Terms and Conditions

Acceptance of Terms of Use

These are the Terms of Use that govern your use of the LoadRackTracker.com site. By using, visiting, or browsing the LoadRackTracker.com site, you accept and agree to be bound the Term of Use. If anyone else uses your registration information or account, he or she is also subject to the Terms of Use. We ask, and you agree, that any such user has read this Agreement and accepts it. If you or anyone using your information does not agree to these Terms of Use, you should not use the service or the web site.

These Terms of Use are an ongoing contract between you and LoadRack.com, LLC and apply to your use of the LoadRackTracker service and LoadRackTracker.com web site. These Terms of Use affect your rights and you should read them carefully.

Acceptance of Terms of Use

Changes to Terms of Use

LoadRack.com, LLC continues to make changes and updates and by doing so reserves the right, from time to time, with or without notice to the end user, to change these Terms of Use in our sole and absolute discretion. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” located at the bottom of the pages of the LoadRackTracker.com web site or continued use of our service after changes are made means that you agree to be bound by such changes.

Privacy

Any information submitted on the LoadRackTracker.com web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted as the bottom of our Privacy Policy.

How Our Service Works

Loadrack.com, LLC is the premier provider of tendering and brokering loads. We want you to use our site to enter orders and ship freight. 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 load at the right time. You agree that you will not duplicate, copy, 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 LoadRackTracker.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. By using our service, you agree that we may send you email, that you have elected to participate in our email program, that LoadRackTracker.com may forward email messages to you and that you further elect to receive electronic messages without limitation from LoadRackTracker.com or its business partners or associates.

Membership & Billing

You can find the specific details regarding your subscription with LoadRackTracker.com at anytime by clicking on the “Your Account” Link, located at the top of the pages of the LoadRackTracker.com web site.

Billing

By using the LoadRackTracker.com service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the LoadRack Tracker service. Additional charges may include gift subscription purchases you make, or service level changes you request. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. Click on the "View Membership Terms" link on the "Your Account" page to see the commencement date for your next renewal period. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. Your Payment Method will be authorized for approximately one month of service. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the LoadRackTracker Web site. If the Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Automatic Renewals

Your LoadRackTracker subscription will be automatically renewed on a monthly basis. We will bill the monthly subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.

Cancellation

You may cancel your subscription to LoadRackTracker at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, click the words "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership." We reserve the right to terminate your account for any or no reason.

Features

1. General

The LoadRackTracker Software (the "Software") that you download and install onto your personal computer enables you to utilize our enhanced features. The Software is licensed, not sold or given, to you by LoadRackTracker, LLC for use only under the terms of this License, and LoadRackTracker reserves all rights not expressly granted to you. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original Software, unless such upgrade contains a separate license. We do not warrant that defects in the LoadRackTracker Software will be corrected.

2. Permitted Use

You may monitor your device from multiple computers. You may not make the Software available over a network where it could be used by multiple computers at the same time. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or any part thereof. LoadRackTracker may use technologies to verify your compliance. You may "uninstall" the Software from your computer at any time but if you do so, you will no longer be able to view your on that computer.

3. LoadRackTracker – Automated Location System

4.Third Party Content

Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of the third party providing such content. Apart from your right to view the third-party content, this License does not grant you the right to copy, distribute, prepare derivative works, publicly display, or make other use of such content. You are prohibited from engaging in or facilitating the unauthorized P2P file-sharing of third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such third-party content.

5. Digital Rights Management

We are using some licensed intellectual properties, including copyrights, in such content is not misappropriated. Portions of the Software used for Secure Content. If the security has been compromised, LoadRackTracker or licensors may take such action by accessing your computer as to revoke the Software's ability to play Secure Content. LoadRackTracker may also require you or otherwise take action to upgrade some of components distributed with the Software before permitting access to Secure Content, and you may receive upgrades without further notice or prompting. In addition, LoadRackTracker may notify you that an upgrade is required and then ask for your consent before the upgrade is downloaded. If you prohibit any upgrades, you will not be able to access the Secure Content. Location features that access the Internet, such as acquiring new licenses and/or performing a required IE upgrade, can be switched off. When these features are switched off, you will not be able to view Secure Content.

