Terms of Use

VeriTread Terms of Use

This agreement (this “Agreement”) describes the terms and conditions applicable to your use of our services available under the VeriTread.com domain (“Site”) offered by VeriTread, LLC (“VT”). Users of this Site will be referred to as (“You” or “User” or “Shipping Customer” or “Service Provider”, as applicable) herein.

By accepting and using this Site, You accept and agree to be bound by these terms of use (“Terms of Use”), including any future changes that we may adopt to these Terms of Use and to abide by all applicable laws, rules, and regulations (collectively, “Law”).

Changes in Terms of Use

We encourage You to read these Terms of Use in their entirety. VT reserves the right to change these Terms of Use at any time, and all such changes shall be effective immediately upon posting on this Site. Your access to and use of this Site and any services offered therein may require You to accept additional Terms of Use applicable to such services.

Your continued use of this Site following any such change to these Terms of Use constitutes your acceptance and agreement to be bound by these Terms of Use as changed. Any changes may be made at any place on this Site and no notice shall be required.

IF YOU CHOOSE TO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS AND/OR USE THIS SITE.

Users

Our services are available to individuals at least 18 years of age who therefore can enter into binding legal contracts. If You are a business entity You warrant that You have full authority to enter into binding legal contracts on behalf of the business entity. Our services are not available to minors or to Users who have been banned from this Site and its services. You agree that this Site is for services only and that the work provided will only involve services. You acknowledge that the services provided by this Site constitute a neutral venue where Shipping Customers may meet Service Providers; as such, we have no control over the quality, safety, or legal aspects of the transactions that may take place.

You agree that You will not use your participation with this Site as a means to sell, market, and/or promote in any forum any type of goods or products or services, unless VT has granted You express written permission. You may not transfer or sell your rights to another party.

VT reserves the right to reject or terminate participation on this Site at any time with or without cause.

For Service Providers

You also agree:

  • You are a bona fide motor carrier or a driver for a motor carrier, freight broker (a.k.a. Third Party Logistics Provider (3PL)), non-vessel operating common carrier (a.k.a. NVOCC), or international freight forwarder (IFF), of a legal age to operate and to enter into an agreement of this nature.
  • You agree to maintain all appropriate licenses, bonds, and levels of insurance, and will cease providing services immediately and notify VT if for any reason You no longer maintain such authority.
  • You will not represent yourselves as operating under the authority of any company without express permission from such company.
  • You will not enter into any transaction with a Shipping Customer without the appropriate carrier authority.
  • If You are providing services as an international shipping company, such as a Non-Vessel Operating Common Carrier (a.k.a. NVOCC), or freight forwarders, You will have all special bonds in place and be authorized to conduct business by the Federal Maritime Commission (http://www.fmc.gov).
  • You will not enter into a transaction to transport freight outside the geographic bounds of your carrier authority.
  • You will not enter into a transaction to transport freight and/or equipment You are not authorized to transport.
  • You agree to use this Site solely for your commercial purposes only and You will not reproduce, republish, resell, or distribute any information from this Site in any format, in whole or in part, for sale or commercial use by third parties.
  • You will not use this Site for the purpose of competing with VT with respect to its services offered. You agree that VT will have the legal authority to seek damages or equitable relief for any violation.
  • You agree not to allow non-registered users access to your account and will not share information from this Site with any non-authorized users.
  • You will not resell or assign your rights or obligations.
  • You agree that any violation of the above might result in the following:
    • Immediate termination of your registration and access to this Site.
    • VT availing itself of any legal remedy available under state and/or federal law. You also agree that if VT must seek legal action against You, You will be responsible for legal costs, including, without limitation, any applicable attorneys’ fees.
  • You further agree to conduct your business in an ethical manner and not engage in any illegal, deceptive, misleading or fraudulent practices.

