Terms of Service & Freight Directory Agreement
TransportDirectory.com shall always try to provide the very best service we can and operate our site according to the best business practices in the transportation industry. These terms and conditions are intended to be an overview of our services to avoid misunderstandings. This document is not intended to be all inclusive since the freight directory technology and system consists of the almost unlimited possibilities to create shipper and transport carrier sub directory libraries for the various freight transaction documents that no agreement could contain all the rules for possible use.
Your subscription to our service and use of our freight directories is acceptance by you and your company of the terms and conditions in this Agreement. We understand the person who registers your company at a Freight Directory Site has full authority to do so, and we rely on you and your company's assurance.. If anyone else uses your account, they are also subject to the terms of this Agreement. We ask, and you agree, that any such user has read this Agreement and accepts it. By using the site, it is implied that that person understands all of the terms and conditions of this Agreement and agree to abide and be bound by them
We continually make changes and updates. You agree that NationalTransportDirectory.com can make changes in our sole and independent discretion to this site, post it on the site and you will abide by the changes and be bound by the terms. It will be your responsibility to inspect this agreement for those changes.
Motor Carrier Qualification and Monitoring
Upon annual renewal of a Freight Directory site NationalTransportDirectory.com shall review current Federal Motor Carrier Safety Administration information provided by the FMCSA. To maintain a freight directory site a Transport Carrier shall maintain a current, accurate and complete link to the FMCSA web site. In addition a Transport Carrier site must contain evidence, publicly or privately evidence of motor carrier insurance coverage, including but not limited to bodily injury and property damage limits, cargo insurance coverage, policy numbers, insurance company name and contact information.
NationalTransportDirectory.com will constantly monitor this information for you, so if and when there is a change in a company's insurance, surety bond, operating authority or safety rating, we will notify you that change has taken place. If updated information is not timely provided or the annual renewal fee is not received we will delete all the directory information from the site. NationalTransportDirectory.com will provide for a restatement period that will not exceed 30 days.
We Maintain Current Information
The information provided is maintained by the Federal Motor Carriers Safety Administration (FMCSA). Federal Motor Carriers Safety Information is obtained directly from the US Department of Transportation and may not be current, accurate and complete. Although it is as reliable and current as the government can make, it is reasonable to provide supplemented information such as safety compliance reports, etc. that will enhance the transport carrier to be selected as both a prequalified and preferred transport carrier.
Hold Harmless Agreement
Subscribers agree to release NationalTransportDirectory.com, its officers, employees and agents from all claims, liability, obligations, demands and damages, actual and consequential, of every kind and nature, known or unknown, in any way connected with such disputes and to hold us harmless from all liability and damages. We will do everything we can to create a positive experience for all Directory Site Users, and we will act promptly on your comments and suggestions, but we cannot control the conduct or business ethics of shippers and transport carriers using the freight directories.
Links to other websites are permissible that are not controlled or owned by NationalTransportDirectory.com. We are not responsible for the content and you agree to hold us harmless against any liability resulting from your use of those sites.
Freight Directories limited to direct Shippers and Shipper Agents affiliated with asset based Transport Carriers listed on NationalTransportDirectory.com’s National Transport Carrier Directory.
The system is designed for Shippers that want to do business directly with a Transport Carriers having a freight directory listed on the National Transport Carrier Directory without using intermediaries that simply buy and resell freight movements for a commission. Shipper Agents (brokers, freight forwarders and logistical companies) affiliated with a Transport Carrier are listed as shipper agents and have a freight directory listed at the National Shipper Directory.
NationalTransportDirectory.com believes that non-asset based brokers, freight forwarders and logistical companies with no rolling revenue equipment and not affiliated with a transport carrier are not privy or sensitive to the current cost of transport sufficient to include a fair and reasonable return on invested capital. Correspondingly they maximize profits by buying and selling freight movements to transport carriers at the lowest possible commodity price. This maximized profit increases the shipper’s freight cost and denies the transport carrier’s full recovery of transport cost to less than the current market cost. This drives transport carriers out of the marketplace and further increases freight transport costs.