6. Consent to Use of Data

The Software will provide LoadRackTracker with limited access to your computer system. Among other things, the Software will provide LoadRackTracker with information related to your use of the instant viewing feature, including locations viewed, amount of time viewed, information regarding your computer system, such as your operating system, existing software, amount of available disk space and internet connectivity, and your interaction with the Software. This information will, among other things, enable LoadRackTracker to manage rights associated with the Secure Content, allow LoadRackTracker to help you use the Software more effectively and otherwise help LoadRackTracker to enhance and improve the Software, the instant viewing feature and our service and Website. Information obtained by LoadRackTracker will be treated in accordance with our Privacy Policy.

7. Export Law Assurances

You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.

8. Government End Users

The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

9. Termination

This License is effective until terminated. Your rights under this License are terminable by LoadRack.com, LLC at any time without notice. Your ability to use the instant viewing feature is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.

10. Disclaimer of Warranties and Limitations on Liability

The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to this License and the use of the Software.

Contacts

This feature allows you to connect with those on your "Contact List" to share information. To create a Contact List, just click on "Contacts" at the tab and follow the instructions provided.

Profiles

Our Profiles feature allows you to create separate sub-accounts, called Profiles, under one subscription plan. Each Profile will be able to have its own ratings history and recommendations tailored to the sub-account member's tastes, its own community of Stakeholders and its own Queue.

To create a new Profile, the Administrator who created the first LoadRackTracker account and whose Payment Method is charged, known as the Account Owner, must click on the" Your Account" link and click on "Add Profile." An Account Owner may create multiple Profiles depending on account type.

The Account Owner has access and control over each Profile, including all of the information provided and features selected for that Profile such as the sub-account member's name, password, maturity level and ability to participate in the community features. The Account Owner's control over Profiles is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit sub-account members from contacting LoadRackTracker Customer Support and potentially altering the Account Owner's control, the Account Owner should not reveal the last 4 digits of their Payment Method to sub-account members. A Profile's individualized password, established by the Account Owner, allows each sub-account member to gain access to the tailored Profile features, recommendations and Queue. All information within each Profile is personal to that Profile and cannot be seen by other sub-account members. The Account Owner, however, can see all such information. The Account Owner may terminate access to any Profile by changing the sub-account member's password and not disclosing this to that sub-account member. The sub-account member will not be able to log in upon his or her next attempt to do so.

Account Access; Identity Protection

In order to provide you with ease of access to your account, LoadRackTracker will place a cookie (a small text file) on any computer from which you access the LoadRackTracker Web site. When you revisit the LoadRackTracker web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account while requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the LoadRackTracker Web site.

If you find that you're a victim of identity theft and it involves a LoadRackTracker account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. LoadRackTracker reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. LoadRackTracker is not obligated to credit or discount a membership for holds placed on the account by either a representative of LoadRackTracker or by the automated processes of LoadRackTracker.

Disclaimers of Warranties and Limitations on Liability

THE LoadRackTracker SERVICE, INCLUDING ALL FEATURES ASSOCIATED THEREWITH, THE WEB SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE LoadRackTracker SERVICE, THE WEB SITE AND ITS CONTENTS. We assume no liability or responsibility for any errors or omissions in the content of the LoadRackTracker Web site, any failures, delays, or interruptions in service, delivery of any content contained on the LoadRackTracker Web site, including any instant mapping, any losses or damages arising from the use of the content provided on the LoadRackTracker Web site, or the LoadRackTracker service, including any losses or damages arising from the downloading and/or use of the LoadRackTracker Software or any other software or any conduct by users of the LoadRackTracker service or Web site. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not represent or guarantee that your use of the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon LoadRackTracker or its affiliated parties.

In no event shall LoadRackTracker LLC., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the LoadRackTracker Web site, its contents or our service, including any features associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our Website, its contents or our service, including any features associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's subscription fee on your subscription plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Intellectual Property

Copyright

All content included on the LoadRackTracker web site and delivered to subscribers as part of the service, including mapping, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of the Company., or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of the Company and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from LoadRack.com, LLC, or its suppliers. You agree not to decompile, reverse engineer or disassemble any software (including but not limited to the LoadRackTracker Software) or other products or processes accessible through the LoadRackTracker web site, not to insert any code or product or manipulate the content of the LoadRackTracker Web site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. LoadRack.com, LLC reserves the right to terminate your subscription hereunder if the Company, in its sole and absolute discretion, believes that you are in violation of this paragraph, the unauthorized use of our features, the LoadRackTracker Software or the copying or other unauthorized use of our proprietary content. The Company does not promote, foster or condone the copying of such software or any other infringing activity. The use of your LoadRackTracker device purchased to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the LoadRackTracker Web site.