User Reinstatement

If You are removed from this Site, You may petition to have your registration reinstated by submitting a written statement as to why You should be reinstated. You must include your contact information including your name, address, email address and reason(s) for reinstatement. Your reinstatement submission does not guarantee that You will be reinstated. VT does not have to provide a reason for any grant or denial or reinstatement.

User Information

You agree to maintain accurate contact information including a current mailing address, telephone number and email address as a condition of the use of this Site. By using this Site, You acknowledge that VT may record any data collected and/or telephone conversations with VT and its officers, directors, owners, managers, members, shareholders, agents, employees, and/or assigns for quality assurances purposes and for any other purpose deemed appropriate for future business.

You agree to be responsible for any information You provide via this Site to VT or other Users in the registration, shipping and transportation process.

VT acts as a passive conduit by offering this Site for any and all communications and/or distribution of information. VT has no control, editorial or otherwise, over any communication, information or the content of such communications within this Site posted by a User. VT does not warrant the accuracy or reliability of such communications and information, nor will VT act as a monitor over the content of such communications and information.

You agree to provide VT a royalty free, perpetual, irrevocable, non-exclusive license to exercise the copyright, publicity, and database rights that You have in your communications, information, and/or content.

You agree that You will not use personal information of other Users except in connection with legitimate VT business offered on this Site and You will not use any information to generate or to send spam.

VT will never ask specifically for your password. VT will ask “challenge” questions or use other appropriate means to verify User’s identities to assist with the password resetting process.

VT reserves the right to terminate or suspend any User’s account that abuses this policy, in VT’s sole and absolute discretion.

User Content

You solely are responsible for any information You provide to VT or other Users in the registration and shipping process. Your personal information, including any shipment or trip listings, must be true, legal, accurate, and non-fraudulent. You agree that You will not provide contact information to other Users of this Site for the purpose of bypassing VT transaction fees and service costs.

You further warrant that any information You provide will be free of viruses, malware, and spam. You further warrant that You will not release, create, or cause to be created any automatic bots that may interfere with this Site.

You further warrant that any listings provided by You will not violate any federal, state or local law, statute, ordinance or regulation, or that will not violate the Prohibited Items List provided via United States Postal Services Publication 52 or any successor publication.

VT maintains the right to remove or restrict communication or information that You may post to this Site that violates these Terms of Use.

You expressly represent that You are the legitimate and rightful owner of a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute and reproduce such communications content and/or information.

You further warrant that any communication or content/information:

  • Will not violate any international, federal, state law, or statute.
  • Will not violate these Terms of Use.
  • Will not infringe upon any third party’s intellectual property rights, including, but not limited to, copyright, patent, or trademark rights.
  • Will not contain any obscene, lewd, malicious, suggestive or pornographic content and shall not contain any content relating to hatred, sexual harassment, or sexual abuse of any particular individual, type of individual or societal group.
  • Will not be libelous, harassing, or defamatory in nature. This includes making legal claims about VT and its officers, directors, shareholders, owners, managers, members, agents, employees and/or assigns.
  • Will not contain any computer hardware or malicious software of any kind, to include, but not necessarily be limited to, viruses, Trojan horses, worms, or any other sort of computer programming that may interfere with the operation of this Site, or operation with any server connected via this Site.
  • Will not scan or test the vulnerability or security of this Site.
  • Will not be used for commercial gain or purpose without VT’s express written permission or express permission granted through these Terms of Use.
  • Will not create any liability for VT and/or its officers, directors, owners, shareholders, managers, members, agents, employees and/or assigns.
  • Will not link or post information from this Site without VT’s express written permission.

VT reserves the right to keep records of all transactions and communications, including, but not limited to, any recordings of telephone calls, emails or other digital or written communications regarding Site activity, for administrative purposes.

