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Questions & Answers

Q&A – Questions & Answers.

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Questions and answers.

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New Report Sets a Course for Cleaner Freight Transportation in California

New Report Sets a Course for Cleaner Freight Transportation in California (via YubaNet.com)

By: Coalition for Clean AirSAN FRANCISCO, CA , January 21, 2013 – A report released today outlines solutions for overhauling the state’s freight system to protect public health, meet air quality standards and slow the pace of climate change. Freight…

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Ahern & Associates Releases New Collection of Acquisition Targets for the Second Quarter of 2014

Ahern & Associates Releases New Collection of Acquisition Targets for the Second Quarter of 2014 (via PRWeb)

Despite Economic and Industry turmoil Ahern and Associates have announced 15 acquisition targets for the second quarter of 2014. Ahern and Associates: Transportation, Trucking and Logistics Consultation Specialists Despite considerable turbulence in…

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SBWire Market Report, “Russia Freight Transport Report Q2 2014”, Published

SBWire Market Report, “Russia Freight Transport Report Q2 2014”, Published (via SBWire)

Fast Market Research recommends “Russia Freight Transport Report Q2 2014” from Business Monitor International, now available Boston, MA — (SBWIRE) — 05/05/2014 — Following a year in which BMI saw mixed dynamics across Russia’s freight transport sector…

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SBWire Recent Study: United States Freight Transport Report Q2 2014

SBWire Recent Study: United States Freight Transport Report Q2 2014 (via SBWire)

New Transportation research report from Business Monitor International is now available from Fast Market Research Boston, MA — (SBWIRE) — 05/05/2014 — BMI maintains its positive outlook for the US freight transport sector. Our view for gradual strengthening…

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Latest American Trucking Trends Confirms Trucking as Dominant Freight Mode

Latest American Trucking Trends Confirms Trucking as Dominant Freight Mode (via PR Newswire)

Download image Download image ARLINGTON, Va., May 12, 2014 /PRNewswire/ — Today, American Trucking Associations released the latest edition of American Trucking Trends, the annual almanac of trucking and freight transportation, which confirms the industry…

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Residents want trucking company out of neighborhood

Residents want trucking company out of neighborhood
Residents want trucking company out of neighborhood (via Repost Video News)

Many of the trucks are transporting bio solids from Southern California into Kern County and keeping residents up throughout the night.

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Truck Driver Pay – Extra Pay

Truck Driver Pay – Extra Pay (via http://truckstopreport.com)

Trucking companies reward their drivers will basic pay (Per Mile, Percentage, Hourly) and depending on the company, pay for other time or effort may be made. Not every company pays all of these and there are others that I might have missed. Some companies…

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Truck crashes off Hackensack River bridge in Little Ferry

Truck crashes off Hackensack River bridge in Little Ferry
Truck crashes off Hackensack River bridge in Little Ferry (via Cliffview Pilot)

YOU SAW IT HERE FIRST: A trucker towing a flatbed trailer climbed out on his own after his pickup slammed through the cement railing of the Hackensack River Bridge on Route 46 in Little Ferry this afternoon. The rig was headed west, towing a Jeep, when…

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Pilot car operators loadboard

Pilot car operators (loadboard) and more.

Pilot car operators load board.

Photo courtesy of D.J.’s Pilot Service, Cotton Valley, LA

If one we’re to manage and operate a pilot car company why would one promote the use of brokers or a loadboard operated by brokers? Are brokers needed in the truck escort and pilot car industry? Yes, but let’s have a look at the industry as a whole. Before the internet and loadboards the only way a truck driver hauling an oversize or over dimensional load could hire a pilot car (or truck escort) company was to either hit the yellow pages or call down a list of numbers they had collected over the years. During this time pilot car brokerage companies were desperately needed in order to organize the industry and keep things flowing. If you we’re a pilot car company operator or manager your entire existence as a successful company was dependent on someone to give you more runs.

Oversize trucking and the early times.

