WEBSITE TERMS OF USE AND AGREEMENT

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
These terms of use are an agreement between Freeman Investment Services, LLC (“FIS”) and users of its website (“you” or “user”).  This agreement (the“Agreement”) also governs your use of the products and services made available to you by FIS through its website (BROKERLIVELOADS.com).  By using the Website, you acknowledge that you have reviewed and agree to all of the provisions, disclosures and disclaimers in this Agreement and agree to be bound by them in connection with your use of the Website.

Ownership.  FIS owns and operates the Website.  All information, text, graphics, software, and other content that make up the Website (the “Materials”) are the property of FIS or its licensors. Except as expressly provided in this Agreement, nothing within the Website or Materials shall transfer any ownership interest in or license to any of the Materials, whether by estoppel, implication, waiver, or otherwise. Your ownership shall be limited to the personal data which you have entered into your “Load History,” “Address Book” and “Accounting Ledger” sections of BrokerLiveLoads and you are encouraged to regularly download these sections into your personal computer using the “Export to Excel” button on those pages.

License.  Upon and subject to the terms and conditions of this Agreement, FIS grants you a non-exclusive, non-transferable, revocable license to access and use the Website and Materials only in the manner presented by FIS. Except as and only to the extent expressly permitted in this Agreement,you agree that you will not use, sublicense, sell, assign, convey, transfer,disclose, publish, display, copy, reproduce, adapt, alter, reverse engineer,modify, create derivative works from or otherwise deal with any Materials from the Website and shall protect the Materials from any of the same.  Any use of the Materials for any other purpose is a violation of these Terms of Use and of the copyright and other intellectual property rights of FIS or its licensors. FIS nor BrokerLiveLoads are a licensed broker, but a service to shippers and transportation companies. Use of any such Material on any other website or networked computer environment is strictly prohibited.

Hosting & Security of User Data.   FIS agrees to host your personal data that you correctly and appropriately input on the BrokerLiveLoads server (s). FIS BrokerLiveLoads incorporates 128 bit encryption, an SSL Certificate and database security. Your data will be backed-up nightly at our hosting facility. FIS makes great effort to effectively back-up your data, however for even greater data-loss security you are encouraged to also download your Load History, Address Book and Accounting Ledger and any other important information from time to time using BrokerLiveLoads 's download to Excel buttons from time to time.

Copyright and Trademark.  You acknowledge that the Materials available on the Website are protected by copyright, trademark, patent, or other intellectual property rights of FIS and its licensors.  The name “BrokerLiveLoads”, and associated logos are proprietary trademarks and service marks of FIS, LLC. Any use of any of the trademarks, service marks, or trade names appearing throughout the Website without the express written consent of FIS or the owner of the mark or name, as applicable, is prohibited.

No Affiliation; Restrictions on Use.  In using the Website, youagree you will: (1) not hold yourself out as in any way sponsored by, affiliatedwith, or endorsed by FIS or its service providers, and (2) not access, copy, or download portions of the Website, other than your personally input data, that are not intended for the public, including, but not limited to, any software and programs used in connection with the Website and the Materials.

Changes.  At its sole discretion, should FIS find it reasonable and prudent, FIS reserves the right, to restrict, suspend or terminate access to all or any part of the Website and Materials or to change, suspend or discontinue all or any aspect of the Website and Materials, including the availability of any feature, database, information or content, with or without notice or liability. FIS reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice. Any modifications shall be effective upon posting to the Website. You may review the Terms of Use page periodically so that you are aware of any such modifications. Your continued use of the Web site after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use. If, at any time, the Terms of Use are not acceptable to you, you should immediately cease use of the Web site and notify FIS of your desire to cancel your subscription. You agree that this standard for notice of modifications is reasonable.

Subscription Fees.  In consideration for the licenses granted hereunder and during the term of the Agreement, you agree to pay to FIS the Subscription Fee recited in the Website at the time of your registration in accordance with the schedule recited in Website. Upon the expiration or termination of this Agreement, including any termination for failure to pay the Subscription Fee, all rights granted to you under this Agreement shall immediately terminate and revert to FIS and you shall discontinue all use of the Website and Materials.

Links to Other Internet Sites.  The Website may contain links to other internet sites and services that are operated and maintained FIS or by third parties.  You acknowledge, understand and agree that FIS will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other sites.

Links to the WebSite or Materials. Any website or other device that links to http://www.BrokerLiveLoads.com or any page available therein is prohibited from (a) replicating Materials, (b) using a browser or border environment around the Materials, (c) implying in any fashion that FIS is endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with FIS, (e) presenting false information about FIS products or services, and (f) using any logo or mark of FIS or any of its affiliates without express written permission from FIS.

