The following Terms & Conditions (“Terms & Conditions”) govern the use of the Getloaded service which may consist of web sites, mobile applications, installed applications, and service offerings (“Service”). Use of the Getloaded Service is acceptance by you (“You”) of these Terms & Conditions. “You” refers to the individual using the Service and if You use the Service on behalf of a corporation, LLC, partnership, or other business entity, then You shall include that business entity and any individuals associated therewith using our Service.
Once You accept these Terms & Conditions, You hereby acknowledge and agree that at anytime, and at its sole discretion, Getloaded may modify the Terms & Conditions by posting the modified Terms & Conditions on the Service, accessible via a link entitled Getloaded Terms & Conditions associated with this Service and/or site or any successor site explicitly designated. If You do not agree to these Terms & Conditions, You are not granted permission to use the Service.
- APPROPRIATE USE
- That your use of the Getloaded Service is solely for your commercial purposes related to your business and that You shall not reproduce, republish, resell, or distribute Getloaded information in any format, in whole or in part, for sale or commercial use by third parties.
- Your access or use of the Service is not for the purpose of competing with Getloaded with respect to its Services offered. You agree any violation shall create irreparable harm.
- That without prior written permission of Getloaded, You will not allow non-registered users access to the Getloaded Service and will never provide your password to any non-registered user, nor will You share any information from the Service with any non-authorized users. It is a violation of these Terms & Conditions to share your login.
- You shall not resell or assign your rights or obligations under these Terms & Conditions.
- You agree that any violation of the above may result in (1) immediate termination of your registration and access to the Service, (2) enforcement by Getloaded availing itself of any legal remedy under state and/or federal law. If a legal remedy is sought by Getloaded, You shall be responsible for legal costs, including without limitation, reasonable attorney fees.
- You shall conduct your business in an ethical manner and shall not engage in any illegal, deceptive, misleading or fraudulent practice.
- GETLOADED DISCLAIMER.
Getloaded presents information in many ways and always as a service to You. Our goal is to provide the most accurate information available in our complex and constantly changing transportation marketplace. While we endeavor to be as accurate and timely as possible, we make no warranty or guarantee concerning accuracy, reliability, completeness, or suitability, and provide all information AS IS. Use of our Service is at your own risk.
- CHANGE TO TERMS & CONDITIONS/SERVICE & DISCONTINUANCE.
Getloaded may, from time to time, at our sole discretion, make changes to certain of the Terms & Conditions. Notification of any changes will be highlighted on the Getloaded Service associated with these Terms & Conditions or site, accessible via a link entitled Getloaded Terms & Conditions. Your continued use of the Service after any changes shall constitute your agreement. Getloaded reserves the right (1) to modify, discontinue or suspend any aspect of our Service or site at anytime, and (2) to impose limitations/restriction or restrict access to our Service without notice or liability.
Getloaded may disclose to You, or You may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software technologies, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by these Terms & Conditions. Any disclosure of Our Information to a third party, specifically including a direct competitor, is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of the Service or any agreement associated herewith. Furthermore, You acknowledge that Our Information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
- INTELLECTUAL PROPERTY.
All content on our Service (e.g., text, applications, graphics, forums, logos, trademarks, information, and software) is the property of Getloaded and is protected by U.S. and international copyright, trademark and other intellectual property laws. The content on our site or provided through our Service may not be distributed, copied or displayed, reproduced or transmitted in any form or manner whatsoever unless You have previously obtained permission from an authorized officer of Getloaded.
- OTHER SITES.
This Service may, from time to time, contain links to other Internet websites for the convenience of users in locating information, products, or services that may be of interest. These sites and any other sites operated or maintained by third parties are operated or maintained by organizations over which Getloaded exercises no control, and Getloaded expressly disclaims any and all responsibility for the content, information, links, and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on these third-party sites. Getloaded does not control, endorse, promote, or have any affiliation with any other website unless expressly stated herein.
