BulkLoads.com Terms of Service

Last updated on December 1st, 2023.

Welcome to the BulkLoads.com website (the “Website”) and/or mobile applications (the “Apps”) provided to you by Bulk Loads Now, LLC (“BulkLoads.com”, “we”, “us”, “our”). The Website, the Apps, and other features of the Service (as hereinafter defined) were created in order to provide you a much easier way to find loads and move more freight. These BulkLoads.com terms of service (the “Terms of Service”) govern your access to and use of the Service, including any content, functionality or any other feature of the Service, whether as a guest or registered user.

ACCEPTANCE OF TERMS OF SERVICE
BulkLoads.com provides the Service to you, subject to the following Terms of Service and our privacy policy found at https://www.bulkloads.com/sign_up/privacy_policy/, incorporated herein by reference, (the “Privacy Policy”). Your use of the Website, the Apps, application programming interfaces (“APIs”) or other feature of the Service constitutes your agreement to be bound by all terms, conditions and notices contained in these Terms of Service. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS OF SERVICE, DO NOT ACCESS THE SITE, THE APPS AND DO NOT USE THE SERVICE. You should read all the Terms of Service carefully as they constitute a legally binding agreement between you and BulkLoads.com.

CHANGES TO TERMS OF SERVICE
BulkLoads.com may update the Terms of Service to reflect changes in the Service and customer feedback. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set out in these Terms of Service will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website and/or the Apps. Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to review this page from time to time so you are aware of any changes, as they are binding on you.

DESCRIPTION OF SERVICE
BulkLoads.com currently provides North American (USA and Canada) users with an online freight matching service which allows users to post and search for available loads and trucks and use any other freely offered services integrated within the Website and the Apps, in addition to any related services, modules, functions, software or platforms (all of the foregoing, including the Website and the Apps, the “Service”). You also understand and agree that the Service may include certain communications from BulkLoads.com, such as service announcements, administrative messages, and that these communications are considered part of the Service, and that you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BulkLoads.com properties, shall be subject to these Terms of Service. You understand and agree that the Service is provided “AS-IS” and that BulkLoads.com assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

MODIFICATIONS TO SERVICE
BulkLoads.com reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof) with or without notice. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Website, the Apps, or the Service without notice. BulkLoads.com shall not be liable to you or any third party should BulkLoads.com exercise its right to modify the Service.

INTERRUPTIONS, SUSPENSIONS, DISCONTINUANCE OF SERVICE
BulkLoads.com strives for continuous service uptime. However BulkLoads.com reserves the right to suspend or discontinue the Service with or without notice. All users of the Service acknowledge and accept that BulkLoads.com does not guarantee continued, uninterrupted, or secured access to the Service, and that that BulkLoads.com shall not be liable to you or to any third party for any interruption, suspension or discontinuance of the Service.

USE OF WEBSITE OR APPS WHILE OPERATING A MOTOR VEHICLE
Using our Website or Apps for iOS, Android or other devices while driving a truck or other motor vehicle can cause serious injury, death, or property damage to you or others. DO NOT USE OUR APPS UNLESS YOUR VEHICLE IS STATIONARY AND PARKED. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OF THE WEBSITE AND APPS AT ALL TIMES.

SUBSCRIBER REQUIREMENTS
Each person who creates a BulkLoads.com account, whether through the Website or the Apps (a “Subscriber”), makes the following representations and warranties:

1. Subscriber is no less than eighteen (18) years old;
2. Subscriber is or represents a bona fide owner-operator, carrier, shipper, freight broker, 3PL, freight forwarder or trucking industry consultant;
3. Subscriber’s access to BulkLoads.com is for commercial purposes only and is limited to finding loads and/or trucks through the use of our freight matching service and/or taking advantage of the other services offered by BulkLoads.com;
4. Subscriber’s commercial purpose in accessing and using BulkLoads.com is not to directly or indirectly compete with or gain competitive advantage in relation to BulkLoads.com;
5. Subscriber will not allow non-registered users to use subscriber’s password and/or username to access subscriber’s account without the express written consent of BulkLoads.com;
6. When submitting content to the BulkLoads.com’s Website or through the Apps, subscriber represents and warrants that the information is accurate, that Subscriber is authorized to submit the information, and that the information content, format and delivery method are appropriate.

Should a user violate any provisions for Subscriber qualification, BulkLoads.com may terminate the Subscriber’s account without notice or warning, in addition to being subjected to any and all other legal remedies that may be available to BulkLoads.com under these Terms of Service, including but not limited to civil and/or criminal actions under state/provincial and/or federal law. Should BulkLoads.com be forced to institute legal action against subscriber to enforce these Terms of Service or for any other violations of state and/or federal law not specifically enunciated herein, subscriber expressly agrees to bear any and all costs associated with such action, including but not limited to attorney’s fees incurred by BulkLoads.com.