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Photo courtesy of RockportKY.com

Then the start of the internet came. During this phase of the pilot car and truck escort industry the early days didn’t change much. Every pilot car company on the planet started building websites hoping that someone would call them with lots of work. But guess what? For most companies this didn’t happen. Why? Well the first reason is because the pilot car brokerage industry was already established. Why wade and search through web crap when all you had to do was pick up the phone just like you’ve always done? Whether or not the broker had a loadboard didn’t matter as long as one: the load got covered and two: the pilot car company took the run after the brokerage company took their percentage. One has to realize there’s not a lot of money on the table to begin with. If the run pays $1.25 to the broker and they take only 10%, that only leaves about $1.12 a mile for the pilot car company. Not real lucrative for the pilot car company operators. But we all have to eat. A small hand full of truck escort and pilot car companies did flourish during these start up days as they were internet savvy and could get their pages to show up in the first results of the search engines. However, the pilot car brokerage industry had long before discovered that advertising was everything. So they put way more effort into building their websites to maintain their positions within the industry and guess what? It worked. Still today,  20 years after the internet was born the pilot car and truck escort industry is not fully developed. They’ve got plenty of loadboards for pilot cars but the majority of the runs on them are brokered runs. A huge vast majority of the the work available to pilot car company operators and managers is from loadboards that are run by brokers.

Working with the tools you have.

Pilot car company directory system.

A directory that will suit all pilot cars is her – N0t!

Getting up to speed and catching up with technology. Many companies gave it their best shot at running pilot car directories including us. It was an honest effort but there remained a problem. With a list, no matter how you organize it, shake it up or whatever; randomly, alphabetically, last edited – someone always has to be at the bottom of the list. Not to mention all of those who are in the middle. While this was a good effort to organize the industry it was not the solution. While it did open up the industry exposing more pilot car companies directly to the oversize and over dimensional trucking industry carriers it didn’t fix the problem. It was totally random, unorganized and not energy efficient as you may have just hired a company but in many cases there was also another pilot car company that had an available driver just a few miles down the road. The industry cried for a true loadboard to be built but the technology required to do it was cost prohibitive. So while a website may have called their service a “pilot car load board” service all it really was, was a list of runs primarily posted by brokers. The same old game.

A solution for the pilot car industry is born.

new-pc

Live posting and positions that are location based.

Finally, a solution is born. With WideloadShipping.com being smack in the middle of this confusion and carriers demanding some kind of accurate place to quickly locate pilot cars we realized that something had to be done. We needed a solution to keep carriers happy. Not because there’s a basket of money to be made with cranky pilot car companies because there simply isn’t.  The industry is too small and there aren’t enough companies to make significant amounts of money. Not only that many of the pilot car companies running are doing so for cut rates because they are forced to take runs that are brokered (which pay less) because that’s mostly what is readily available to them. We knew that some sort of position based technology was going to be required. Whether it involved some program that tracked cell phones on a map or involved sending a text message to some elaborate system, position based technology would be the only solution. Not only to balance out the ration of pilot cars running direct vs running for a brokerage, but to make the industry run more efficiently with one centralized location for all pilot cars. After spending months of research on the internet and dealing with computer program developers as well as speaking with hundreds of pilot car companies  PiloTrac was finally born. The concept was put on the building table in the summer of 2012 and the actual build started in April of 2013 which eventually cost over $60,000 and was not released until November 23, 2013. It drained us pretty darn good. But, what PiloTrac did for the pilot car industry by enabling a visual geo-location live directory displayed on a map instead of a list was revolutionary. Visitors can see a home base pin for every pilot car and truck escort company in North America displayed on a live Google map. Thus making the industry more efficient by being able to actually see where the company has equipment located in relationship to where you need service. Pilot car and truck escort companies can also post their available locations live as well so oversize trucking company drivers and dispatchers can see where pilot car companies have equipment available today as well as in the future. Yes, into the future. Here’s how it works. Let’s say a pilot car company takes a load to Kansas City that will deliver in 8 days. That pilot car company operator can then post that pilot car as tentavely being in that location on that day so oversize trucking dispatchers can see them and book them for use either ahead of time or on the fly the day they need them. It’s a win-win slam dunk for everyone involved but will take some time to get everyone on the same page so users should be patient and consider it’s only $1 a week to use. It’s connected to the largest network of heavy haul and oversize carriers in the world so little by little everyone will get used to it. We’ve already heard fantastic success stories and are very pleased with the build overall. Mobile phone apps are available for download on iPhone or Androids so companies posting to the map and change/edit/delete their postings as needed from the road on the fly.

