT.com, LLC™ or its licensors be responsible for any content, products, or other materials on or available from such sites. COMFREIGHT.com, LLC™ provides the service to you pursuant to the terms and conditions of this agreement.
The content and software used on this website and the website layout and design are the exclusive property of COMFREIGHT.com, LLC™ 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 COMFREIGHT.com, LLC™. Subscriber(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. You acknowledge that COMFREIGHT.com, LLC™ 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, mobile devices, internet access and 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.
INTERRUPTIONS TO SERVICE
COMFREIGHT.com, LLC™ reserves the right to modify or discontinue the load board and / or consolidation service with or without notice. COMFREIGHT.com, LLC™ shall not be held liable to any subscriber or any third party should COMFREIGHT.com, LLC™ exercise its right to modify or discontinue the load board and load consolidation services in any way or at any time. All subscribers acknowledge and accept that COMFREIGHT.com, LLC™ does not guarantee continued, uninterrupted, or secured access to the load board and / or consolidation service.
DISCLAIMER OF WARRANTIES
COMFREIGHT.com, LLC™ 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. COMFREIGHT.com, LLC™ does not handle cash, control subscribers in any way, or arrange for the movement of freight. All such arrangements are made by, and between, the users of the site 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 a dispute arises by or between users, we must be informed. Users agree not to name COMFREIGHT.com, LLC™ in any dispute that may arise with other users. You agree to release COMFREIGHT.com, LLC™ its officers, subsidiary / parent companies, 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. COMFREIGHT.com, LLC™ does not provide any applicable warranty or guarantee. COMFREIGHT.com, LLC™ makes no representations or warranties with regard to the accuracy of content on its 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. COMFREIGHT.com, LLC™ specifically disclaims the implied warranties of title, fitness for a particular purpose, merchantability and non-infringement. In no event shall COMFREIGHT.com™ 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 subscriber’s use of the website. COMFREIGHT.com, LLC™ accepts no responsibility or liability for any use of the data and / or information or reliance placed upon said data and / or information. COMFREIGHT.com, LLC™ makes no warranties that said data and / or information is free of infection by computer viruses or other contamination. COMFREIGHT.com, LLC™ 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 site. Some states do not allow for the limitation of liability, so the foregoing limitation may not apply to you. All website users agree to indemnify and hold COMFREIGHT.com, LLC™, and its subsidiaries / parent organizations, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s 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 violation of any other rules expressed or unexpressed. You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
NOTICES / TOS CHANGES
COMFREIGHT.com, LLC™ may provide you with notices, including those regarding changes to the TOS and / or price / product modifications by email, regular mail, or postings to its website. COMFREIGHT.com, LLC™ may update the TOS to reflect changes in our services and customer feedback. If COMFREIGHT.com, LLC™ makes changes to any terms or conditions of the TOS, these changes will be posted on our website in a timely manner.
Please report any violations of the TOS to us via [email protected].
This TOS is reviewed on a perpetual basis for accuracy, consistency, completeness and reconciliation to the products, services and pricing plans, currently in effect on our website (Updated: February 24, 2016)