Effective as of October 24, 2015
1. “Application” or “Load Board King” refers to the computer program that runs on a mobile phone or computing device which allows Users to post and bid on freight and cargo shipments;
2. “Service” refers to the services provided by us through, and in connection with, the Application and the Site;
3. “Site” refers to the internet domain LoadBoardKing.com, including all of its sub-domains, if and when such sub-domains become active and available to Users;
4. “User” or “Users” refers to users of the Site, the Application and/or the Service;
5. “we,” “us,” and “our” refer to Advations, LLC, a Texas limited liability company, the publisher of Load Board King; and
6. “you” refers to you, as a User.
ABOUT THE SERVICE
The Service allows you to post information regarding freight and cargo that you desire to have transported (“User Content”) to permit you to connect with transportation companies providing the shipping services that you may require. When you sign up for the Service, in order to access the Service and receive messages from us, you will be required to provide a valid email address, mailing address, create a site password, and provide payment information. Once you publish User Content on the Site or the Application, the Service enables Users that are transportation companies to access and view such User Content to the extent your settings allow such access.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You agree to notify us immediately of any unauthorized use of your password and/or account. We are not responsible for any liabilities, losses, or damages arising out of the unauthorized use of your email address, password and/or account.
You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Site or the Application. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
1. post any User Content or other information on the Application or the Site that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
2. use the Service for any unlawful purpose or for the promotion of illegal activities;
3. attempt to, or harass, abuse, or harm another person or group;
4. use or access another User’s account without such User’s permission;
5. provide false or inaccurate information when registering an account;
6. interfere or attempt to interfere with the proper functioning of the Service;
7. make any automated use of the Site, Service, or Application or the underlying systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; or
8. bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or publish or link to malicious content intended to damage or disrupt another User’s browser or computer.
You hereby affirm we have the right to determine whether you have violated these Use Restrictions, the right to remove any and/or all of your submissions, and the right to terminate your account with or without prior notice.
POSTING AND CONDUCT RESTRICTIONS
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
1. You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
2. You will not post information that is malicious, false or inaccurate; and
3. You will not submit User Content that is copyrighted or subject to third party intellectual property or proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content.
You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Posting and Conduct Restrictions, the right to remove any and/or all of your submissions, and the right to terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. We are not responsible for any theft of User data that may occur, including the theft of credit card or other payment information. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
ONLINE CONTENT DISCLAIMER
User Content, opinions, advice, statements, offers, or other information or content made available through the Site, the Service or the Application, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site, the Service or the Application, and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any User Content, opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content or links to other Sites that you or any other User or third party posts or sends over the Service via the Site or the Application. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, the Service or the Application, or otherwise transmitted to Users.
LINKS TO OTHER SITES AND/OR MATERIALS
COPYRIGHT COMPLAINTS AND DESIGNATED COPYRIGHT AGENT
Termination of Repeat Infringer Accounts:
We respect the intellectual property rights of others and request that Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of Users who are repeat infringers of the copyrights and other intellectual property rights of others. We may terminate access for Users who are found repeatedly to provide or post to the Site or the Application any protected third-party content without necessary rights and permissions.
DMCA Take-Down Notification:
For the purpose of this Section 2 only, “you” or “your” shall refer to the owner of a copyright or someone acting on behalf thereof, believing that materials on the Site or Application infringe on such owner’s intellectual property rights.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Site or the Application infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our designated copyright agent at the address listed below:
(a) The date of your notification;
(b) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(c) Identification and description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(d) Identification and description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
(e) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
(f) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(g) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated copyright agent’s address is as follows:
Nathan Sommers Jacobs, a Professional Corporation
2800 Post Oak Blvd., 61st Floor
Houston, TX 77056
If you believe that your User Content that has been removed from the Site or the Application does not infringe on the intellectual property rights of others, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in such User Content, you may send a counter-notification containing the following information to our designated copyright agent using the contact information set forth above:
(a) Your physical or electronic signature;
(b) Identification and description of the material that has been removed and the location at which the material appeared before it was removed or access to it was disabled;
(c) A statement, under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or a misidentification of such material; and
(d) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal district courts in Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement or such person’s agent.
If a counter-notification is received by our designated copyright agent, we may send a copy of the counter-notification to the original complaining party informing such person that it may reinstate the removed User Content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed content may (in our discretion) be reinstated on the Site or the Application, as applicable, in 10 to 14 business days or more after receipt of the counter- notification.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE TO US
Communications made through the Site’s email and messaging system or via the Application, will not constitute legal notice to us or any of our officers, employees, agents or representatives in any situation where notice to us is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
1. You consent to receive communications from us in an electronic form via the email address you submitted when registering at the Site or the Application;
3. We may use your email address, to send you other messages, including information about Load Board King and special offers. You may opt out of such email by changing your account settings or sending an email to email@example.com. Opting out may, however, prevent you from receiving messages regarding Load Board King or special offers.
THE SERVICE, THE SITE AND THE APPLICATION ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE, THE SITE AND THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE. THIS PROVISION MAY NOT APPLY TO YOU IF YOUR JURISDICTION LIMITS OR DOES NOT PERMIT DISCLAIMERS OF WARRANTY.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR MEMBERS, MANAGERS, OFFICERS, AGENTS, AFFILIATES, CONTRACTORS, LICENSORS, JOINT VENTURES, PARTNERS, OR EMPLOYEES, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (1) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (2) YOUR USE OR INABILITY TO USE THE SERVICE, THE SITE OR THE APPLICATION; (3) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (4) ANY OTHER INTERACTIONS WITH US OR ANY OTHER USER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS PROVISION MAY NOT APPLY TO YOU IF YOUR JURISDICTION LIMITS OR DOES NOT PERMIT DISCLAIMERS OF LIABILITY.
If you have a dispute with one or more OTHER Users, you release us (and OUR DIRECTORS, OFFICERS, AGENTS, AFFILIATES, LICENSORS, JOINT VENTURES, PARTNERS, AND EMPLOYEES) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree that any cause of action related to, or arising out of, your relationship with us must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms were last updated on November 5, 2015.