Now, to fully address question the idea of brokers being needed in the pilot car industry. Yes they are. At least for now. They’re still essential to the oversize and heavy haul trucking industry. Not every company can have a contact in every place nor can they book themselves every single run they make with PiloTrac. However, the percentage ratio of pilot car runs that are brokered is simply way too high. The industry needs to even itself out with the pilot car companies dealing direct with the majority of the runs that are available –  not just a hand full of brokerage companies as it’s simply not a fair way to handle everyone. Diversity and equality is what makes this great nation so great!

Your comments are welcome below.

Loadboard EULA

Carrier Loadboard End User License Agreement

END USER LICENSE AGREEMENT AND TERMS OF SERVICE AGREEMENT

WideloadShipping.com is offered by WideloadShipping.com a company dedicated to the carrier and customer needs of the over dimensional and over weight trucking industry.  This carrier section of WideloadShipping.com allows subscribers to directly access the freight from direct customers as well as brokers that we take in via this website and actively submit bid/quotes on for the purpose of soliciting transportation services only. This does not include load boards, freight exchanges or other related services. WideloadShipping.com is not a brokerage company. Any payment for awarded freight is payable by the customer requesting bid/quote and not by wideloadShipping.com. WideloadShipping.com is an intermediary providing solely customer leads only.  To access this area of our website you must agree to the following terms and conditions:

This End User License Agreement (“EULA”) describes the terms and conditions under which you may and use our system, subscribe to, access and use WideloadShipping.com online. WideloadShipping.com may amend this EULA from time to time by posting an amended version at http://www.wideloadshipping.com/html/loadboard-eula/   If you accept this EULA, the then-current version of this EULA shall apply each time you access our system.  By clicking the “I AGREE” link on the bottom of this page, and confirming your acceptance by checking the text box next to “I have read and agree with Terms Of Service” text you accept the terms and conditions in the EULA. If you do not accept the terms and conditions in the EULA, you must click the “I DO NOT AGREE” link and discontinue the use of our system.

REQUIREMENTS TO USE OUR CUSTOMER DATABASE
To access the WideloadShipping.com direct customer database , you must: (i) be involved directly with the actual physical shipping or transportation portion of the trucking industry. (ii) establish a valid online account (an “Account”) and keep that Account active by paying the subscription fees as required. (iii) obtain and maintain your own Internet access (Internet access is required to use the WideloadShipping.com database. WideloadShipping.com is not responsible for your access to the Internet); and (iv) comply with this EULA.

YOUR ACCOUNT
You may establish only one (1) account for your company. If you wish to establish another Account, you must obtain permission from us to do so. Multiple email addresses may not be used on one account. You may not share your Account with any other company other than the one registered, or allow anyone outside of your company access to use your Account. Joint or shared ownership or use of an Account by more than one user is prohibited.

A. Passwords and Names.  You’ll be asked to select a password during the registration process (“Password”). You may not disclose your Password to anyone or allow anyone to use your Password to access the System. You are responsible for maintaining the confidentiality of your Password and for any damage, harm, lost or deleted, etc. resulting from your disclosure, or allowing the disclosure, of any Password, or from use by any person of your Password. You may not obtain, attempt to obtain, use or attempt to use the password of anyone else. You are responsible for remembering your Account information and Password.  You will choose a login name during the registration and character creation process. You may not allow anyone to use your login name to access the System.  You may not obtain, attempt to obtain, use or attempt to use the login name of anyone else.