Copyright Compliance Policy

To ensure compliance with the Digital Millennium Copyright Act (“DMCA”), VT will take action on receipt of notice of alleged copyright infringement. If You are a copyright owner or representative of the owner and believe that a User has submitted or uploaded material that infringes upon your United States copyrights, You may submit notification in accordance to the DMCA by providing VT with the following information in writing:

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site (such as the URL(s) of the claimed infringing material);
  • information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an email address;
  • a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by You, made under the penalty of perjury, that the above information in your notification is accurate and that You are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and
  • your physical or electronic signature.

Please send all written correspondence of alleged infringements to: [email protected].

User Feedback

You acknowledge that a fundamental service within this Site is User feedback. Therefore VT allows Users to rate the service received.

VT provides the ability for Users to rate services, whether positive, neutral, or negative along with a short comment about the User’s experience. This allows other Users to read and evaluate whether or not to engage the services of another User. VT warrants that it has no control, editorial or otherwise, over the feedback left by Users.

Therefore, in order to preserve the integrity and value of this feedback capability, You agree that You will NOT:

  • Cause, whether known or not, the improper influence of another User on this Site.
  • Post and/or cut, paste, copy the content of User feedback from this Site to your own personal or business Site or another third party website.
  • Attempt to gain feedback by receiving multiple feedback from a single User.
  • Post or attempt to post, whether knowingly or not, by any means, a feedback report on your own User account.
    VT will terminate or suspend a User’s account if VT determines that the User is “shopping” or “price comparing” the loads available upon this Site.

Off-Site Communication

VT prohibits Users from knowingly or purposefully attempting to circumvent VT by offering to other Users of listed shipments the ability to transport freight outside of this Site without the express written permission of VT. VT reserves the right to withhold such permission, in its sole discretion.

Off-site offers include, but are not limited to:

  • Providing personal or business contact information for the sole purpose of soliciting or causing to be solicited any potential shipments that were originally listed on this Site.
  • Using personal or business contact information, such as website domains, fax numbers, or email addresses obtained via this Site for the purpose of offering or circumventing VT and its services.

VT reserves the right to edit, amend, or delete any contact information, whether business or personal, that Users submit via this Site. VT further reserves the right to suspend or delete any User account due to off-Site communications or transactions.

VT reserves the right to seek any and all legal or equitable remedies that result from any off-Site communications to circumvent VT and the services provided by this Site.

Privacy Policy

Your use of this Site is also governed by our Privacy Policy, which is incorporated in these Terms of Use by reference.

Bidding

Users will have several options to solicit bids when advertising a shipping load via this Site. These options include, but are not limited to:

  • Public Reverse Auction – Service Providers are able to see each other’s bids and continually out bid the other until the Shipping Customer accepts the winning bid.
  • Blind Reverse Auction – Service Providers submit the best bid but are unable to view other Service Provider’s bids.
  • Book It Now – Service Providers have the option to select the reserve price set by the Shipping Customer to accept the bid and end the auction automatically.
  • Direct Dispatch – Shipping Customer does not ask for any bids, but assigns the load to one Service Provider. [LM1]

In the event a User elects to have its shipping load advertised via a bidding style, the User agrees that VT is acting as a neutral venue where the Shipping Customers and Service Providers can meet and enter into agreements. VT is not involved in the actual transaction between the Shipping Customers and Service Providers. Where VT offers supporting information, such as transportation tips and tricks, general permit suggestions, load advising, and factory freight dimensions, such supporting information is provided as a convenience only. VT does not, and cannot guaranty the accuracy of this information.

VT will post the detailed profiles of Service Providers on this Site prior to acceptance of a bid. It will be in the sole discretion of the Shipping Customer to select an available carrier. VT does not warrant the accuracy of any carrier profile. VT warrants that it exerts no control over the quality, safety, or legal aspects of any transaction made via this Site. VT also does not warrant the licensure, insurance, and/ or registration of any carrier. VT only shares the information that is reported to this Site. VT also integrates with our own independent service providers in an attempt to validate profile information, to the extent practicable, reasonable and feasible. Registry Monitoring, which maintains insurance certificates and verifies insurance levels for Service Providers. [LM2] VT will also be including this information in the “Service Provider Profile”. [LM3] VT is not, and will not, be responsible for any information provided from these third parties, and VT expressly disclaims any liability for the reposting of such information.

