Terms of Agreement

Terms of Use

You acknowledge and agree to the following terms and conditions for use of this website:

B4DC Breaks My Freight, LLC (“B4DC”) provides freight load-matching information for SHIPPERS & MOTOR CARRIERS of freight as an Internet marketplace throughout North America. Please read this Terms of Use ("Agreement") before signing up as a Member in order to access and use www.b4dcfreight.com.

This Agreement between B4DC and you ("USER") is effective upon creating a Membership Account.

BY ACCESSING & OR USING ANY PART OF THIS WEBSITE, YOU UNDERSTAND, AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF THE TERMS OF USE EXACTLY AS IF SET FORTH ON PAPER AND SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, YOU DO NOT HAVE PERMISSION TO LEGALLY ACCESS OR USE ANY PART OF THIS SITE. ANY SUCH UNAUTHORIZED USE IS STRICTLY PROHIBITED AND VIOLATORS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.

SERVICES PROVIDED:
MEMBERS are entitled to post and search for available FREIGHT/loads and MOTOR CARRIER SERVICE/trucks/equipment and to use any other services integrated within our website.

NO BACK-SOLICITATION:
You agree that, in using this website, you will NOT engage directly or indirectly in back-solicitation as a result of any General Freight/Truck Load [TL]/Less than Truck Load ("LTL") load-board activity. Should it be determined by B4DC that you have engaged in back-solicitation, B4DC reserves the right to immediately cancel your Membership WITHOUT refund (if a refund would otherwise apply). THIS WEBSITE IS CREATED AS A MEMBERSHIP COMMUNITY. PLEASE BE HONEST AND TREAT OTHER MEMBERS WITH THE SAME DEGREE OF RESPECT YOU WOULD LIKE TO BE TREATED WITH.

CANCELLATION:
This is a fee-based membership website. Membership renewal fees are automatically billed to the credit card used to establish your Membership Account. All Member Fees are payable in advance.

MEMBERS MAY CANCEL THEIR MEMBERSHIP AT ANY TIME WITHOUT CAUSE BUT MEMBERSHIP FEES ARE BASED ON AN ENTIRE YEAR AND WILL NOT BE PRO-RATED. MEMBERSHIP WILL BE AUTOMATICALLY RENEWED EACH YEAR UNLESS CANCELED BY YOU OR BY B4DC DUE TO YOUR BREACH OF THIS AGREEMENT (see below for instructions on how to cancel membership).

To cancel your Membership, you must log into your Personal Control Panel, select Manage My Account, and click on CANCEL MY ACCOUNT. After you complete this, you will continue to be billed as originally set up, and your account will automatically close after your FULL YEAR MEMBERSHIP is complete.

We do NOT accept cancellations over the telephone.

No refunds will be given for any cancellations.

B4DC may terminate any Membership Account for MISUSE, INCLUDING BUT NOT LIMITED TO:

Your involvement in any unlawful purpose or unlawful conduct; your failure to comply with all local, state and federal laws and regulations applicable to the operation of your business; your intentional input of false information into this website or your repeated input of inaccurate information into this website, whether or not intentional; your failure to fulfill financial or other obligations to other Members of this website; the receipt by B4DC of a complaint against your posting of loads, equipment and/or contact information by you on behalf of or for the benefit of for non-members.

DISCLAIMER OF LIABILITY AND INDEMNIFICATION:
You agree and understand the relationship of B4DC to you is that of an information resource publisher only.

Your relationship with any other Member is separate from and independent of your agreement with B4DC. You further understand that B4DC does not intend, or seek in any manner, to participate in any relationship between you and any carrier, broker, independent owner/operator, or shipper that arises out of the your use of B4DC, unless otherwise expressed in a signed written agreement between you and B4DC.

Furthermore, B4DC does not warrant or guarantee or have control over the availability of expedited, TL, LTL, or general freight for any time or location, nor does it warrant or guarantee or have control over what the rates or payment terms for any expedited, TL, LTL, or general freight will be.

B4DC IS NOT A BROKERAGE, NOT INVOLVED IN ANY CONTRACTS BETWEEN SHIPPERS & CARRIERS, and IS NOT RESPONSIBLE FOR ANY LEGALLY BINDING AGREEMENTS BETWEEN MEMBERS; LOSSES DUE TO ANY MEMBER MISREPRESENTATION; OR FOR FAILURE TO UPHOLD/ENFORCE CONTRACTS BETWEEN MEMBERS.

