Welcome to the Internet website of 24WeLoad. We value your interest in its services and appreciate your visit to this website. As used hereinafter, the term “website” includes those sites (or portions thereof) which are owned and/or operated on behalf of 24WeLoad, including such sites (or portions thereof) associated with www.24weload.com. These terms and conditions do not apply to any site (or portion thereof) that is not owned or operated by or on behalf of 24WeLoad, including but not limited to the recruitment site operated by Workday, even if we provide a hyperlink or reference to such site, and even if such site is available through this website.
24WeLoad makes this website available subject to the following terms and conditions and all applicable laws. By accessing, browsing or otherwise using (collectively, “using”) this website, you represent that you, the individual user of this website, have read and understood, and are agreeing to be legally bound by, these terms and conditions, and you are agreeing to comply with all applicable laws and regulations, without limitation or qualification. By using this website, you further represent that you are at least the age of majority as defined in your jurisdiction and, notwithstanding the foregoing, at least 18 years of age, and that you have the authority to, and you do hereby legally bind, the business entity, if any, for which you serve as an agent, independent contractor or employee thereof to the same terms and conditions, without limitation or qualification. As used hereinafter, the terms “you” and “your” shall include and/or reference the individual user of this website and, when applicable, the business entity for which the individual user of this website serves as an agent, independent contractor or employee thereof. These terms and conditions shall take effect immediately on your first use of the website. If you do not agree to these terms and conditions, you are not authorized to access, browse or otherwise use this website.
24WeLoad reserves the right, at its sole discretion, to alter or change these terms and conditions at any time. Any modifications will become effective when posted on this website. No such modifications will apply with respect to any claim that arose prior to the date on which the modifications were posted. By using this website after any changes in these terms and conditions are made, you are agreeing to be legally bound by the terms and conditions as amended. Therefore, you should revisit this page frequently to determine the present terms to which you are legally bound. 24WeLoad may terminate your right to use this website without cause at any time and effective immediately. Without limiting the foregoing, 24WeLoad may terminate your right to use this website immediately and without notice for violation of any part of these terms and conditions. In the event of any such termination, the restrictions on your use of the material on this website shall survive such termination, and you acknowledge that you will continue to be bound by those terms.
As part of the website, 24WeLoad may offer its customers and contracted carriers access to its proprietary 24WeLoad web portal (also known as the 24WeLoad Shipper and Carrier Portal). The 24WeLoad web portal is a tool that may afford registered users the ability to view and monitor, in real time, certain information pertaining to their accounts, loads, shipments and purchase orders with 24WeLoad. For example, the 24WeLoad web portal may offer certain registered 24WeLoad customers the ability to track their load status in real time, post loads into the system as a means of instigating a potential order for shipment, send inquiries to 24WeLoad about their accounts and transactions, and view account status information. Similarly, the 24WeLoad web portal may offer certain registered 24WeLoad carriers the ability to view loads assigned to them, bid on available loads that need to be assigned, post trucks and other vehicles that are available to ship unassigned loads, and view account status information.
You hereby grant 24WeLoad, its employees, officers, directors and all other persons or entities involved in the operation of 24WeLoad, the right to access, transmit, receive, monitor, retrieve, store, maintain, share and use your information and/or profile in the 24WeLoad web portal for the purpose of providing services and operating the 24WeLoad web portal.
For the avoidance of doubt, all bids, postings and offers made by registered 24WeLoad web portal users are merely offers that must be accepted by or through 24WeLoad. In no event shall 24WeLoad be liable to a registered user in the absence of a written confirmation from 24WeLoad concerning the subject matter of the bid, posting and/or offer, and then only to the extent set forth in such written confirmation.
To access the 24WeLoad web portal, you must be a registered user and meet any other applicable requirements as required by 24WeLoad from time to time. To the extent you qualify for access to the 24WeLoad web portal, you will be assigned a unique user name and a password as part of the registration process. You may change your password after you log in for the first time.
As a registered user of the 24WeLoad web portal, you are responsible for maintaining the confidentiality and security of your user name and password, and you shall be responsible for all uses of your username and password. You agree to notify 24WeLoad immediately at Info@24WeLoad.com of any breach of security, including, without limitation, unauthorized use of your user name and password. You are also responsible for logging off at the end of each session to enhance your account security. The failure to do so may enable other persons having access to your computer to use your account. Without limiting the foregoing, if you enable any person to use your user name and password, you shall be liable for all activity made by that person.
