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        <td class="loginterms" colspan="5" height="23" valign="middle">By logging in, you are agreeing to our <a href="terms.html">Terms of Service</a>.</td>
        <td width="22"></td>
      </tr>
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        <td valign="middle"><input type="text" name="username" placeholder="Enter Username" size="15" maxlength="15" autocomplete="off" required="required" autofocus=""></td>
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        <td valign="top"><input type="image" name="loginsubmit" src="./conditions_files/button-login.webp"></td>
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        <td class="loginterms" colspan="5" height="23" valign="middle">Accounts and user access are allowed at our discretion.</td>
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Text Content

 

By logging in, you are agreeing to our Terms of Service. Accounts and user
access are allowed at our discretion.

Carrier411 Overview Carrier Alerts Carrier Snapshots Carrier Locator Free 30-Day
Trial


TERMS AND CONDITIONS

Last Updated: January 1, 2020


1. Agreement to Terms and Conditions

These Terms and Conditions constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ("you") and Carrier411
Services, Inc. ("Company", "we", "us", or "our"), concerning your access to and
use of the carrier411.com website, products and services ("Services") as well as
any other media form, media channel, mobile website or mobile application
related, linked or otherwise connected thereto (collectively, the "Site"). You
agree that by accessing the Site, you have read, understood and agree to be
bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF
THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SITE AND MUST DISCONTINUE USE IMMEDIATELY.


Supplemental terms and conditions or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein by reference. We
reserve the right, in our sole discretion, to make changes or modifications to
these Terms and Conditions at any time and for any reason. We will alert you
about any changes by updating the "Last Updated" date of these Terms and
Conditions, and you waive any right to receive specific notice of each such
change. It is your responsibility to review these Terms and Conditions
periodically to stay informed of updates. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes in any
revised Terms and Conditions by your continued use of the Site after the date
such revised Terms and Conditions are posted.


Information on the Site is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, persons who choose
to access the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local
laws are applicable.


The Site is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA) and similar regulations). If your interactions
are subject to such regulations and laws, you may not use this Site. You may not
use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).


Accounts and access to the Site are allowed at our discretion. This is not a
service for trucking companies. We do not talk to carriers or allow carriers to
have accounts. We protect the logistics industry and do not allow accounts for
these business types:


 * • Trucking Companies
 * • Dispatch Services
 * • Attorneys and Law Firms
 * • Business Consultants
 * • Authority Services
 * • Compliance Services
 * • Staffing Agencies
 * • Outsourcing Services


Ineligible businesses that attempt to create accounts get blocked automatically
and are unable to access to our platform. We only allow accounts for companies
that are based in the United States or Canada. We only allow access to our Site
and Services for brokers, shippers, factors and other qualified logistics
industry professionals. Brokers must have active authority with FMCSA. We
monitor account activity and block unauthorized access attempts from data
centers, proxy servers, anonymizing VPNs, SD-WANs and foreign countries. The
Site is intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use the Site.


You might or will need to register and provide information about yourself and
company ("Registration Information"). You represent and warrant that: (a) all
Registration Information provided is true, accurate, current, and complete; and
(b) you will maintain and update the Registration Information to keep it true,
accurate, current, and complete. You will also have to provide username and
password credentials to access the Site and Services ("Account"). It is possible
that Account credentials may be provided to you by an Account administrator who
also manages your Account. You are responsible for all activity that occurs with
your Account and credentials.


You agree to maintain the confidentiality and security of your Account
information and credentials. You agree not to create, provide or share Account
credentials with any person that is not with your company. You further agree not
to allow access to your Account by any person that is not with your company,
including individuals at related companies, affiliated entities, our
competitors, and business types listed above that are ineligble to have an
Account. Individuals from staffing agencies and outsourcing services that may
perform work for you are classified by us as a third party and not your
employees. We do not permit anyone deemed by us as a third party to access your
Account or use the Site or Services without our express written permission. You
agree to notify us immediately about any actual or suspected unauthorized use of
your Account. At our discretion, we may assess you a $1,000 penalty for each
unauthorized access to your Account by a third party that used your Account
without our permission. You understand and agree you must provide us with a
verifiable physical address that is not a P.O. Box or virtual address (UPS
store, location that provides mailbox service, digital mailbox address,
coworking space, executive suite, virtual office) in order to be granted and
maintain an Account.


