| Terms of Use |
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User Agreement This document describes the terms with which NAEC (known as www.shipitquick.com) offers you access to our sites. This agreement describes the terms and conditions applicable to your use of our services available under the above domains. Once you accept the terms and conditions of this Agreement, you hereby agree and acknowledge that at anytime and in our sole discretion, we may effectively modify the terms and conditions of this Agreement by posting the modified Agreement with its new terms and conditions on the above websites. All modified terms and conditions shall take effect immediately after posting to the above websites. You agree and consent to any and all modified terms and conditions hereunder. This Agreement may not be modified, amended, and/or changed by you in any manner. Furthermore, you agree that we may modify this Agreement or discontinue our website at anytime and without notice and without any liability or responsibility to you. This agreement is effective on April 12th, 2009 for all users and we also reserve the right to change or modify this user agreement at anytime without notice. 1. NAEC (known as www.shipitquick.com) are an Independent, Neutral Service. NAEC is not a Trucking Company, Broker, Carrier, Shipping Provider, freight forwarder or anything of the such. Our site(s) act as a venue where Shippers and Trucking Companies,Shipping Providers, Carriers (further known as Subscribers) can meet and enter into agreements. We are not involved in the actual transaction between Subscribers. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. NAEC does not pre-qualify or validate the claims of Subscribers including with respect to their licensure, insurance, and registration. We and our website(s) function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a shipping service. We are the neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between Subscribers, we have no control over the accuracy of listings, the ability of Subscribers to transport items, or the ability of shippers to send items. We cannot ensure that a shipper or Subscribers will actually complete a shipment. 2. Membership Your membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Members who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the website is for services only and that work that you provide will only involve services. You agree that you will not use your participation in the above named website(s) as a means to sell any types of goods or products, unless specifically allowed by NAEC. Our site(s) is for the “service” of transportation services only, no illegal goods or services are permitted on our site at anytime. 3. Other Terms and Conditions You agree that we have the discretion to set forth and post additional terms and conditions for your use of the website(s) at various places throughout the website. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern. 4. Fees Fees options are listed below and may change without notice. We are currently offering free subscriptions for 6 months, up to the end of the calendar year, ending December 31, 2009.
Your card or paypal payment will then be taken from your account every 30 days. If at any time you would like to cancel your membership, you must email or call us to cancel. If you cancel before your monthly renewal date, you will continue to receive the service until your billing cycle starts over for the next month. After that time your account will be deleted from our system. We will not store your information in our database. If you choose to renew your membership at a later date you must complete a new application for membership. *Prices are subject to change without notice* We charge a flat fee so you, the Subscriber, can provide the best possible price to your potential customer. We have been in the transportation business for years and know how difficult it is to provide the best price and still be profitable. 5. Authorization to Credit and Debit Accounts Your credit card statement will show NAEC for your monthly fees. You irrevocably and expressly authorize NAEC (www.shipitquick.com) to credit any monies to the account that you have identified for your membership fees. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in activity on our websites. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties. You irrevocably and expressly authorize NAEC to withhold any monies and/or debit any monies from any account that you have identified to NAEC for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to NAEC. We reserve our rights to all actions and remedies in connection with any monies owed to NAEC. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section. If after 2 attempts to collect the monthly fees we are unsuccessful, we will then begin to charge a $0.50 per day penalty, and also 19.9% interest per month. After attempts to collect we are still unsuccessful, we will then turn the case over to a collections agency that will attempt to collect from you and we will also contact the 3 major credit bureaus. 6. No Agency You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the website(s), does not confer or imply any contractor, independent or otherwise, agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. We do not endorse or partner with anyone on this site, we are a neutral, online matching service. 7. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. 8. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. 9. Dispute Resolution Disputes may arise between visitors to this website. NAEC (www.shipitquick.com) maintains a neutral position in all disputes between users of this website sometimes referred to as "Shippers" and "Trucking Company, Carrier, Shipping Provider". All disputes between Subscribers must be settled between the parties involved. 10. Applicable Law This agreement shall be governed by the Laws of the State of Michigan. Any action in regard to this agreement or arising out of its terms and conditions shall be instituted and litigated in the Michigan District Court for Washtenaw County. Each of the parties consents to jurisdiction in such Court and agrees that service of process as provided by the states and rules of civil procedures of Michigan shall be sufficient. 11. Reservation of Rights We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent. 12. Registration and Password You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password. 13. General NAEC (www.shipitquick.com) reserves the right to change these Terms of Service, in whole or in part, at any time with or without notice. Such changes shall be effective when posted on the Site, and your continued access or use of the Site and its services shall be considered acceptance of such changes. If you subscribe to any other websites owned or operated by NAEC, you agree that NAEC shall have the right to first apply any payments made under this Site to any outstanding amounts that may be owing with respect to your subscription with any of NAEC other websites. Any contract or agreement for transport services that you may enter into by accessing and using this Site (whether you are a carrier, broker, dealer or other entity) is solely between you and the applicable carrier, broker, dealer or other entity. NAEC (www.shipitquick.com) is not a party to any such contract or agreement, has no obligations under any such contract or agreement, and expressly disclaims all liability whatsoever arising out of, or in connection with, any such contract or agreement. These Terms of Service constitute the entire agreement between you and NAEC and supersede all other written and oral communications or agreements, with regard to the Site and its services. Any waiver these Terms of Service by NAEC shall only be effective if in a writing signed by an authorized officer of NAEC. The Site is controlled, operated and administered by NAEC from its offices in Washtenaw County, Michigan. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Michigan without regard to conflict of laws principles. Any claim or cause of action by you against NAEC with respect to your access or use of the Site and its services or your account shall be brought in the federal or state courts of Washtenaw County, Michigan within one (1) year after the claim or cause of action arises. Without limiting any other remedy under law, in equity or pursuant to these Terms of Service, you acknowledge and agree that NAEC shall be entitled to seek injunctive relief or other equitable relief for any breach of these Terms of Service. If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law. Accessing or using the Site shall constitute effective execution and delivery by you of these Terms of Service. 14. Taxes You are responsible for collecting and reporting any and all taxes associated with the transactions or use of this site. Visit the Internal Revenue Service, www.IRS.gov to see what information can and cannot be used for taxes purposes. We do not issue 1099 or W-2 for money that is collected using our site(s). 15. Prohibited Items: Below is a list of goods that are prohibited from our site(s). If a shipper is caught listing illegal or prohibited items, their account will be deleted and the shipper will no longer be able to list on our site(s). Prohibited Items: Hazardous Materials(Explosives, Radioactive, Toxic Substance, Flammable Gases and Solids): Perishable Goods, Produce, Certain Livestock, Drugs Effective April/2009 |