Accordingly, you agree that B4DC is not and will not be responsible or liable for, and you agree to hold B4DC harmless from and indemnify it against, any losses, claims, liabilities or expenses of any nature whatsoever incurred by you, your company, or any shipper, or carrier, or shipper's, member employees, agents or customers where such losses, claims liabilities or expenses pertain to a relationship between you and any shipper or carrier arising out of your use of B4DC'S website and related database, or otherwise. Such claims in this paragraph include, without limitation, claims for damages caused by input of accurate, inaccurate and/or false information into B4DC's website by your or any other Member.

You also understand and agree that B4DC does not offer any representations or warranties, expressed or implied, including, without limitation, any representations or warranties as to (1) the willingness of any shipper or carrier to use the Members of B4DC; (2) the accuracy of information or data entered into the B4DC website database; (3) the quality of the transportation provided by any carrier Member listed with B4DC; (4) the compliance of any carrier Member with local, state or federal laws governing the carrier's business; (5) the availability of loads, time waiting to be loaded, condition of freight, equipment, or trucks, or time lost due to breakdown or any legal matters.

LIMITATION OF REMEDIES IN NO EVENT, UNDER NO CIRCUMSTANCES (INCLUDING, BUT NOT LIMITED TO, THE MALFUNCTION OF THE B4DC WEBSITE, AND/OR OF THE WEBSITE’S HOST'S WEB SERVER OR ANY OTHER EQUIPMENT), SHALL B4DC BE LIABLE TO YOU FOR LOST PROFITS, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES.

RESERVATION OF RIGHTS:
B4DC reserves the right to modify, in any manner at any time, the Services. You understand and agree that you have no claims, causes of action or rights against B4DC for modifications of the Services. B4DC reserves the right at any time to discontinue the Covered Services. You understand and agree that you have no claims, causes of action or rights against B4DC for discontinuance of the Services.

ONLINE CONTENT:
You understand and agree that B4DC reserves the right, but has no obligation, to delete, review, and/or edit any information, data, text, software, photographs, images, graphics, messages or other material ("Content") in its sole discretion.

You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained by you through this website or through this website without B4DC's written permission.

LINKS TO OTHER SITES:
B4DC may, in its sole discretion, provide images of and links to other websites or advertisers on the Internet. These websites have not necessarily been reviewed by B4DC and are maintained by third parties over which B4DC exercises no control. B4DC expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third party websites. B4DC does not, directly or indirectly, imply any approval, association, sponsorship, endorsement, or affiliation with any third party or any website or the products or services provided by any third party. Your linking to any other third party websites is at your own risk., You agree that you will not link material on B4DC's website to another website, or associate or frame material in this website with another website or the materials of any third party without our prior written consent.

SEVERABILITY OF PROVISIONS:
Both parties expressly agree that if any section, sentence, paragraph, clause or combination of the same of this Agreement is found to be in violation of any law, or otherwise invalid, such section, sentence, paragraph, clause or combination of the same shall be inoperative and the other parts of this Agreement shall remain binding upon the parties.

CONSTRUCTION:
This Agreement shall be governed by the laws of the state IDAHO and shall constitute the entire agreement between B4DC and you with respect to the subject matter hereof, and supersedes all prior agreements and understandings relating to the same.

ASSIGNMENT:
This Agreement is not assignable, in whole or in part, by you without the prior written approval of B4DC.

WAIVER:
No waiver by either party of any breach of terms contained in this Agreement by the other party shall be construed as a waiver of any succeeding breach of the same or any other term or condition.

PRIVACY POLICY:
It is our policy that personal information, such as your name, postal and e-mail address or telephone number, is private and confidential. Accordingly, the personal information you provide is stored in a secure location and is accessible only by designated staff and is used only for the purposes for which you provide the information. For example, when you post an available load, or truck, on B4DC's website, the contact information specified in creating your account is accessible on B4DC's website only by other Members.

NO RELEASE OF INFORMATION TO THIRD PARTIES:
Personal information will not be released to third parties except to further the purpose for which you provide the information, unless the release is required by law or is pertinent to judicial or governmental investigations or proceedings. There are no other circumstances under which we will provide or sell personal information to third parties.

USER NAME AND PASSWORD:
You are required to choose a username and password as part of the Membership Account registration process. You agree not to sell, transfer, or assign your use of or access to this website to any third party. You are solely responsible for maintaining the confidentiality of your username and password. Furthermore, you are solely responsible for any and all activities that are conducted through your account. You agree to notify B4DC immediately of any unauthorized use of your account or any other breach of security. B4DC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time, without the prior written permission of the account holder, and prior written notification to B4DC.

AGREED BY:

B4DC Breaks My Freight, LLC 11917 W HIGHLANDER RD BOISE, ID 83709 and

USER:
I HAVE READ, UNDERSTAND AND AGREE TO THE FOREGOING TERMS OF USE SET FORTH IN THIS AGREEMENT.

CLICK HERE TO ACCEPT: