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WideloadShipping.com is offered by Wideload Shipping, Inc., a company based in the state of California dedicated to the carrier and customer needs of the over dimensional and over weight trucking industry. This carrier section of WideloadShipping.com allows subscribers to directly access the freight from direct customers as well as brokers that we take in via this website and actively submit bid/quotes on for the purpose of soliciting transportation services only. This does not include load boards, freight exchanges or other related services. WideloadShipping.com is not a brokerage company. Any payment for awarded freight is payable by the customer requesting bid/quote and not by wideloadShipping.com. WideloadShipping.com is an intermediary providing solely customer leads only. To access this area of our website you must agree to the following terms and conditions:
This End User License Agreement ("EULA") describes the terms and conditions under which you may and use our system, subscribe to, access and use WideloadShipping.com online. WideloadShipping.com may amend this EULA from time to time by posting an amended version at http://www.wideloadshipping.com/html/terms_of_service_-_eula.html If you accept this EULA, the then-current version of this EULA shall apply each time you access our system.
By clicking the "ACCEPT" button on the next page, and confirming your acceptance by checking the text box next to "I have read and agree with Terms Of Service" text you accept the terms and conditions in the EULA. If you do not accept the terms and conditions in the EULA, you must click the "DECLINE" button, discontinue use of our system.
REQUIREMENTS TO USE OUR CUSTOMER DATABASE
To access the wideloadShipping.com direct customer database , you must: (i) be involved directly with the actual physical shipping or transportation portion of the trucking industry. (ii) establish a valid online account (an "Account") and keep that Account active by paying the subscription fees as required. (iii) obtain and maintain your own Internet access (Internet access is required to use the WideloadShipping.com database. Wideload Shipping, Inc. is not responsible for your access to the Internet); and (iv) comply with this EULA.
YOUR ACCOUNT
You may establish only one (1) account for your company. If you wish to establish another Account, you must obtain permission from us to do so. Multiple email addresses may not be used on one account. You may not share your Account with any other company other than the one registered, or allow anyone outside of your company access to use your Account. Joint or shared ownership or use of an Account by more than one user is prohibited.
A. Passwords and Names. You’ll be asked to select a password during the registration process ("Password"). You may not disclose your Password to anyone or allow anyone to use your Password to access the System. You are responsible for maintaining the confidentiality of your Password and for any damage, harm, lost or deleted, etc. resulting from your disclosure, or allowing the disclosure, of any Password, or from use by any person of your Password. You may not obtain, attempt to obtain, use or attempt to use the password of anyone else. You are responsible for remembering your Account information and Password. You will choose a login name during the registration and character creation process. You may not allow anyone to use your login name to access the System. You may not obtain, attempt to obtain, use or attempt to use the login name of anyone else.
B. You are encouraged to use a pseudonym, but you may not choose a name that violates anyone's trademarks, publicity rights or other rights. Acceptance of a pseudonym by the System does not mean that your chosen pseudonym does not violate anyone's rights. You are responsible for any liability incurred by yourself, Wideload Shipping, Inc. or anyone else due to the pseudonym you choose. Wideload Shipping, Inc. retains the right to reject any pseudonym it determines, in its sole discretion, is unlawful, indecent, obscene or otherwise violates standards of good taste.
SUBSCRIPTION FEES AND PAYMENT TERMS
After the 10 day Trial Period, you are required to pay a minimum subscription fee of $30.00 a month to maintain your Account (cheaper options are available), access the System and use the WideloadShipping.com customer database. You are informed of the subscription fee and payment terms during the registration process. Wideload Shipping, Inc. may amend the subscription fee and payment terms at any time.
All subscription fees are in U.S. Dollars and are non-refundable. When you establish your Account, you authorize Wideload Shipping, Inc. to automatically charge your credit card the subscription fees in accordance with the payment terms (as may be amended by Wideload Shipping, Inc. from time to time), plus any applicable taxes that Wideload Shipping, Inc. is required to collect. If Wideload Shipping, Inc. is unable to process your credit card at any time, your Account may be immediately suspended or terminated at Wideload Shipping, Inc's. discretion.
You are responsible for reviewing the WideloadShipping.com website for changes in the subscription fee or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in the termination section below.
AMENDMENTS TO EULA
Wideload Shipping, Inc. may, in its sole discretion, amend this EULA from time to time. If the EULA is amended, you will be asked to review the amended EULA when you log into your Account, and to indicate and confirm your acceptance of the amended EULA by clicking the "ACCEPT" and/or "CONFIRMED" buttons.
If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in the termination section below.
TERMINATION; SUSPENSION OF ACCOUNT
A. By Wideload Shipping, Inc. for Breach or Misuse of information/system
i. Suspension of Account without limiting Wideload Shipping, Inc. rights or remedies, Wideload Shipping, Inc. may immediately, and without notice, discontinue or suspend access to the System through your Account, and any and all other Accounts that share the name, phone number, e-mail address, internet protocol address or credit card number with the discontinued or suspended Account, in the event of (i) a breach of the EULA (including the Rules of Conduct) by you or any user under your Account; or (ii) unauthorized access to the System or use of the System by you or any user under your Account. Breach of this EULA may result in forfeiture of credit balances retained by us.
CONDUCT
A. Selling Items and Objects
You may not transfer, sell or auction, or buy or accept any offer to transfer, sell or auction (or offer to do any of the foregoing), any content appearing within the WideloadShipping.com environment, including without limitation characters, character attributes. You may not encourage or induce any other company/person to participate in such a prohibited transaction. The buying, selling or auctioning (or any attempt at doing so) of characters, character attributes, items, currency, or objects, whether through online auctions (such as ebay), newsgroups, postings on message boards or any other means is prohibited by the EULA and a violation of Wideload Shipping, Inc. proprietary rights of the system and information contained.
PRIVACY AND CONFIDENTIALITY
Wideload Shipping, Inc. will never share your information with any outside party.
PROPRIETARY RIGHTS - Ownership of System.
As between you and Wideload Shipping, Inc., Wideload Shipping, Inc. is the sole and exclusive owner of the system/database content. The System/database and content are protected by law governing copyrights, trademarks and other proprietary rights. Wideload Shipping, INc. reserves all rights not expressly granted herein.
NO WARRANTIES
The System, and all system content, and all other services and material provided in connection therewith, are provided "AS IS," with all faults, and without warranty of any kind. You assume all risk of use and all risk associated with accessing the WideoadShipping.com direct access system.
Wideload Shipping, Inc. disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. Wideload Shipping, Inc. does not warrant that the operation of the System or your access to the System, or that your use of the Software, will be uninterrupted or error-free.
While Wideload Shipping, Inc. attempts to have the System available at ALL times, Wideload Shipping, Inc. does not guarantee that the System will always be available, or that the System will not become unavailable during use. The System may become unavailable for a number of reasons, including without limitation during the performance of maintenance to the System, for the implementation of new software, for emergency situations and due to equipment or telecommunications failures.
DISCLAIMER OF DAMAGES
In no event shall Wideload Shipping, Inc. its affiliates, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost data), arising out of or in connection with your Account or the system. User Content, EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not Wideload Shipping, Inc. is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.
GOVERNING LAW AND EXCLUSIVE FORUM
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of the State of California.
MISCELLANEOUS
If any part of the EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EULA, and the remaining portions shall remain in full force and effect.
You shall comply with all applicable laws regarding your access to and use of the System, use of the Software, your access to your Account. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the System or the Software except in full compliance with all applicable laws and regulations.
Except as otherwise provided herein, you may not assign or transfer the EULA or your rights thereunder, and any attempt to do so is void. The EULA, including the Rules of Conduct and the subscription fees and payment terms as referenced therein, as each may be amended by Wideload Shipping, Inc. from time to time, sets forth the entire understanding and agreement between Wideload Shipping, Inc. and you with respect to the subject matter hereof. Except as provided above, or in a writing signed by both parties, the EULA may not be modified or amended. No distributor, agent or employee of Wideload Shipping, Inc. is authorized to make any modifications or additions to the EULA.
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