Terms of Use
This Web Site, as defined below, is maintained by Spot Freight, Inc. ©2009. Content on this site may not be used for commercial benefit without expressed written consent of Spot Freight, Inc.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. THESE WEB SITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. IF YOU MUST BE 18 YEARS OF AGE OR OLDER, OR THE AGE OF MAJORITY AS THAT IS DEFINED IN YOUR JURISDICTION, WHICHEVER IS OLDER, TO USE THE WEB SITE IN ANY MANNER. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE REPRESENTING ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. YOUR ACCESS AND USE OF THE WEB SITE REPRESENTS YOUR WARRANTY TO SPOT FREIGHT, INC. THAT YOU WILL USE THE WEB SITE IN A MANNER CONSISTENT WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS.
As used herein, all references to "Web Site" may include, individually, all and/or in any combination, SPOTMYFREIGHT.COM. Web Sites are maintained by Spot Freight, Inc. All references to “Spot Freight” made within these Terms of Use shall be references to and include Spot Freight, Inc., its affiliates and subsidiaries and each of their directors, officers, employees, and authorized representative (“Spot Freight”). Spot Freight is headquartered at 445 North Pennsylvania Street, Suite 701, Indianapolis, IN 46204. The main telephone number is (317) 635.6207. All material on this Web Site, including, but not limited to text, images, and illustrations, is protected by copyrights and/or trademarks, registered and unregistered, which are owned and controlled by Spot Freight or by other parties that have licensed their material to Spot Freight, Inc. Material from any Web Site owned, operated, licensed, or controlled by Spot Freight Inc. may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The materials on this Web Site may not be used for commercial benefit without expressed written permission by Spot Freight Inc. Spot Freight authorizes You to view and access a single copy of the content available on or from the Web Site solely for Your personal use. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. Except as expressly allowed by these Terms of Use and/or some other written agreement between You and Spot Freight, the use of any such material on any other website or networked computer environment is prohibited. This Web Site may contain other proprietary notices, trademark, and/or copyright information, the terms of which must be observed and followed. Information may be changed or updated without notice. Spot Freight may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
You may not use the Web Site in order to transmit, post, distribute, store or destroy material, including without limitation, content from the Web Site, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Spot Freight or any other third party or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Spot Freight will not release Your name or otherwise publicize the fact that You submitted materials or other information to us unless: (z) we obtain Your permission to use Your name; or (y) we first notify You that the materials or other information You submit to a particular part of this Web Site will be published or otherwise used with Your name on it; or (x) we are required to do so by law.
Information Spot Freight publishes on the World Wide Web may contain references or cross references to products, programs, and services that are not announced or available in Your country. Such references do not imply that Spot Freight intends to announce such products, programs, or services in Your country. Consult Your local Spot Freight business contact for information regarding the products, programs, and services that may be available to You.
Spot Freight makes no representations whatsoever about any other web sites which You may access through this Web Site. When You access a non-Spot Freight web site through this Web Site, please understand that it is independent from Spot Freight, and that Spot Freight has no control over the content on that web site. In addition, a link to a non-Spot Freight Web site does not mean that Spot Freight endorses or accepts any responsibility for the content, or the use, of such web site. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Nothing on this Web Site constitutes an offer to sell or solicitation to buy securities. No failure or delay by Spot Freight in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder by Spot Freight preclude further exercise. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by these Terms of Use.
SPOT FREIGHT DOES NOT WARRANT THAT THE WEB SITE IS ERROR-FREE OR THAT THE WEB SITE WILL BE PROVIDED. MATERIALS FOUND WITHIN THIS WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS. ALL MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPOT FREIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the disclaimer of implied warranties, so these limitations may not apply; however, they SHALL apply to the greatest extent permitted by law.
SPOT FREIGHT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (SUCH DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST DATA, AND/OR COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES) HOWEVER ARISING, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE SPOT FREIGHT SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM BROUGHT AGAINST YOU BY A THIRD PARTY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IF SPOT FREIGHT IS RESPONSIBLE FOR ANY DAMAGES, THE MAXIMUM AMOUNT YOU MAY RECOVER FOR ANY AND ALL CLAIMS RELATING TO THIS YOUR USE OF THE WEB SITE SHALL NOT EXCEED TWO HUNDRED DOLLARS ($200). Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so these exclusions may not apply; however, they shall apply to the greatest extent permitted by law.
These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Indiana, as it is applied to agreements entered into and to be performed entirely within such State. Any action You, any third-party, or Spot Freight may bring to enforce these Terms of Use or, in connection with, any matters related to this Web Site shall be brought only in either the state or Federal Courts located in Marion County, Indiana, and You expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except to the extent that You and Spot Freight have entered into a written agreement regarding the provision of services (including but not limited to transportation services, logistics services, warehouse services or any other services) by Spot Freight to You, or by You to Spot Freight, and such written agreement expressly contemplates the use of this Web Site, these Terms of Use are the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Spot Freight.