- COMMUNICATIONS WITH THE SERVICE.
Getloaded welcomes your feedback and suggestions about how to improve our Service. By transmitting any suggestions, information, material, or other content (collectively, “User Content”) to Getloaded, You automatically grant Getloaded the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such User Content (in whole or part) throughout the universe and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. Further, Getloaded is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications You send to this Service for any purpose whatever, including, but not limited to, creating and marketing products or services using such information.
- DISCLAIMER OF WARRANTY AND LIABILITY.
THE SERVICE AND THE CONTENT ON AND MADE AVAILABLE HEREIN, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE ON AN “AS IS” BASIS ONLY. USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. GETLOADED MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SERVICE AND THE CONTENT ON AND MADE AVAILABLE THROUGH THE SERVICE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT. Getloaded shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including, without limitation, lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Service, the content, or the products or services connected therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail their essential purpose. You acknowledge that Getloaded’s sole obligation and exclusive responsibility in the event of material and continuing non-conformity, defect or error in the Service shall be to take reasonable corrective actions upon discovery of the problem, and in no event shall Getloaded and/or its third party information provider’s cumulative liability under these Terms & Conditions exceed the total fees paid by You to Getloaded during the preceding 6 months. Getloaded’s liability is limited to the fullest extent permitted by law.
You agree to defend, indemnify, and hold harmless Getloaded, its contractors/subsidiaries/affiliated companies, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including without limitation attorneys’ fees and litigation expenses) relating to or arising from the Service, your use of the Service (or any derivatives of the Service offered to You) or any use under your password whether or not authorized by You, your fraud, violation of law, or willful misconduct, and any breach by You of these Terms & Conditions, including, but not limited to, your use of our site, uploading, emailing, posting, publishing, transmitting or submitting any content related to our site, or any misrepresentation, breach of warranty or certification made by You.
- PRIVACY STATEMENT.
Getloaded respects your privacy and security. Getloaded’s goal is to provide You with a personalized Internet experience that delivers the information, resources, and Services that are most relevant and helpful to You. In order to achieve this goal, Getloaded may collect information during your visits to understand what differentiates You from other users. This Privacy Statement incorporated and made a part hereof, discloses the information gathering and dissemination practices of Getloaded and can be viewed at www.getloaded.com.
- GENERAL PROVISIONS.
Certain features, programs, products or services may contain separate terms and conditions, which are in addition to these Getloaded Terms & Conditions. In the event of conflicting provisions, the additional terms and conditions will govern.
You accept that Getloaded has the right to change the content or technical specifications of any aspect of the Service at any time, at its sole discretion. 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 and the Service. These are the entire Terms & Conditions governing the use of Getloaded Services. No delay by either party shall waive rights under these Terms & Conditions. These Terms & Conditions are governed by, and are to be construed in accordance with, the laws of Delaware, without regard to that state’s conflict of laws provisions. No waiver of any breach of these Terms & Conditions shall be a waiver of any other provision of these Terms & Conditions, and no waiver shall be valid unless in writing signed by the parties. If any provision of these Terms & Conditions is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Getloaded in accordance with applicable law and the remainder of the Terms & Conditions shall remain in full force. These Terms & Conditions bind and inure to the benefit of each party’s permitted successors and assigns and Getloaded may assign its right to payments and assign these Terms & Conditions without user’s consent. The headings in these Terms & Conditions are for convenience only and do not alter the rights and obligations of the parties. The explanatory phrases and terms used in the Terms & Conditions are illustrative examples and other reasons may exist justifying and/or explaining the existence of certain terms. The provisions of these Terms & Conditions are not for the benefit of any third party.
- CUSTOMER FEEDBACK.
If You have any suggestions, ideas or questions about these Terms & Conditions or our Service, please do not hesitate to let us know. We value your feedback and realize that your thoughts and ideas are often some of the best we receive. Please contact us via email at [email protected], or by telephone at 888.565.3921.