"Subscriber" refers to the individual accessing and using the web site, and if subscriber is accessing and using the Site on behalf of a corporation, partnership, limited liability company, or other business entity, then "subscriber" also includes that entity and all other individuals gaining access through subscriber’s account with NetTrans. Using NetTrans indicates that subscriber has read, understood and agreed to these Terms of Use.
Subscriber Requirements
When subscribed to NetTrans, subscriber agrees to the following: (1) Subscriber is of the age of majority; (2) Subscriber is or represents a bona fide carrier, shipper, freight broker or trucking industry consultant; (3) Subscriber’s access to NetTrans is for commercial purposes only and is limited to finding loads or trucks through use of our freight matching service and/or taking advantage of the other services offered on the Site; (4) Subscriber’s commercial purpose in accessing and using NetTrans is not to directly or indirectly compete with or gain competitive advantage in relation to NetTrans; (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 NetTrans; (6) When submitting content to the web site, 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 subscriber violate any provisions for subscriber qualification, NetTrans may terminate 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 Terms of Use, including but not limited to civil and/or criminal actions under state and/or federal law. Should NetTrans be forced to institute legal action against subscriber to enforce these Terms of Use 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 NetTrans.
Disclaimer
Use of the information and data contained on this site and/or on these pages is at subscriber’s sole risk. The information and data on this site is provided on an "as is, as available" basis without warranty or condition of any kind or nature, either express or implied. NetTrans specifically disclaims the implied warranties of title, fitness for a particular purpose, merchantability and non-infringement. In no event shall NetTrans 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 web site. Subscriber agrees to indemnify and hold NetTrans harmless from all damages resulting from claims made against NetTrans relating to both subscriber’s authorized use and misuse of the web site. NetTrans makes no representations, express or implied, as to the accuracy of the information and data contained on the website. NetTrans accepts no responsibility or liability for any use of the data and/or information or reliance placed upon said data and/or information. NetTrans makes no warranties that said data and/or information is free of infection by computer viruses or other contamination. NetTrans 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 web site.
Cancellation
NetTrans reserves the right to suspend and/or cancel service to any subscriber who engages in the following activities: Any illegal activity of any kind, loss of operating authority, use of another’s operating authority without that individual’s permission in order to subscribe to NetTrans, failure to fulfill any financial and/or service obligations, displaying false or misleading information, allowing others unauthorized access to the network or the proprietary information provided by NetTrans for its subscribers, and complaints about subscriber by other subscribers to the website which may effect the quality of services provided. Failure of subscriber to access the web site does not constitute grounds for cancellation of the account.
NetTrans is a fee-based subscription web site. All fees are payable in advance and subscription renewal fees are automatically charged to subscriber’s credit card without prior notification. Subscribers may cancel their account at any time without cause in writing via e-mail or facsimile. Subscribers should submit their cancellation notice (via e-mail) to support@nettrans.com or (via fax) to (912) 351-9734. No refunds will be given for any cancellations. Upon cancellation of subscriber's account, regardless of the method and/or purpose of cancellation, subscriber remains liable to NetTrans for any and all outstanding account balances. NetTrans expressly retains the right to charge subscriber's credit card number on file for any and all outstanding account balances up to and including a period of sixty days after account cancellation. Should it become necessary for NetTrans to undertake collection efforts in order to collect subscriber's outstanding balance due, subscriber agrees and acknowledges that NetTrans is entitled to recover any collection costs associated with subscriber's account including, but not limited to, actual attorney fees and collection fees in the amount of $40.00. Subscriber further agrees and acknowledges that said collection fees are liquidated damages and do not consitute a penalty.
Technology
The content and software used on this web site and the web site layout and design are the exclusive property of NetTrans and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Subscriber may not copy or retrieve data or other content from this web site, 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 NetTrans. Subscriber may not use meta tags or other hidden text utilizing the NetTrans name or trademarks, nor may subscriber use framing techniques to enclose any portion of the website, without express written permission. Subscriber may use the material on the web site only for personal or commercial use as described in these Terms of Use. Unless expressly authorized in writing by NetTrans, 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 web site.
Claims
Subscriber agrees that any and all controversies or claims arising out of or relating to these Terms of Use and/or subscriber’s use of the web site, except matters exclusively between authorized users and not involving NetTrans, shall be settled by binding arbitration in accordance with the 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 Gwinnett County, Georgia, and judgment on the arbitration award may be entered in any court of competent jurisdiction. Either subscriber or NetTrans may seek any interim or preliminary relief from a court of competent jurisdiction in Gwinnett County, Georgia or Norcross, Georgia necessary to protect the rights or property of subscriber or NetTrans pending the completion of arbitration.
Mileage
NetTrans displays the mileage of posted loads in two ways: (1) The system automatically calculates and displays estimated air miles for each load posted based on an internal proprietary algorithm; (2) Additional mileage calculations are also made available using MapQuest.com. The mileage supplied by MapQuest.com is only one of the many ways that mileage can be calculated and is not necessarily the actual mileage that the broker/shipper will pay on the particular load. It is meant only to give subscriber an estimate as to the distance between the starting and destination point of the load. NetTrans does not lay any claims to the accuracy of the mileage and in no way is the broker/shipper bound to it. The broker/shipper has the final say as to the mileage he/she will pay.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia without regard to that state’s conflict of laws provisions.