Trademarks

LoadRack is registered trademark of LoadRack.com, LLC. The LoadRack logo, LoadRack.com, LoadRackTracker.com, Profiles, are trademarks or service marks of LoadRack.com, LLC. The LoadRackTracker Web site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of LoadRack.com, LLC. The trademarks, service marks and trade dress of LoadRack may not be used or reproduced without prior written approval from LoadRack.com, LLC and may not be used in connection with any product or service that is not affiliated with LoadRack, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of LoadRack, or in any manner that disparages or discredits LoadRack. Other trademarks that appear on the LoadRack Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LoadRack. Any images of persons or personalities contained on the LoadRackTracker.com Web site are not an indication or endorsement of LoadRack or any particular product or our service unless otherwise indicated.

Patents

U.S. Patent & Trademark Office issued to LoadRack.com, LLC U.S. Patents and Patents pending.

Use of Information Submitted

LoadRack.com LLC., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to LoadRack ("Content"), including, without limitation, responses to questionnaires or through postings to the LoadRackTracker Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the LoadRackTracker Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.

Please note LoadRack does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to LoadRack. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against LoadRack and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

From time to time, we test various aspects of our service, including service levels, plans, promotions, features,, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications

By using the LoadRackTracker service, you consent to receiving electronic communications from LoadRackTracker. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured services or information or offerings. These communications are part of your relationship with LoadRackTracker and you receive them as part of the LoadRackTracker subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Your Conduct on the LoadRackTracker Web Site

By accessing the LoadRackTracker Web site, you agree to use the LoadRackTracker service, including all features associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the LoadRackTracker Web site. You also agree not to interfere with the servers or networks connected to the LoadRackTracker Web site or to violate any of the procedures, policies or regulations of networks connected to the LoadRackTracker Web site. You also agree not to impersonate any other person while using the LoadRackTracker Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the LoadRackTracker Web site for any unlawful purpose.

Limitations on Use

By accessing the LoadRackTracker Web site, you agree to use the LoadRackTracker service, including all features associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the LoadRackTracker Web site. You also agree not to interfere with the servers or networks connected to the LoadRackTracker Web site or to violate any of the procedures, policies or regulations of networks connected to the LoadRackTracker site. You also agree not to impersonate any other person while using the LoadRackTracker Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the LoadRackTracker Web site for any unlawful purpose.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links

Some of the hyperlinks and banners on the LoadRackTracker Web site may lead to other Web sites that are not controlled by, or affiliated with, LoadRack.com,, LLC. In addition, other Web sites may link to the LoadRackTracker Web site. LoadRackTracker has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.

Claims of Copyright Infringement

It is the policy of LoadRack.com, LLC to respect the intellectual property rights of others. LoadRack.com, LLC does not promote, foster or condone the copying of software or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the LoadRackTracker Web site, or know of someone who is making unauthorized use of the content of the LoadRackTracker Web site, please notify us of your concern by submitting a written notice to us at the following address:

LoadRack.com, LLC
759 N. Vulcan,
Encinitas, CA 92024
Attention: General Counsel
888-514-9822

Your notice must be signed and contain the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;

(ii) Identification of the copyrighted work claimed to have been infringed;

(iii) Identification of the material on the LoadRackTracker Web site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;

(v) A statement that you have a 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;

(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Our copyright notice, can be reached by email address at: copyright@LoadRackTracker.com Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this phone number or email address. For queries that are not related to copyright matters, please see other ways to contact us.

Disputes; Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions. You and LoadRack.com, LLC agree that the United States District Court for State of California and/or the California Superior Court for the County of San Diego shall have exclusive jurisdiction over any dispute between you and LoadRackTracker relating in any way to the LoadRackTracker service or Web site or these Terms of Use. You and LoadRack.com, LLC expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.