Our Privacy Policy governs how we collect, use and share personal information. Personal information provided through this website may be transferred to other countries whose laws may not provide the same level of protection for personal information as the laws of the country of origin. Please see our Privacy Policy for more information.
All information and content provided on this website, whether explicitly marked or not, is the property of 24WeLoad, its subsidiaries, affiliated companies or joint partners, or others, and is subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the website.
All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “marks”), whether explicitly marked or not, used on this website are owned by 24WeLoad, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.
You must not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, software, services, content or marks available on this website in any form or by any means for any commercial use, including by using any information storage or retrieval system, without the express written permission of 24WeLoad. You may, however, copy, print or otherwise use the information or content provided on this website solely to the extent that the use is for your personal, educational or internal business use only and provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association by you with any services, product, brands or affiliates through the use of any information or content. Other use of any information, software, services, content or marks, except as expressly permitted in these terms and conditions or in a written instrument signed by 24WeLoad, is strictly prohibited. You may not disassemble, decompile, reverse engineer, reconstruct, discover, reuse or modify any source code or underlying algorithms of any information, software, services or content available on this website. You may not use 24WeLoad’s marks in connection with any product or service that is not 24WeLoad’s, or in any manner that is likely to cause confusion. Nothing in these terms or conditions or on the website grants, or should be construed as granting, any rights with respect to any marks.
You must not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather information or content available on the website, or reproduce or circumvent the navigational structure or presentation of the website, without 24WeLoad’s express prior written consent. You must not interfere with or disrupt the operation of the website or the servers or networks used to make the website available, including by hacking or defacing any portion of the website; or violate any requirement, procedure or policy of such servers or networks.
Nothing contained in these terms and conditions or on the website shall confer or be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest (a) of any third party or with respect to any third-party information, software, services or content; or (b) of 24WeLoad or with respect to any 24WeLoad information, software, services or content, except as expressly set forth above.
You are prohibited from creating a hyperlink to any page or portion of this website or framing any page or portion of this website without the prior written permission of 24WeLoad.
Any use of the information, content or marks available on this website that does not comport with the above terms and conditions shall be an unauthorized use and shall subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.
We welcome your comments regarding 24WeLoad. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “communications”) sent to 24WeLoad shall be and remain the exclusive property of 24WeLoad. Your submission of any such communications shall constitute an assignment to 24WeLoad of, and you hereby assign and agree to assign to 24WeLoad, all worldwide rights, titles and interests in all copyright and other intellectual property rights in the communications. 24WeLoad will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
YOU USE THIS WEBSITE AND THE 24WeLoad WEB PORTAL AT YOUR OWN RISK. ALL INFORMATION AND CONTENT ON THIS WEBSITE AND THE 24WeLoad WEB PORTAL IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL 24WeLoad, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED SITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR HANDLING SYSTEM OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THIS WEBSITE, THE 24WeLoad WEB PORTAL OR THE INFORMATION, SOFTWARE, SERVICES OR CONTENT THEREOF, EVEN IF 24WeLoad, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND THE 24WeLoad WEB PORTAL. IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF 24WeLoad, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS, ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, OR ANY USE OF THE WEBSITE, THE 24WeLoad WEB PORTAL OR ANY OTHER HYPERLINKED SITE, EXCEED FIFTY U.S. DOLLARS ($50).
Without limiting the above disclaimers, 24WeLoad, its subsidiaries, affiliated companies, joint partners, licensors, licensees and service providers: (1) make no warranties or representations whatsoever concerning this website, the 24WeLoad Web Portal or any other Internet site, the access to, or the availability or use of, this website, the 24WeLoad Web Portal or any other Internet site, the information and content from whatever source posted on or referred to in this website, the 24WeLoad Web Portal or any other Internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this website, the 24WeLoad Web Portal or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this website, the 24WeLoad Web Portal or any other Internet site is, or the information, software, services or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this website or the 24WeLoad Web Portal will be available for purchase or not withdrawn at any time and make no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this website or the 24WeLoad Web Portal. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Information or content available on this website or the 24WeLoad Web Portal may describe goods and services that may not be available in certain jurisdictions. Inclusion of such information or content is not a representation or warranty by 24WeLoad that such goods and services will be available to you. Contact a 24WeLoad representative to discuss the availability of such goods and services in your jurisdiction. You are responsible for ensuring that your use of any goods or services complies with all applicable laws.