We maintain and archive many different data sets, including proprietary
information and data provided to us by FMCSA under subscription. The data
provided and made available by FMCSA is released at different intervals
throughout the week and month. It is subject to FMCSA release schedules we do
not control. We update FMCSA data on the Site as quickly as the data is
provided. There are times FMCSA has technical difficulties that interfere with
them releasing data. There are also times FMCSA has mistakes, inconsistencies,
errors, and omissions in the data that is released. You understand and agree
that is also something we cannot prevent or control. FMCSA data is made
available to you on our Site as it was provided or made available to us by
FMCSA. We calculate BASIC scores for interstate property carriers following the
SMS Methodology since FMCSA stopped releasing data about BASIC scores to the
public in November 2015. FMCSA data is provided to you "AS IS" and you further
agree we are not liable for it accuracy, timeliness or how it affects your
business, carrier selection process and hiring decisions.


You understand and agree the choice to select motor carriers is entirely yours
and based solely on your discretion and judgment. You further understand and
agree that we do not encourage or discourage the use of any particular motor
carriers, we do not participate in your carrier selection or hiring process, we
are not responsible or liable for your decisions and actions, the actions of
carriers you choose, or the consequences or your choices.


2. Changes to Site and Services

We are constantly improving our Site and Services. We may change, suspend or
discontinue any aspect of our Site or Services at any time. In the event of a
material change that permanently, materially diminishes your use of the Site,
you are entitled to change or terminate your subscription by providing written
notice. We may also impose limits or restrictions on some Services, features or
content or restrict your access to all or part of our Site or Services any time
at our discretion without notice.


3. Intellectual Property Rights

We protect and enforce our intellectual property rights. Unless otherwise
indicated, the Site is our proprietary property. Our intellectual property
portfolio consists of all trademarks, patents, trade dress, trade secrets,
source code, data, databases, data compilations, functionality, software,
schemas, file formats, copy, designs, systems, methods, processes, graphics,
audio, video, text, photographs and graphics on the Site (collectively, the
"Content") and the trademarks, service marks and logos contained therein (the
"Marks") are owned or controlled by us or licensed to us and are protected by
copyright and trademark laws and various other intellectual property rights and
unfair competition laws of the United States, international copyright laws, and
international conventions.


The Content and the Marks are provided on the Site "AS IS" for your information
and use only. Except as expressly provided in these Terms and Conditions, no
part of the Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any purpose
whatsoever, without our express prior written permission.


Provided that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy of any
portion of the Content to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not expressly granted to you
in and to the Site, the Content and the Marks.


4. User Representations

By using the Site, you represent and warrant that: (1) all information you
submit will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms and
Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5)
you will not access the Site through automated or non-human means, whether
through a bot, script or otherwise; (6) you will not use the Site for any
illegal or unauthorized purpose; and (7) your use of the Site will not violate
any applicable law or regulation.


If you provide information that is untrue or abusive, inaccurate, not current or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Site (or any portion thereof) and
Services.


5. Account Application

You are required to submit a trial account application on the Site if you would
like to join. We reserve the right to refuse any account application made
through the Site. When you are issued a username and password for the Site, you
agree to keep that information confidential and will be responsible for all use
of your account and credentials. We reserve the right to remove, reclaim or
change a username or password you select if we determine, in our sole
discretion, that such login credentials do not meet our security standards or
are inappropriate, obscene or otherwise objectionable.


6. Fees and Payment


There is a recurring monthly fee for an account if you join. You may also be
able to purchase account upgrades using the Site. You agree to provide current,
complete, and accurate purchase and account information for all purchases made
using the Site. You further agree to update account and payment information
promptly, including email address and payment card details, so we can complete
your transactions and contact you as needed. We charge you through an online
payment system for purchases made via the Site. Sales tax may be added to the
price of purchases as deemed required by us. We may change prices at any time.
All payments shall be in U.S. dollars.