B. You are encouraged to use a pseudonym, but you may not choose a name that violates anyone’s trademarks, publicity rights or other rights. Acceptance of a pseudonym by the System does not mean that your chosen pseudonym does not violate anyone’s rights. You are responsible for any liability incurred by yourself, WideloadShipping.com or anyone else due to the pseudonym you choose. WideloadShipping.com retains the right to reject any pseudonym it determines, in its sole discretion, is unlawful, indecent, obscene or otherwise violates standards of good taste.

C. If access to WideloadShipping.com is available to you or through a handheld device access to WideloadShipping.com by any persons while operating any motorized vehicle is strictly prohibited and all users agree not to access any portion of WideloadShipping.com while in operating any motorized or even while in motion.

SUBSCRIPTION FEES AND PAYMENT TERMS

After the 5 day Trial Period, you are required to pay a minimum subscription fee of at least the minimum of $33.33 a month (1 year option) or $40 (month-to-month) to maintain your account, access the System and use the WideloadShipping.com customer database. You are informed of the subscription fee and payment terms during the registration process. WideloadShipping.com may amend the subscription fee and payment terms at any time.

All subscription fees are in U.S. Dollars and are non-refundable. When you establish your account, if you create a subscription, you authorize Paypal to debit your account on behalf of WideloadShipping.com to automatically charge your credit card the subscription fees in accordance with these payment terms as may be amended by Wideload Shipping from time to time.  If you do not want a subscription either cancel your existing one, don’t create one, or pay via the debit link/option available when properly logged into your account. If WideloadShipping.com is unable to process your credit card at any time, your Account may be immediately suspended or terminated at WideloadShipping.com’s sole discretion.

You are responsible for reviewing the WideloadShipping.com website for changes in the subscription fee or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in the termination section below.

AMENDMENTS TO EULA
WideloadShipping.com may, in its sole discretion, amend this EULA from time to time. If the EULA is amended, you will be asked to review the amended EULA when you log into your Account, and to indicate and confirm your acceptance of the amended EULA by clicking the “ACCEPT” and/or “CONFIRMED” buttons.

If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in the termination section below.

 TERMINATION; SUSPENSION OF ACCOUNT
A. By WideloadShipping.com for Breach or Misuse of information/system

i. Suspension of account without limiting WideloadShipping.com. rights or remedies, WideloadShipping.com may immediately, and without notice, discontinue or suspend access to the System through your account, and any and all other Accounts that share the name, phone number, e-mail address, internet protocol address or credit card number with the discontinued or suspended Account, in the event of (i) a breach of the EULA (including the Rules of Conduct) by you or any user under your Account; or (ii) unauthorized access to the System or use of the System by you or any user under your Account. Breach of this EULA may result in forfeiture of credit balances retained by us.

CONDUCT 
A. Selling Items and Objects

You may not transfer, sell or auction, or buy or accept any offer to transfer, sell or auction (or offer to do any of the foregoing), any content appearing within the WideloadShipping.com environment, including without limitation characters, character attributes. You may not encourage or induce any other company/person to participate in such a prohibited transaction. The buying, selling or auctioning (or any attempt at doing so) of characters, character attributes, items, currency, or objects, whether through online auctions (such as ebay), newsgroups, postings on message boards or any other means is prohibited by the EULA and a violation of WideloadShipping.com proprietary rights of the system and information contained.

PRIVACY AND CONFIDENTIALITY
WideloadShipping.com will never share your information with any outside party.

PROPRIETARY RIGHTS – Ownership of System.
As between you and WideloadShipping.com, WideloadShipping.com is the sole and exclusive owner of the system/database content.  The System/database and content are protected by law governing copyrights, trademarks and other proprietary rights. WideloadShipping.com reserves all rights not expressly granted herein.

NO WARRANTIES
The System, and all system content, and all other services and material provided in connection therewith, are provided “AS IS,” with all faults, and without warranty of any kind. You assume all risk of use and all risk associated with accessing the WideoadShipping.com direct access system.

WideloadShipping.com disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. WideloadShipping.com does not warrant that the operation of the System or your access to the System, or that your use of the Software, will be uninterrupted or error-free.