This website and the 24WeLoad Web Portal may use hyperlinks or references as a convenience to you so that 24WeLoad-related subject matter and other pertinent sites, material and services are easily accessible. Such sites, material and services include, for example, the third-party support chat and other third-party functionalities made available by RMIS through www.24WeLoad.com. Linked and referenced sites, material and services may not be operated, controlled or maintained by 24WeLoad, even if they are made available through this website or the 24WeLoad Web Portal. Hyperlinks and references to other sites, material and services, including those of any 24WeLoad-affiliated entity, do not constitute sponsorship, endorsement or approval by 24WeLoad of the information, content, availability, policies or practices of such linked or referenced sites, material or services or their providers. 24WeLoad does not accept any responsibility for any information, content, availability, policies, practices or any use of such sites, material or services. You access, browse and use such sites, material and services at your own risk. Your use of any such sites, material and services is subject to any additional applicable terms, conditions and policies (including terms of service or privacy policies of the applicable third-party providers).
24WeLoad has no obligation to update any information or content on this website or the 24WeLoad Web Portal. Accordingly, 24WeLoad, its subsidiaries, affiliated companies, joint partners, licensors, licensees and service providers assume no responsibility regarding the accuracy of the information or content provided on the website or the 24WeLoad Web Portal. Any use of the information or content available on this website or the 24WeLoad Web Portal is done so at your own risk.
All disputes arising out of or related to this Terms of Use or any aspect of the relationship between you and 24WeLoad, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and 24WeLoad and you each hereby waive the right to trial by a jury. You agree that any arbitration under this Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures as amended by these Terms of Use. Any arbitration hearing will be held in Miami, Florida. The applicable governing law will be as set forth below (provided that with respect to arbitrability issues, federal arbitration law will govern). The arbitrator’s decision will follow the terms of this Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Any dispute, claim, or controversy arising out of or relating to (a) these Website Terms of Use or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (b) your access to or use of this website will be settled on an individual basis by binding arbitration between you and 24WeLoad, and not in a court of law. You acknowledge and agree that you and 24WeLoad are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Unless both you and 24WeLoad otherwise agree in writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and 24WeLoad each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If this specific paragraph is held unenforceable, then the entirety of this Arbitration Agreement will be deemed void. Except as provided in the preceding sentence, this Arbitration Agreement will survive any termination of these Website Terms of Use.
The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Arbitration Agreement and related terms and conditions are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in these Website Terms of Use, the parties agree and acknowledge that this Arbitration Agreement evidenced a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Commercial Demand for Arbitration at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Florida and will be selected by the parties from the AAA’s roster of commercial dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and 24WeLoad otherwise agree in writing, the arbitration will be conducted in the county where you reside. Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. An arbitrator’s decision shall be final and binding on all parties. An arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The party who prevails in arbitration will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Arbitration Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in the state or federal courts in Miami, Florida and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
You warrant 24WeLoad that you will not attempt to gain unauthorized access to any services offered by 24WeLoad or computer systems or networks connected to any 24WeLoad server through hacking, password mining or any other means. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available by 24WeLoad. When using the website, you agree not to pretend to be someone else or to assume their identity.
You agree to defend, indemnify, save and hold harmless 24WeLoad, its subsidiaries, affiliated companies, joint partners, licensors, licensees, service providers and their respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this website, including any violation or alleged violation of the terms and conditions of this Terms of Use Agreement.
24WeLoad controls this website (excluding linked sites) from its headquarters in Miami, Florida, United States of America and makes no representation that any information or content contained in this website is appropriate or available for use in other locations. Accessing this website in locations in which the use of such information or content is illegal is prohibited. Except as otherwise provided in the Arbitration Agreement above, by accessing this website, you agree that the statutes and laws of the State of Florida, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this website and that if you use this website from any other location you are responsible for compliance with applicable local laws.
If any part of these terms and conditions is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect. Any waiver of any term or condition of this agreement shall be effective only if in writing signed by the duly authorized representatives of 24WeLoad. Any failure or delay by 24WeLoad in enforcing any of these terms or conditions shall not in any way affect, limit, or waive 24WeLoad’s rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this agreement. Neither your use of the website nor this agreement creates an agency, partnership, joint venture or employer-employee relationship with 24WeLoad. Absent a written agreement concerning the provision of goods or services by 24WeLoad, this agreement represents the entire understanding between the parties with respect to the subject matter hereof and supersedes all previous understandings agreements, discussions, negotiations, and representations, oral or written, between the parties with respect to the subject matter hereof and can only be modified in writing signed by 24WeLoad.
By using this website, you further agree that you will not use this website or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these terms and conditions.