VT warrants that, as a neutral venue, it does not provide any endorsement of any carrier, including any of its affiliated companies that may be Service Providers, brokers, NVOCCs, or IFFs. You agree that VT is not responsible for assisting You in any transaction or selection of services. Further, due to the difficult nature of verifying information on the Internet, VT cannot confirm the identity or ability of a Shipping Customer to pay for the services provided. By using this Site, You agree that, because VT is not involved in the actual transaction between the Shipping Customer and the Shipping Provider, VT has no control over the accuracy of listings or the ability of the Shipping Provider to transport the load or the ability of the Shipping Customer to provide the load to be moved.

Upon selecting a Service Provider, the Shipping Customer agrees to hold VT and VT’s officers, directors, owners, managers, members, shareholders, agents, employees, assigns, and licensed Internet partners, harmless for any delays, additional shipping costs, or cancellations by the Service Provider.

Load/Freight Information

The load information provided on this Site is posted by independent shippers, and other third parties, and is not monitored by VT for content or accuracy. Load information includes but is not limited to, pick-up location and points of contact. Freight information refers to the commodity that is actually being hauled by the Service Provider. Freight information can come from independent shippers and other third parties and is not monitored by VT for content or accuracy. VT can provide manufacturer information from VT’s equipment specifications database. Manufacturer’s posted information may not always be accurate due to differing configurations of the equipment, or after market changes, and such information is not monitored by VT for content or accuracy. Fluids and fuel in the equipment, and other extraneous matter (including, but not limited to, mud, clay, sand, plant and tree debris, stray asphalt or concrete) may be present on any equipment, adding weight to the load. Also, in particular, equipment may have been modified, and may not correspond to the original manufacturer’s specifications.

Service Providers will be provided information via a “Load Advisor” information section. This information is provided to the Service Provider from a combination of VT and other third parties. As a result of various sources, this information may not always be accurate. It is up to the Service Provider and User to verify the accuracy of all information prior to loading a machine or ordering permits.

For these reasons, VT highly recommends that Users accessing or relying upon load information contact the individual Shipping Customers anonymously through the website that have posted the load information in order to obtain final and confirmed load information. VT advises You to not rely solely upon the postings on this Site, and You agree to contact the Shipping Customers to obtain all load details before accepting the load. VT expressly disclaims any responsibility for inaccurate or incomplete information contained in the load postings.

Freight Estimator Tool: VT may provide a Freight Estimator Tool from time to time. This is designed to give a rough order magnitude freight cost estimate to a User in advance of purchasing equipment. VT expressly disclaims any responsibility for inaccurate or incomplete information contained in the Freight Estimator Tool.

Bill of Lading: VT may on behalf of the Service Provider generate a bill of lading (“BOL”). [LM4] This BOL is only issued out of convenience. VT expressly disclaims any responsibility for inaccurate or incomplete information contained in the BOL.

Fees

VeriTread Pro Fees: High volume shippers can pay a monthly subscription fee. By paying monthly, a High Volume Shipper obtains unlimited usage inside the VT marketplace. High Volume Shippers always have the ability to use VT and its services as an in-house freight management system. High Volume Shippers are bound by the terms of their individual User agreement, but are still subject to these Terms of Use.

Shipper Matching Fees: If a User selects to list their load via the Auction Style[LM5], a matching fee will be assessed. This fee is calculated as a percentage (%) of total transport costs. VT only assesses the matching fee, and any and all other costs shall be between the Service Provider and the Shipping Customer directly.