While WideloadShipping.com attempts to have the System available at ALL times, WideloadShipping.com does not guarantee that the System will always be available, or that the System will not become unavailable during use. The System may become unavailable for a number of reasons, including without limitation during the performance of maintenance to the System, for the implementation of new software, for emergency situations and due to equipment or telecommunications failures.

DISCLAIMER OF DAMAGES
In no event shall WideloadShipping.com its affiliates, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost data), arising out of or in connection with your Account or the system. User Content, EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not WideloadShipping.com is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.

GOVERNING LAW AND EXCLUSIVE FORUM
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of the State of Oregon.

MISCELLANEOUS
If any part of the EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EULA, and the remaining portions shall remain in full force and effect.

You shall comply with all applicable laws regarding your access to and use of the System, use of the Software, your access to your Account. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the System or the Software except in full compliance with all applicable laws and regulations.

Except as otherwise provided herein, you may not assign or transfer the EULA or your rights thereunder, and any attempt to do so is void. The EULA, including the Rules of Conduct and the subscription fees and payment terms as referenced therein, as each may be amended by WideloadShipping.com from time to time, sets forth the entire understanding and agreement between WideloadShipping.com and you with respect to the subject matter hereof. Except as provided above, or in a writing signed by both parties, the EULA may not be modified or amended. No distributor, agent or employee of WideloadShipping.com is authorized to make any modifications or additions to the EULA.

WideloadShipping.com
STANDARD TERMS AND CONDITIONS
Users agree that:

1. The Website provides a platform through which Carriers, Receivers and Shippers: (i) post information regarding their respective identity, related information and their separate requirements, (ii) communicate, including the exchange of contract terms for the delivery of goods, and the offer and acceptance of those terms, and (iii) track the progress of the delivery of goods.

2. Use of the Website is only for purposes expressly permitted within the Website Use Agreement or in such other written agreement executed by WideloadShipping.com and the User.

3. It will not to use the Website for any other purpose, including any other commercial purpose, without WideloadShipping.com’s express prior written consent. For example, Users agree not to (and may not authorize any other party to): (i) co-brand the Website, or (ii) frame the Website, or (iii) hyper-link to the Website, without the express prior written consent of an authorized representative of WideloadShipping.com.

4. The access to or use by a User of the Website does not create any agency, joint venture, partnership or fiduciary relationship between WideloadShipping.com and the User. The manufacture, transportation or use of goods is not subject to the direction, control, management or supervision of WideloadShipping.com and WideloadShipping.com assumes no responsibility for any of the same.

5. WideloadShipping.com, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and members, shall have limited liability for direct or actual damages suffered by a User as a result of a breach by WideloadShipping.com of its obligations under its agreements with the User. The maximum liability for any claim against WideloadShipping.com by a User shall be limited to the sum of the invoice billings from WideloadShipping.com to the User in the 30 day period prior to the event claimed by the User to have resulted in compensable damages.

6. WideloadShipping.com, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and members, shall no liability for:

(a) Any inaccuracy or intentional or negligent misrepresentation of any fact or information posted by a Carrier, Receiver or Shipper on the Website. WideloadShipping.com assumes no obligation to conduct any investigation of, and does not warrant the accuracy of information posted by Carriers, Receivers or Shippers on the Website. Users must conduct such independent investigation of the information posted on the Website as the User deems appropriate to confirm the accuracy of the information posted.

(b) The inability of a Carrier, Receiver or Shipper to access or use the Website for whatever reason including the inoperability of the Website.

(c) Any damages resulting from the breach of contract between a Carrier and a Shipper including but not limited to delay or failure in providing goods for delivery or the delay or failure of timely delivery of goods, including the costs of cover for said breach.

(d) The unauthorized access to or use of the Website.

7. WideloadShipping.com reserves the right to refuse access to or use of the Website for whatever reason including but not limited to a User’s breach of these Terms and Conditions or the Website Use Agreement.

8. WideloadShipping.com does not extend credit to any of it’s customers and all amounts are paid in advance before services are provided or during the 5 day free trail period only.