When applicable, you further agree, as a condition of using this website, to ensure that all your agents, employees and independent contractors adhere to these terms and conditions.
Without prejudice to any other rights, 24WeLoad may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement or your Broker-Carrier Agreement.
This site is controlled and operated by 24WeLoad or its representatives. All material on the Site, including, but not limited to, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, registered and unregistered, and other intellectual property rights which are owned and controlled by 24WeLoad or by other parties that have licensed their material to 24WeLoad. Material from any website owned, operated, licensed, or controlled by 24WeLoad may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means unless otherwise agreed to in writing by 24WeLoad. The materials on the Site may not be used for commercial benefit without prior expressed written permission by 24WeLoad.
Any contractual agreements between you and 24WeLoad will be documented through a separate written agreement between you and 24WeLoad, although the process may be initiated by submitting information through the Site. 24WeLoad’ receipt of any transaction request information does not signify acceptance of any offer regarding the terms of such transaction. 24WeLoad RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ANY PRODUCTS OR SERVICES DESCRIPTIONS LISTED ON THE SITE, INCLUDING ANY PRICES FOR SUCH PRODUCTS OR SERVICES.
In addition, you acknowledge that 24WeLoad provides navigation data or instructions only for convenience, and 24WeLoad makes no guarantee as to accuracy. Navigation data and instructions do not necessarily take into account any of the following: (1) the height of the truck and/or load, (2) the presence of bridges both on or above the route, (3) the suitability of the route for a particular load or shipment, or (4) the size, paving, number of lanes, traffic conditions, or general road character and conditions. Finally, by accepting this Agreement you agree that if you suspect that any directions or route requires you to perform an unsafe (as to persons or property) or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe or improper, then you will not follow such suggested directions or route.
In no event shall 24WeLoad or its licensors be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out of your use of or inability to use the Mobile App, even if 24WeLoad or such licensors have been advised of the possibility of such damages. In no event will 24WeLoad or its licensors be liable for loss of data or for indirect, special, incidental, or consequential (including lost profit) damages, whether based in contract, tort or otherwise. Neither 24WeLoad nor its licensors shall have any liability with respect to the content of the Mobile App or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. In no event will the maximum aggregate liability of 24WeLoad, arising out of or relating to this Agreement or the Mobile App, exceed fifty U.S. Dollars ($50).
You agree to indemnify and hold 24WeLoad harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys’ fees and costs, whether brought by third parties or otherwise, due to or arising out of: (1) your breach or alleged breach of this Agreement and any use of the Mobile App other than as expressly permitted herein; or (2) your violation of any law or your violation of the rights of a third party, including the infringement by you of any intellectual property or other proprietary or contract right of any person or entity. The foregoing indemnity obligations will survive any termination of the Agreement or your use of the Mobile App. 24WeLoad, reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of 24WeLoad, which may be granted or withheld in its sole discretion.
In addition, you understand that (a) this Agreement does not replace your Broker-Carrier Agreement; (b) all of the terms, conditions, promises, and obligations contained in the Broker-Carrier Agreement shall continue without limitation herein; and (c) where this Agreement may conflict with the Broker-Carrier Agreement, the Broker-Carrier Agreement shall prevail. Any data provided to you via the Mobile App is for convenience only and shall not substitute for any paperwork required under the Broker-Carrier Agreement, by law, or otherwise.
Any dispute, claim, or controversy arising out of or relating to (a) this End User Software License Agreement or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (b) your access to or use of the Mobile App will be settled on an individual basis by binding arbitration between you and 24WeLoad, and not in a court of law. You acknowledge and agree that you and 24WeLoad are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Unless both you and 24WeLoad otherwise agree in writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and 24WeLoad each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If this specific paragraph is held unenforceable, then the entirety of this Arbitration Agreement will be deemed void. Except as provided in the preceding sentence, this Arbitration Agreement will survive any termination of this End User Software License Agreement.
The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Arbitration Agreement and related terms and conditions are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in this End User Software License Agreement, the parties agree and acknowledge that this Arbitration Agreement evidenced a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida.
Unless you and 24WeLoad otherwise agree in writing, the arbitration will be conducted in the county where you reside. Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. An arbitrator’s decision shall be final and binding on all parties. An arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The party who prevails in arbitration will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Arbitration Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in the state or federal courts in Miami, Florida and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
We are committed to helping you find the answers you are looking for.
General Questions Call (800) 250-2215 Carriers, for more information email our Carrier Resource department at
mailto:info@24weload.com or call (800) 250-2215