You agree to pay all charges or fees at the prices then in effect, and you
authorize us to charge your chosen payment provider for any such amounts. Your
account is subject to recurring charges, and you consent to us charging your
payment method on a recurring basis without requiring your prior approval for
each recurring charge, until you notify us of your cancellation. We reserve the
right to correct any errors or mistakes in pricing, even if we have already
requested or received payment.


7. Cancellation

Please contact us if you are dissatisfied, want to cancel your account or change
certain Services. All charges are non-proratable and non-refundable. You can
cancel your account any time by contacting us. Cancellation will be effective
immediately. Accounts and use of certain Services and access to the Site are
allowed at our discretion.


8. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we
make the Site available. The Site may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
us. We do not tolerate double brokering. If we discover double brokering
activity, your account may be cancelled without notice, and access to the Site
and Services may be terminated on a permanent basis. Sharing account information
or allowing anyone not with your company to sign in to your account will result
in account cancellation without notice.


As a user of the Site, you agree not to:


1. Systematically retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.

2. Circumvent, disable, or otherwise interfere with security-related features of
the Site, including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Site and/or the Content
contained therein.

3. Engage in unauthorized framing of or linking to the Site.

4. Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information, such as login credentials.

5. Make improper use of our support services or submit false reports.

6. Engage in any automated use of the Site including scraping or using any data
mining techniques, robots or similar data gathering and extraction tools or
methods, such as using scripts to send comments, messages, and requests designed
to check or retrieve data or information.

7. Interfere with, disrupt or create any undue burden or overhead on the Site,
infrastructure, networks or services connected to the Site.

8. Attempt to impersonate another user or person or use the login credentials of
another user.

9. Use any information obtained from the Site in order to harass, abuse or harm
another person or business.

10. Use the Site as part of any effort to compete with us or otherwise use the
Site and/or the Content for any revenue-generating endeavor or commercial
enterprise.

11. Decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of the Site.

12. Attempt to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the Site.

13. Harass, annoy, intimidate or threaten any of our employees or agents engaged
in providing any portion of the Site to you.

14. Delete the copyright, trademark or other proprietary rights notice from any
Content.

15. Copy or adapt the Site’s software or data provided, including but not
limited to markup language, JavaScript or other code.

16. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
party’s use and enjoyment of the Site or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation or maintenance of the
Site.

17. Except as what may be the result of standard search engine or browser usage,
use, launch, develop or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper or offline reader that
accesses the Site, including using or launching any unauthorized script or other
software.

18. Disparage, tarnish or otherwise harm, in our opinion, us and/or the Site.

19. Use the Site in a manner inconsistent with any applicable laws or
regulations.


Any use of the Site in violation of the foregoing violates these Terms and
Conditions and may result in, among other things, immediate termination or
suspension of your account without notice and the inability to access or use the
Site on a permanent basis.


9. User Generated Contributions

The Site may invite you to chat, contribute to or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish,
distribute or broadcast content and materials to us or on the Site, including
but not limited to text, writings, video, audio, photographs, graphics,
comments, reports, suggestions, personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of
the Site and through third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary. When you create
or make available any Contributions, you thereby represent and warrant that:


1. The creation, distribution, transmission, public display, or performance, and
the accessing, downloading or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site, and
other users of the Site to use your Contributions in any manner contemplated by
the Site and these Terms and Conditions.

3. When applicable or relevant, you have the written consent, release, and/or
permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Site and these Terms and Conditions.

4. Your Contributions are not false, inaccurate or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising,
promotional requests, promotional materials, pyramid schemes, chain letters,
spam, mass mailings or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous or otherwise objectionable (as determined by
us).

7. Your Contributions do not ridicule, mock, disparage, intimidate or abuse
anyone.

8. Your Contributions do not advocate the violent overthrow of any government or
incite, encourage or threaten physical harm.

9. Your Contributions do not violate any applicable law, regulation or rule.

10. Your Contributions do not violate the privacy or publicity rights of any
third party.

11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of
18 in a sexual or violent manner.

12. Your Contributions do not violate any applicable law concerning child
pornography or otherwise intended to protect the health or well-being of minors.

13. Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms and Conditions or any applicable law or
regulation.