MILEAGE
As an added benefit for users of the Service, BulkLoads.com displays the mileage of posted loads. This display of mileage is meant only to give users an estimate as to the distance between the starting and destination points of the load. BulkLoads.com makes no claim, representation, or warranty as to the accuracy of such mileage and in no way is the broker/shipper/carrier/trucker bound to such displayed mileage. The broker/shipper/carrier/trucker makes the final determination as to the mileage he/she will pay for.

NO RESALE OR OUTSIDE USE OF SERVICE OR DATA
You agree not to reproduce, duplicate, scrape, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

COMPLAINT HANDLING PROCEDURES
If a problem is attributed to Service, our objective is to resolve the problem promptly, equitably and amicably. All complaints must be sent by email to [email protected]. Please include your name, subscription information, and complete description of your complaint. We strive to respond to all inquiries within 24 hours.

TERMINATION
You agree that BulkLoads.com may, under certain circumstances and without prior notice, in its sole and absolute discretion, immediately terminate your BulkLoads.com account and access to the Service. Cause for such termination shall include, but not be limited to:

1. Breaches or violations of the Terms of Service or other incorporated agreements or guidelines;
2. Requests by law enforcement or other government agencies;
3. A request by you (self-initiated account deletions);
4. Discontinuance or material modification to the Service (or any part thereof);
5. Unexpected technical or security issues or problems; and
6. Extended periods of inactivity.

Termination of your BulkLoads.com account includes:
1. Removal of access to all offerings within the Service;
2. Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); and
3. Barring further use of the Service. Further, you agree that all account terminations shall be made in BulkLoads.com’s sole and absolute discretion, and that BulkLoads.com shall not be liable to you or any third party for any termination of your account or access to the Service, including for claimed damages of any nature whatsoever resulting from such termination.

CONTENT SUBMISSION
If you are submitting content to our Website or through the Apps, you represent and warrant that the information is consistent with the Terms of Service, accurate, that you are authorized to submit the information, and that the information content, format and delivery method is appropriate. By submitting content to our Website or through the Apps, you agree that BulkLoads.com, its affiliates, and assigns are licensed to use, reproduce, display, perform, adapt, modify, distribute, and promote the information in a manner we deem reasonable in our sole and absolute discretion. We have the right to (a) remove or refuse to post any user content for any or no reason in our sole discretion; (b) take any action with respect to any user content submission that we deem necessary or appropriate in our sole discretion, including if we believe that such user content violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for BulkLoads.com; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; (e) terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS BULKLOADS.COM, ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY LAW ENFORCEMENT AUTHORITIES.
However, and notwithstanding anything seemingly to the contrary in these Terms of Service, we do not undertake to review all material before it is posted on the Website or the Apps, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

RELIANCE ON INFORMATION POSTED
The information presented on or through the Website or the Apps is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or the Apps, or by anyone who may be informed of any of its contents.
The Website and the Apps include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person providing those materials. These materials do not necessarily reflect the opinion of the BulkLoads.com. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

LINKS FROM THE WEBSITE OR THE APPS
If the Website or the Apps contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We accept no responsibility for the content of other sites and resources provided by third parties, or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website or the Apps, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

TECHNOLOGY
You acknowledge that BulkLoads.com is an Internet-based business and that our Service is available through the Internet. To maintain an account with us, you will need to be able to access our Website or the Apps through the internet, which requires appropriate technology, including, without limitation, computer equipment or a mobile device, internet access, a web browser, and an e-mail account. You acknowledge and understand that you may incur certain operational costs in connection with your use of the Internet, such as monthly fees for a service provider, airtime charges, data charges, etc., for which you are solely responsible.

PROPRIETARY RIGHTS
The content and software used on the Website and in the Apps, including, without limitation, layout and design, are the exclusive property of BulkLoads.com and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Users may not copy or retrieve data or other content from the Website or the Apps, either manually or through the use of automatic devices, for any purpose not provided in these Term of Service without the express written permission of BulkLoads.com. Users may not use meta tags or other hidden text utilizing the BulkLoads.com name, trademarks or other intellectual property, nor may a user use framing techniques to enclose any portion of the Website or the Apps, without the express written permission of BulkLoads.com. Unless expressly authorized in writing by BulkLoads.com, no user may reproduce, modify, distribute, transmit, republish, display, rent, sell, license, edit, or create derivative works from any of the content or other material available through the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BulkLoads.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software used in connection with the Service, in whole or in part.