So by subscribing to our service and using our website, you agree that transport carriers are entitled to recover their current market cost of transportation to include a fair and reasonable return on invested capital and that dealing directly with transport carriers will yield the lowest competitive freight costs determined in a competitive environment.
Your Username and Password
If you learn that an unauthorized person or company has obtained your login information, please notify us immediately so it can be changed. Otherwise, you can log in to your freight directory and change your information.
Intellectual Property
Everything you read and see on our website is copyrighted and owned by NationalTransportDirectory.com and is protected by U.S. and international copyright, trademark and other intellectual property laws. The content on our website may not be distributed, copied, displayed, reproduced or transmitted in any form or manner without the written consent of NationalTransportDirectory.com
Our intellectual property portfolio consists of source code, schemas, file formats, graphics, images, copy, designs, systems, methods, processes, the "look and feel" of our website and the copyright in and to its original content, systems, methods and processes, as well as logos, trademarks, patents, trade dress and trade secrets.
Use as a company Website Prohibited
While we allow uploads of documents that link or act as a substitute for a website, NationalTransportDirectory.com does not permit a directory listing to substitute for a company’s own website.
Cancellation of Service
Cancellations must be made in writing via fax or email. Cancellations are to be faxed to (605) 336-56039. The date of cancellation will be when it is received by NationalTransportDirectory.com and thus ends this agreement. Any Monthly charges paid before cancellation will not be refunded. NationalTransportDirectory.com reserves the right to allow accounts, and at its sole discretion, to cancel this agreement and discontinue service at any time.
Disclaimers, Limitations of Liability and Indemnification
The information offered through NationalTransportDirectory.com is constantly changing by design and necessity. WE PROVIDE THE FREIGHT DIRECTORY SITES AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty related provision may give you specific legal rights and you may also have other legal rights which vary from state to state. IN NO EVENT SHALL WE 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 YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY YEAR $720. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. You agree as a registered user to indemnify and hold harmless NationalTransportDirectory.com from all damages resulting from claims made against NationalTransportDirectory.com relating to both your authorized use and misuse of this website and service. In no event shall we be liable or responsible for consequential, indirect, incidental, statutory or punitive damages as a result of the information provided.
Dispute Resolution
NationalTransportDirectory.com is focused on the business of providing freight directories where shippers and transport carriers can do business directly and want to make sure that our entire organization is available to answer your questions. We want to make our service and your business successful. Therefore, you agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving NationalTransportDirectory.com, shall be settled by binding arbitration in accordance with the commercial arbitration 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 Minnehaha County, Sioux Falls, SD and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or NationalTransportDirectory.com may seek any interim or preliminary relief from a court of competent jurisdiction in Minnehaha County, Sioux Falls, SD necessary to protect the rights or property of you or NationalTransportDirectory.com pending the completion of arbitration.
General Provisions
We want to make sure that the rules governing our relationship are well understood by all parties. In furtherance of this effort, the following general terms govern our relationship, this Agreement and your use of the website: This is the entire Agreement governing the use of the NationalTransportDirectory.com freight directories and the NationalTransportDirectory.com site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of South Dakota, without regard to that state's provision for conflict of laws. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of NationalTransportDirectory.com in accordance with applicable law, and the remainder of the Agreement shall remain in full force. A freight directory user shall pay all reasonable costs and attorney fees incurred by NationalTransportDirectory.com in enforcing the terms of this Agreement. This Agreement binds and ensures to the benefit of each party's permitted successors and assigns, and NationalTransportDirectory.com may assign its right to payments and assign this Agreement without subscriber's consent. The headings in this Agreement are for convenience only and do not alter the rights and obligations of the parties. The explanatory phrases and terms used in the Agreement are illustrative examples, and other reasons may exist justifying and/or explaining the existence of certain terms. The provisions of this Agreement are not for the benefit of any third party.