Any use of the Site in violation of the foregoing violates these Terms and
Conditions and may result in, among other things, immediate termination or
suspension of your account without notice and the inability to access or use the
Site on a permanent basis.


10. Contribution License

By posting your Contributions to any part of the Site, you automatically grant,
and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate
into other works, such Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through
any media channels.


This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.


We are not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us regarding
your Contributions.


We have the right, in our sole and absolute discretion, (1) to edit, redact or
otherwise change any Contributions; (2) to re-categorize any Contributions to
place them in more appropriate locations on the Site; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without notice. We have
no obligation to monitor your Contributions.


11. Guidelines for Reviews and Reports

We may provide you areas on the Site to leave reviews, ratings and reports. When
posting such information, you must comply with the following criteria: (1) you
should have firsthand experience with the person/entity being reviewed or
reported; (2) your reviews or reports should not contain offensive profanity, or
abusive, racist, offensive or hate language; (3) your reviews or reports should
not contain discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation or disability; (4) you should
not be affiliated with competitors; (5) you should not make any conclusions as
to the legality of conduct; (6) you may not post any false or misleading
statements; (7) you may not organize a campaign encouraging others to post
reviews or reports, whether positive or negative; and (8) reports should be
based on documented, provable, verifiable facts and not subjective opinions.


We may accept, reject or remove reviews, reports and similar information in our
sole discretion. We have absolutely no obligation to screen reviews or reports,
or to delete them, even if anyone considers the information objectionable or
inaccurate. Reviews and reports are not endorsed by us, and they do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or report or for any claims,
liabilities or losses resulting from any review or report. By posting a review
or report, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display, perform and/or
distribute all content relating to reviews or reports.


12. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information regarding the Site ("Submissions") provided by you
to us either verbally or in writing are non-confidential and shall become our
sole property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination
of these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any
such Submissions, and you hereby warrant that any such Submissions are original
with you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.


13. Third-Party Websites and Content

The Site may contain (or you may be sent via the Site) links to other websites
("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and
other content or items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and Third-Party Content are
not investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites
accessed through the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or the Third-Party Content. Inclusion of,
linking to, or permitting the use or installation of any Third-Party Websites or
any Third-Party Content does not imply approval or endorsement thereof by us. If
you decide to leave the Site and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own risk, and you should be
aware these Terms and Conditions no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices,
of any website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you make through
Third-Party Websites will be through other websites and from other companies,
and we take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by your
purchase of such products or services. Additionally, you shall hold us harmless
from any losses sustained by you or harm caused to you relating to or resulting
in any way from any Third-Party Content or any contact with Third-Party
Websites.


14. Advertisers

We may allow advertisers to display advertisements and other information in
certain areas of the Site. If you are an advertiser, you shall take full
responsibility for any advertisements you place on the Site and any services
provided on the Site or products sold through those advertisements. Further, as
an advertiser, you warrant and represent that you possess all rights and
authority to place advertisements on the Site, including, but not limited to,
intellectual property rights, publicity rights and contractual rights.
Advertisers and advertisements are allowed at our discretion.


15. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms and Conditions; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Terms and
Conditions, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Site
or otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and facilitate functionality of the
Site.


16. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By
using the Site, you agree to be bound by our Privacy Policy, which is
incorporated into these Terms and Conditions. Please be advised the Site is
hosted in the United States. If you access the Site from any other region of the
world with laws or other requirements governing personal data collection, use,
or disclosure that differ from applicable laws in the United States, then
through your continued use of the Site, you are transferring your data to the
United States, and you agree to have your data transferred to and processed in
the United States.


17. Term and Termination

These Terms and Conditions shall remain in full force and effect while you use
the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND
CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION
THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.


If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name
or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account and membership, we
reserve the right to take appropriate legal action, including without limitation
pursuing civil, criminal and injunctive redress.


18. Modifications and Interruptions

We reserve the right to change, modify or remove contents of the Site at any
time or for any reason at our sole discretion without notice. However, we have
no obligation to update any information on our Site. We also reserve the right
to modify or discontinue all or part of the Site or Services without notice at
any time. We will not be liable to you or any third party for any modification,
price change, suspension or discontinuance of the Site or Services.