You further warrant that You will not:

  • Cause another person, entity or agent to engage in any conduct, act or behavior intended to purposely circumvent or avoid any applicable fees charged by VT.
  • Enter into any transaction with a User, including, but not limited to, letter of intent, memorandum of understanding, whether written or verbal, or formal or informal, that circumvents or avoids VT’s absolute right to a fee for its services.

No Refunds or Cancellations

You understand that because our services are performed and delivered at the time of payment, no transactions may be cancelled after they have been initiated, and that VT shall have no obligation to refund any payments that You may make in connection with any transaction that You initiate for any reason.

Transportation

You expressly warrant that You are the owner/ lessee with sufficient vested rights to all equipment that You want to transport. You must legally be able to transport the equipment You list on this Site and/or solicit offers for the equipment to be moved throughout commerce.

Intellectual Property Rights

The trademarks, logos and service marks (collectively, “Marks”) owned by VT, whether registered or unregistered, may not be used in connection with any product or service unless VT expressly grants such a right via a written licensing agreement. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks without the express written permission of VT, its licensors or suppliers, or the third party owner of any such Marks. Unauthorized usage of any Mark is prohibited, and VT will aggressively enforce its intellectual property rights, including, but not limited to, all legal damages and equitable remedies.

Links to Third Party Sites

VT shall have the right to list any third party sites and links within this Site. VT is not responsible for the content of any websites owned or operated by third parties.

Disclaimer and Limitation of Liability

THIS SITE AND ALL CONTENT DISTRIBUTED AND TRANSMITTED ARE ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE. VT IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS, VIRUSES AND/OR CONTAMINATION OF YOUR SYSTEM. VT FURTHER DISCLAIMS ANY LIABILITY FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE OR WITH RESPECT TO CONTENT ON THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VT AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, OWNERS, MANAGERS, MEMBERS, AGENTS, EMPLOYEES AND ASSIGNS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE SERVICES OR INFORMATION PROVIDED BY VT AND/OR THIRD PARTIES.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Fraud

VT may suspend or terminate your account if we suspect that You have engaged in fraudulent activity in connection with this Site. Users engaged in soliciting a price quote for a move or bidding on services related to a move may not manipulate the bid price for any shipment or interfere with other Users’ listings or transactions.

Indemnity

You agree to indemnify, defend and hold VT and its affiliates and their respective officers, directors, shareholders, owners, managers, members, agents, partners, employees and assigns harmless from and against any and all claims, liability, losses, costs, including, but not limited to, attorney’s fees and any such other fees, arising out of your use of, or the inability to use, the Site and/or the services or information provided by VT and/or third parties. VT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You hereby agree to cooperate with VT in asserting any available defenses.

Governing Law

This Terms of Use and any relationship developed between the User and VT shall be governed by the laws of the State of Florida without regard to any provision of its laws, which would require the applicable laws of a different jurisdiction.

If a claim or dispute shall arise from these Terms of Use and/or the use of the Site, You agree to submit any and all claims or disputes to the personal and exclusive jurisdiction of the federal and state courts of Hillsborough County, Florida.

You agree without limitation to any applicable statute or law that any claim or dispute arising out of, or related to, the use of this Site or these Terms of Use, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

By using this Site and agreeing to these Terms of Use, You hereby agree to waive any right to trial by jury in connection with any dispute between You and VT and/or its affiliates and/or their respective officers, directors, shareholders, owners, managers, members, agents, employees and/or assigns.

VT is not responsible for disputes between Shipping Customers and Service Providers.

Miscellaneous

These Terms of Use together with VT’s privacy policy and any other policy posted on this Site are the entire agreement between VT and You relating to this Site. This Agreement supersedes any prior representations, discussions and/or communications or advertising relating to this Site. If any part of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, You agree that every attempt will be made to give effect to the parties’ objectives as reflected in that provision to the extent permitted by applicable law, and such a finding will not affect the balance of these Terms of Use, which will remain valid and enforceable.

Last updated: August 2014