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We at CarrierGuard, Inc. shall always try to provide the very best service to you that we can and to operate our business according to the best business practices. This means that we want to begin our relationship with an agreement on all the terms and conditions for the use of this website. This overview will help to avoid future misunderstandings.
This document contains all the rules for use and terms of our agreement with you, the “Site User” or “User”, for the service we shall provide. Your subscription to our service and use of this website is acceptance by you of the terms and conditions in this Agreement. We understand that the individual who registers your company as a site user with us has full authority to do so, and we rely upon your assurances that such is the case. If anyone else uses your registration information or account, they are also subject to the terms of this Agreement. We ask, and you agree, that any such user has read this Agreement and accepts it. By using the site, we understand and you agree, that you understand all of the terms and conditions of this Agreement and agree to be bound by them and to abide by them.
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 from time to time will be to this Agreement. You agree that we can make changes in our sole and independent discretion to this Agreement and the site, post it on the site, and you will abide by the changes and be bound by the terms. It will be your responsibility to inspect this agreement for those changes.
CarrierGuard, Inc. shall continuously maintain current and up-to-date information on the motor carrier’s insurance coverage, including but not limited to property and casualty limits, cargo limits, information on property and casualty coverage, cargo coverage, name of the insurance company, motor carrier number and operating authority. We shall maintain this information for each of the motor carriers you ask us to maintain as part of your subscription. We will not maintain information on any other carriers that are not within your subscription. We will constantly monitor this information for you, and if and when there is a change in a carrier’s insurance, operating authority or safety ratings, we can notify you that change has taken place in several ways. You can find changes directly through our website when you log in. We can also automatically notify you of changes by email using the email addresses you provide, and by fax using the fax number you provide. We will not send you information by email or fax about changes in carrier status if there is no change. It is then up to you to visit our website to obtain the nature and details of any changes. If you do not visit our website to see changes, then we are not responsible. Nor are we responsible for the action or lack of action you take after we post any changes, regardless of whether you are aware of them.
The information we have is the same information that was provided to the U.S. Department of Transportation. However, we make it readily available to you in an easy-to-use format with enhanced features. Although our information is as current and up-to-date as we can make it, we have not verified the information with the carrier or insurance company. We do not necessarily obtain or maintain the insurance or the certificate of operating authority for the carrier or control the carrier in any way. Therefore, we cannot warrant or guaranty the accuracy of the information provided. If there is a dispute over this information, we want to know about it, but keep in mind that we are simply an information service, and in order to protect ourselves, you agree that you will not bring us into any dispute that may arise as a result of the information provided. In order to do so, you agree to release CarrierGuard, Inc., its officers, employees and agents from all claims, liability, obligations, demands and damages, actual and consequential, of every kind and nature, known or unknown, in any way connected with such disputes and to hold us harmless from all liability and damages. We do everything we can to create a positive experience for all Site Users, and we will act promptly on your complaints, but we cannot control the conduct or the business of the carriers or the many users of our site. We also provide you with links to other sites not controlled or owned by CarrierGuard, Inc. You agree that we are not responsible for the content and hold us harmless against any liability resulting from your use of these sites.
We don't want people and companies not in the transportation industry 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 truck stop, travel center, commercial finance or factoring company, credit bureau, equipment leasing company or part of another segment of the transportation industry that conducts business with motor carriers. Use of the CarrierGuard website is for motor carrier information and supplemental motor carrier insurance purposes only. You don't want your competition knowing all of your secrets, do you? We don't either. So by subscribing to and using the site, you agree that you will not use any of the information available to compete against us online or elsewhere. No competitors or potential 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. All access and use of the site is logged, tracked and monitored for each user's account.
If you learn that an unauthorized person or company has obtained your login information, then you must notify us immediately so it can be changed, or you can login and click My Account to change the information yourself.
The CarrierGuard website is a venue for carrier information, and we want you to use our service to get that information. You agree that CarrierGuard, Inc. 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 and fax communications with our users. You agree that we may send you email and faxes, that you have elected to participate in our email and fax program, that CarrierGuard, Inc. may forward email messages to you and that you further elect to receive electronic messages without limitation from CarrierGuard, Inc. or its business partners or associates.
You know the value in being a site user, or you are soon to realize the tremendous value of our service. You will enter or provide us with a list of the carriers for which you would like to access information. The cost of our service varies based on the number of carriers you have being monitored. Your access to our service and website depends upon your payment of our annual fee, and if the fee is not paid, then we may terminate our service and your access. Cancellations must be made via fax only. Charges will be provided in an annual invoice delivered by email. This of course may change in the future. You understand that the charges, including the amount, how they are calculated, and other characteristics of our pricing model may evolve and change. We'll let you know ahead of time if we anticipate a pricing change. We will only make such a change if we determine, in our sole and independent judgment, that it is appropriate to do so. We are dedicated to delivering more than we promise at pricing that clearly creates a great benefit and real value to each user.
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 site user’s registration or any site user’s service and access to the site at any time in our sole and independent discretion and judgment.
The information offered through CarrierGuard is constantly changing by design and necessity. WE PROVIDE THE CARRIERGUARD 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. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE MONTH, OR B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. You agree as a registered user to indemnify and hold harmless CarrierGuard, Inc. from all damages resulting from claims made against CarrierGuard, Inc. relating to both your authorized use and misuse of this website and service. In no event shall we be liable or responsible for consequential, indirect, incidental, statutory or punitive damages as a result of the information provided.
CarrierGuard, Inc. is focused on the business of providing up-to-date motor carrier information, and we want to make sure that our entire organization is available as much as possible to answer your questions and carry on the day-to-day operations that make our site, and your business, successful. You, therefore, agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving CarrierGuard, Inc., shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in St. Johns County, Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or CarrierGuard, Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in St. Johns County, Florida necessary to protect the rights or property of you or CarrierGuard, Inc. pending the completion of arbitration.
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 CarrierGuard 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 State of Florida, without regard to that state's conflict of laws provisions. No waiver of any breach of this Agreement shall be 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 CarrierGuard, Inc. 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 CarrierGuard, Inc. in enforcing the terms of this Agreement. This Agreement binds and ensures to the benefit of each party's permitted successors and assigns, and CarrierGuard, Inc. may assign its right to payments and assign this Agreement without subscriber’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.
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