Even though we designed our systems, networks, security and infrastructure for
resilience and redundancy, planned for and take every measure possible to ensure
Site availability and access, we cannot guarantee the Site will be available or
accessible at all times to everyone. There may be issues and circumstances
beyond our control. We may also experience cyber attacks, hardware, software, or
other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays or errors. We reserve the right to change, revise, update,
suspend, discontinue or otherwise modify the Site at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any
loss, damage or inconvenience caused by your inability to access or use the Site
during any downtime or discontinuance of Services. Nothing in these Terms and
Conditions will be construed to obligate us to maintain and support the Site or
to supply any corrections, updates or releases in connection therewith.


19. Governing Law

These Terms and Conditions and your use of the Site are governed by and
construed in accordance with the laws of the State of Florida applicable to
agreements made, without regard to its conflict of law principles.


20. Dispute Resolution

If we have to pursue legal action against you to enforce these Terms and
Conditions, or any other violations, you expressly agree to bear the costs of
such enforcement, including all attorneys’ fees and court costs.


Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim
related to these Terms and Conditions (each "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.


Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations,
the Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and, where appropriate,
the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the AAA website adr.org.


Arbitration fees and your share of compensation shall be governed by AAA
Consumer Rules and, where appropriate, limited by AAA Consumer Rules.
Arbitration may be conducted in person, through the submission of documents, by
phone or online. The arbitrator will make a decision in writing but need not
provide a statement of reasons unless requested by either Party. The arbitrator
must follow applicable law, and any award may be challenged if the arbitrator
fails to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Seminole County, Florida.
Except as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate
or enter judgment on the award entered by the arbitrator.


If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in state court located in Seminole
County, Florida or federal court located in Orange County, Florida, and the
Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and jurisdiction in
such state and federal courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Terms and
Conditions.


If this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that
court.


Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between
the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of the general
public or any other persons.


Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations and binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.


21. Corrections

There may be information on the Site that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies or omissions and to change or update the information on the Site at
any time without prior notice.


22. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE
OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE
SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED, OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.


23. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO
HIRING DECISIONS OR CARRIER SELECTION, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


24. Indemnification

You agree to defend, indemnify and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees
from and against any loss, damage, liability, claim or demand, including
reasonable attorneys' fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these
Terms and Conditions; (4) any breach of your representations and warranties set
forth in these Terms and Conditions; (5) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (6) any
overt harmful act toward any other user of the Site with whom you connected via
the Site. Notwithstanding the foregoing, we reserve the right, at your expense,
to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.


25. User Data

We maintain certain data you transmit to the Site for managing the performance
of the Site, as well as data relating to your use of the Site. Although we
perform regular routine backups of data, including remote storage and disaster
recovery, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree that we
shall have no liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any such loss or
corruption of data.


26. Electronic Communications, Transactions and Signatures

Visiting the Site, sending us emails and completing online forms constitute
electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures and other communications we
provide to you electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances or other laws in any
jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means
other than electronic means.


27. California Users and Residents

If any complaint from users and residents of California is not satisfactorily
resolved, you can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs.


28. Miscellaneous

These Terms and Conditions and any policies posted on the Site or in respect to
the Site constitute the entire agreement and understanding between you and us
and supersede any prior or contemporaneous communication (whether oral, written
or electronic) between you and us regarding the Site and Services. Our failure
to exercise or enforce any right or provision of these Terms and Conditions
shall not operate as a waiver of such right or provision. These Terms and
Conditions operate to the fullest extent permissible by law. We may assign any
or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay or failure to act caused by
any cause beyond our reasonable control. If any provision or part of a provision
of these Terms and Conditions is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Terms and Conditions and does not affect the validity and enforceability
of any remaining provisions. There is no joint venture, partnership, employment
or agency relationship created between you and us as a result of these Terms and
Conditions or use of the Site. You agree that these Terms and Conditions will
not be construed against us by virtue of having drafted them. You hereby waive
any and all defenses you may have based on the electronic form of these Terms
and Conditions and the lack of signing by the parties hereto to execute these
Terms and Conditions.

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