9. WideloadShipping.com does not represent or warrant that the use of the Website will meet a User’s expectations, requirements, the results that are to be achieved from use of the Website, or that access to or use of the Website will not be suspended, interrupted, timely or without error.

10. A User is responsible for maintaining the confidentiality of their password and/or access code and is responsible for all access to or use of the Website, whether or not authorized, through its password or access code.

11. The Website and the source code of the Website are proprietary intellectual property of WideloadShipping.com and that the User will use the Website only as authorized, will not directly or indirectly access the source code, copy or reproduce any portion of the source code, the visual designs of the Website, the methods, reports or business models incorporated in the Website or otherwise copy, reproduce modify or alter the Website.

12. Not to upload, transmit, or post, re-post an unsolicited e-mail, virus or other code destructive material.

13. WideloadShipping.com maintains the right, without assuming any obligation to, review the material posted on the Website by a User and to remove any information or other material posted by a User on the Website that WideloadShipping.com, in its sole and absolute discretion, which WideloadShipping.com finds offensive, libelous, defamatory, pornographic, unlawful or otherwise objectionable.

14. It will indemnify, defend and hold WideloadShipping.com, its affiliates and their respective directors, officers, employees, stockholders, members successors, assigns, representatives and agents (collectively, the “WideloadShipping.com Indemnitees”) harmless from and against all losses, liabilities, damages, deficiencies, costs or expenses, including interest, penalties and attorneys’ fees (collectively, “Losses”), actually incurred, suffered or paid, directly or indirectly, by the WideloadShipping.com Indemnitees based upon, arising out of or otherwise in respect of claims by Users or third parties resulting from a : (i) a breach or alleged breach of any these terms and conditions or other agreements between WideloadShipping.com and a User or between Users, (ii) injury or damages to persons or property resulting from the delivery or use of goods, (iii) material posted on the Website by any User, or (iv) the access to or use of the Website. Without limiting the full obligation to indemnify WideloadShipping.com as above provided, each Carrier shall maintain coverage for bodily injury and property damage liability for all owned, hired or non-owned vehicle with an each accident limit of not less than $1,000,000. Carriers and Shippers shall maintain liability and contractual liability, coverage of not less than $1,000,000 per occurrence. Shippers shall maintain products liability insurance of $1,000,000 per occurrence.

15. It will not to identify WideloadShipping.com on any transaction documents between Users. Users agree to comply with all federal, state and local laws, rules or regulations addressing the manufacture, delivery or use of goods transported through use of the Website.

16. WideloadShipping.com reserves the right to change or modify these Terms and Conditions at any time and for any reason and without prior notice to Users. Use of the Website following a change in the Terms and Conditions constitutes a User’s agreement to the Terms and Conditions as changed. WideloadShipping.com has no obligation to notify Users of any change to the Terms and Conditions. If the Terms and Conditions are changed, a new date will appear in the upper right hand corner of the Terms and Conditions which will constitute the effective date of the Terms and Conditions as amended.

17. The failure of WideloadShipping.com to at any time to require performance by a User of any provision of these Terms and Conditions shall not be deemed a continuing waiver of that provision or a waiver of any other provision and shall in no way affect the full right to require such performance from the User at any time thereafter.

18. If access to the Website is available through a handheld device, access to the Website by a Carrier while in motion is strictly prohibited and Carriers agree not to access the Website while in motion.

19. Failure of a User to timely comply with the Website Use Agreement shall be a default by the User of its contractual arrangements with WideloadShipping.com. WideloadShipping.com may, in addition to seeking other remedies available under law, immediately terminate the User’s access to or use of the Website.

20. Users agree that information contained in another User’s Profile is made available for use only to facilitate the transportation of goods. Any other use of information posted by another User is strictly prohibited and Users agree not to use the Website for any other purpose, to use the information contained in a User’s Profile for any other purpose or to disclose the information contained in a User’s Profile except to facilitate the transportation of goods through the Website.

21. Carriers, Receivers and Shippers shall continually maintain the accuracy of the information posted in their Company Profile.

