Terms of Service & Site User Agreement


We've been asked a lot of questions lately, so we are putting into writing the rules of our site and the terms and conditions governing our site. Your use of our site is acceptance by you of the terms and conditions in this Agreement. If anyone else uses your registration information or account, he or she is also subject to the terms of this Agreement. We ask, and you agree, that any such user has read this Agreement and accepts it. Remember that this Agreement is intended to make everyone's use of our site easier and better. We'll try to keep the "lawyer talk" out of this as much as possible. If you have any suggestions, ideas or questions about this Agreement or our site, 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. By using the site, we understand and you agree, that you understand all of the terms and conditions of this Agreement and agree to abide by it.

It seems like change is everywhere around us. And our website is no different. Wouldn't it be a shame if we never updated our site to make it easier to navigate, more user friendly, and more informative? So, we are constantly looking at how to make it better. Every time we make it better, we make changes and updates. Some of the changes we make will be to this Agreement from time to time. You agree that we can make changes in our sole and independent discretion (there is that lawyer talk) to this Agreement and the site, post it on the site, and you will abide by the changes and be bound by the terms.

We don't want people and companies not in the business registering on our site. It just adds to our cost, does not benefit you, and means that we have to divert resources from supporting and improving our business and making your experience as positive and productive as possible. In order to register as a user you must be a bona fide carrier, shipper, freight broker or trucking industry consultant. The use of the FreightGuard.com site is for insurance purposes only. You don't want your competition knowing all of your secrets, do you? We surely don't either. So by registering and using the site, you agree that you will not use any of the information available to compete against us online. No competitors are permitted to register or otherwise gain access to our site or information, so you agree that you won't give your user registration information out except to trusted business partners or associates. Our services are only available to individuals and companies that can form legally binding contracts under applicable law.

FreightGuard.com is a venue for insurance services only. We want you to use our site to find insurance and insurance services. If you don't use our site for that purpose, then all of our users will not be getting the best information and having the best opportunity to find the right insurance at the right time. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our site and not use any device, software or routine that may interfere with the operation of the site. You also agree that FreightGuard.com and you are independent contractors and no partnership, joint venture, agency, employer/employee, franchisor/franchisee, or any other relationship exists or is intended to be created by this Agreement or your use of the site. In addition, a key part of our service is email communications with our users. You agree that we may send you email, that you have elected to participate in our email program, that FreightGuard.com may forward email messages to you and that you further elect to receive electronic messages without limitation from FreightGuard.com or its business partners or associates.

We have built the site for your use. We try to guard our users against those that may attempt to take advantage of others or who simply do not follow the rules. Therefore, you understand that we have the right to terminate any user's registration or any user's access to the site, at any time, in our sole and independent discretion and judgment. If you are submitting content to our site, you warrant and represent that the information is accurate; that you are authorized to submit the information, and that the information content, format and delivery method is appropriate. In order to protect each user we reserve the absolute right to review, reject or modify the information submitted in our sole and independent discretion. By transferring information you agree that FreightGuard.com, its affiliates, and assigns are licensed to use the information in a manner we deem reasonable in our sole and independent judgment.

We are operating in the world of e-commerce. It is still in its infancy in terms of technology and business maturity. Therefore, WE PROVIDE THE FreightGuard.com WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty related provision may give you specific legal rights and you may also have other legal rights, which vary from state to state. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE.

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, this Agreement and your use of the site: This is the entire Agreement governing the use of the FreightGuard.com site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the Commonwealth of Virginia, without regard to that state's conflict of laws provisions. No waiver of any breach of this Agreement shall be a waiver of a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of FreightGuard.com in accordance with applicable law and the remainder of the Agreement shall remain in full force. A registered user shall pay all reasonable costs and attorney fees incurred by FreightGuard.com in enforcing the terms of this Agreement. This Agreement binds and insures to the benefit of each party's permitted successors and assigns and FreightGuard.com may assign its right to payments and assign this Agreement without user's consent. The headings in this Agreement are for convenience only and do not alter the rights and obligations of the parties. The explanatory phrases and terms used in the Agreement are illustrative examples and other reasons may exist justifying and/or explaining the existence of certain terms. The provisions of this Agreement are not for the benefit of any third party.