DISCLAIMER OF WARRANTIES
BulkLoads.com maintains an online freight matching service for use by carriers and shippers in order to communicate and do business with each other. BulkLoads.com does not handle funds, control the users of the Service in any way, or arrange for the movement of freight. All such arrangements are made by the users of the Website and the Apps, and any terms and conditions of such freight movement are solely between the carrier and the shipper.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet, including the Website and the Apps, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICES, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE BULKLOADS.COM NOR ANY PERSON ASSOCIATED WITH BULKLOADS.COM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER BULKLOADS.COM NOR ANYONE ASSOCIATED WITH BULKLOADS.COM REPRESENTS OR WARRANTS THAT THE WEBSITE, THE APPS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APPS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, THE APPS, OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE APPS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APPS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, BULKLOADS.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL BULKLOADS.COM BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR DATA) HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BULKLOADS.COM, ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO BULKLOADS.COM FOR THE SERVICE FOR THE MONTH DURING WHICH THE LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION
All users of the Website and the Apps agree to indemnify, defend, and hold BulkLoads.com, and its subsidiaries, affiliates, members, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, including, without limitation, your use of the Service while operating a motor vehicle, content you submit, post, transmit or make available through the Service, or your violation of applicable law or any civil claim, action, or litigation of any kind. BulkLoads.com functions solely as an intermediary for the trucking business. You may notify us of a violation of these Terms of Service by a user or fraud or misconduct on the part of a user, which BulkLoads.com may, but has no obligation, to investigate. You covenant and agree that you will not seek to join BulkLoads.com in any dispute with another user, whether or not that dispute results in any claim, action, or litigation. You agree to indemnify, defend, hold harmless and release BulkLoads.com, its subsidiaries, affiliates, members, officers, agents, co-branders or other partners, and employees from all claims, demands, and damages, actual, consequential, special, or punitive, of every kind and nature, known or unknown, in any way connected with such disputes between you and any other user or any third-party.

NO THIRD PARTY BENEFICIARIES
You agree that, unless otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service or the Service.

GENERAL INFORMATION
The Terms of Service constitute the entire agreement between you and BulkLoads.com and govern your use of the Service, superseding any prior agreements (oral, written, or electronic) between you and BulkLoads.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BulkLoads.com services, affiliate services, third-party content or third-party software. You acknowledge that by registering with us, submitting information to us for posting or any other purposes, or by using the Service, including the Website and the Apps, no fiduciary, confidential, contractually implied, partnership, joint venture, employer-employee, agency, or other relationship is created between you and BulkLoads.com, other than the express contractual relationship set forth in these Terms of Service.

GOVERNING LAW AND JURISDICTION
All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).
Without limiting the applicability of the binding arbitration provision of these Terms of Service, in the event that any legal suit, action, or proceeding arising out of, or related to, the Service or these Terms of Service is instituted, the same shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri, in each case located in the City of Springfield and County of Greene. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER OF JURY TRIAL
WITHOUT LIMITING THE APPLICABILITY OF THE BINDING ARBITRATION PROVISION OF THESE TERMS OF SERVICE, IN THE EVENT THAT ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF, OR RELATED TO, THE SERVICE OR THESE TERMS OF SERVICE IS INSTITUTED, YOU AND BULKLOADS.COM IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS OF SERVICE.

WAIVER OF CLASS ACTION
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH THE SERVICE SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NO USER OF THE SERVICE SHALL SEEK TO HAVE ANY DISPUTE HEARD IN A CLASS, COLLECTIVE, OR JOINT ACTION, OR IN ANY OTHER PROCEEDING IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATION OR PROCEEDINGS.

BINDING ARBITRATION
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS OF SERVICE SHALL BE SETTLED BY ARBITRATION PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING THE LAW OF THE STATE OF MISSOURI WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF MISSOURI OR ANY OTHER JURISDICTION), AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE BINDING, CONCLUSIVE AND NON-APPEALABLE AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY
No waiver by BulkLoads.com of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BulkLoads.com to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

ASSIGNMENT
We reserve the right to assign our rights and obligations under these Terms of Service to one or more of our affiliates or to any successor entity by way of merger, consolidation, or otherwise. You are not entitled to assign your account registration or any of your rights or responsibilities under these Terms of Service without our express written consent. These Terms of Service will inure to the benefit of, be binding upon, and be enforceable by our successors and assigns.

NOTICES
BulkLoads.com may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Service, in BulkLoads.com’s sole discretion.

HEADINGS FOR CONVENIENCE ONLY
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.

VIOLATIONS
Please report any violations of the Terms of Service to us by email at [email protected].