22. The content accessible from the Website, and any other website owned, operated, licensed, or controlled by WideloadShipping.com is the proprietary information and property of WideloadShipping.com or the party that provided the content to WideloadShipping.com, and WideloadShipping.com or the party that provided the content to WideloadShipping.com retains all right, title, and interest therein. Accordingly, such content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of an authorized representative of WideloadShipping.com. In any event, Users may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of Website content except as expressly provided in these Terms and Conditions, violates WideloadShipping.com’s intellectual property rights and/or the intellectual property rights of WideloadShipping.com’s content provider(s). No intellectual property rights are transferred, assigned or licensed to Users by access to the Website.

23. The Website may contain links to other websites, which are independent of WideloadShipping.com. WideloadShipping.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Users who link to any other website do so solely at their own risk. From time to time, the Website may display or otherwise make available promotions, advertisements and/or offers provided by third parties (“Third Party Promotions”). Users hold WideloadShipping.com harmless from such use and agree that WideloadShipping.com shall have no liability whatsoever for such Third Party Promotions. Users who participate in, click on, or otherwise link to such Third Party Promotions do so solely at their own risk.

24. Use of the Website is at the User’s sole risk. The Website content is provided “AS-IS” and without warranties of any kind, either expressed or implied. WideloadShipping.com disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. WideloadShipping.com does not warrant that the functions or content contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. WideloadShipping.com does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and WideloadShipping.com may make changes or improvements at any time. USERS, NOT WideloadShipping.com, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE OR ITS CONTENT. WideloadShipping.com MAKES NO WARRANTIES THAT USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. A User who is a California resident, waives California Civil Code Section 1542, which provides: “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.”

25. WideloadShipping.com understands the value and importance of intellectual property rights and makes every effort to observe and respect the valid intellectual property rights of others. WideloadShipping.com has no responsibility of the content posted on the Website by a User. WideloadShipping.com takes all concerns related to intellectual property seriously and it is WideloadShipping.com’s policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any User’s access to the Website if such user infringes or appears to infringe the intellectual property rights of others. If a User believes that any material on the Website infringes a copyright, or any valid intellectual property right, please provide the following information to WideloadShipping.com.

(a) A physical or electronic signature that the submitter of the alleged infringement is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification 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 on our website;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(d) Information reasonably sufficient to permit WideloadShipping.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(e) A statement that the person submitting information of the alleged infringement has done so in 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

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that person submitting the information is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide the foregoing information to WideloadShipping.com, 6729 Westridge Ct., N, Keizer, OR 97303.

26. That WideloadShipping.com cannot and does not guarantee or warrant that files available for downloading from the Internet or through the Website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and safeguards to satisfy their particular requirements for protection, accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. WideloadShipping.com does not assume any responsibility or risk of loss for Users use of the Internet

27. User agrees that its use of the Website shall be governed by Oregon law. User agrees that it shall be subject to the jurisdiction of the Marion County Oregon Circuit Court or the 9th federal district court located in Portland, Oregon.

28. Glossary of Terms:

– “Carrier(s)” means the person or entity providing the equipment used to transport goods.

– “Carrier Dispatch Software” means the use of the Website to dispatch, monitor and management of equipment and staffing for freight deliveries not originating by Shippers.

– “Company” means Carriers, Receivers, or Shippers.

– “Company Profile” means the information posted by Carriers, Receivers or Shippers on the Company’s Profile Page maintained on the Website.

– “Receiver(s)” means the person or entity to whom goods are being delivered.

– “Shipper(s)” means the person or entity that contract through the WideloadShipping.com website for the delivery of goods.

– “Use Fee” means the charge for our use of the Website.

– “User” means the person or entity who or on whose behalf the WideloadShipping.com website is accessed. The term User includes, among other, Carriers, Receivers and Shippers.

– “WideloadShipping.com” means WideloadShipping.com, a Oregon company.

– “Website” means the WideloadShipping.com web application.

– “Website Use Agreement” means the agreement which identifies the Use Fee and incorporates these Terms and Conditions.

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