Your Information.  You acknowledge that you are aware of and accept the terms and conditions of FIS's Privacy Policy. You should be aware of the general risks of transmitting information over the Internet. FIS goes to great lengths and is ever vigilant in preventing any unauthorized person from accessing files or tampering with the site, including 128 bit encryption, an SSL Certificate and database protection. However due to the nature of the internet and computers, like any site, we cannot be absolutely certain and can make no guarantee that these efforts will always be 100% successful or that information will always be transmitted without any interruption or error.

Your Use of Copyrighted Materials.  The Website includes an interactive portion that allows users to submit information and materials.Users shall not provide copyrighted or other proprietary information to FIS without permission from the owner of such material or rights and shall be solely responsible for any damages resulting from such disclosures. Users shall be solely responsible for obtaining such permission and agree to indemnify FIS for any claim that information or materials submitted by you infringe any third-party intellectual property right. You grant FIS a nonexclusive license to prepare and distribute derivative work of any information or material submitted by you through the Website for the purposes in which they were provided.

Master Carrier Database.  The BrokerLiveLoads Master Carrier Database is the sole property of FIS. As a subscriber, you are entitled to use it within the confines of the BrokerLiveLoads program. You may not download, copy, share, distribute or reproduce in whole or in part any information from the Master Carrier Database.

Your Conduct.  We may adopt and revise policies from time to time governing the conduct of our users.  You agree not to use the Website or information from other users or the Master Carrier Database to send unsolicited commercial messages, or to initiate unsolicited commercial transactions, either individually or in a mass mailing or message distribution. You warrant to FIS that you will not use this Website for any purpose that is unlawful or prohibited by this Agreement of use in any manner.

WARRANTY DISCLAIMER.  THE WEBSITE AND THE MATERIALS IT CONTAINS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  FIS DOES NOT WARRANT THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES, ERRORS OR OTHER HARMFUL COMPONENTS.  FIS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE WEBSITE AND THE MATERIALS; (2)YOUR USE OF THE WEBSITE OR MATERIALS; OR (3) ANY THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.  IN NO EVENT WILL FIS, ITS SUPPLIERS OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST PROFITS OR DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY’S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, LOSS OF PERSONAL DATA ON OR INABILITY TO USE, THE WEBSITE, THE MATERIALS IT PROVIDES, OR ANY OTHER HYPER LINKED WEBSITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF FIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH FIS, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $1.00.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  THIS SECTION WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THIS EXCLUSION AND LIMITATION.

Indemnification.  You agree to indemnify and hold harmless FIS, its affiliates and their respective officers directors, agents, and employees from and against any claim, demand, or cause of action, including any(including attorneys fees) arising out of claims based on any aspect of your use of the Website and Materials, including without limitation, (i) your failure to comply with these Terms of Use; and (ii) your infringement, violation, or misappropriation of any third party rights or any applicable law or regulation.

General.  If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law,then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.  The application of these provisions, disclosures, terms, conditions and disclaimers and all other matters arising from your use of this Website or of any information you obtain from FIS shall be governed by the laws of the United States of America and the State of Kansas.  Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of this Website or any information you receive from FIS shall be brought exclusively in the United States District Court, District of Kansas, or the Superior Court of Kansas in and for Shawnee County, and you hereby expressly consent to the exercise of jurisdiction over you by such courts.  Any notice to FIS shall be given in writing and sent by certified and registered mail to Freeman Investment Services, LLC, 2037 S.W.Fillmore Street., Topeka Kansas, 66604,  Attn: Legal Department.

Entire Agreement.  This Agreement constitutes your entire agreement with FIS and supersedes all prior or contemporaneous communications,proposals or agreements, whether oral or written, between us.  You agree that this agreement takes effect on your first use of the Website, and that it applies to all persons accessing the Website from your computer.  You agree and are obligated to regularly review this Agreement for changes and agree to those changes by continuing to use the Website.  FIS has the right to amend this Agreement at any time without notice to you by making changes to this Agreement as posted.  If any inconsistency exist between the terms of this Agreement and any additional terms and conditions posted on the Website, such terms will be interpreted as to eliminate any inconsistency, if possible,and otherwise, the additional terms and conditions will control.

Headings.  The headings used in these terms of use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms of use.

Limitation of Action.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Website must be filed within one (1) year after such claim or cause of arose.

Reasonableness of Provisions.  You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity.  A printed version of this agreement will be admissible in any proceeding relating to this Agreement to the same extent as other business documents and records generated and maintained in printed, hard copy form. Notwithstanding any provisions of this Agreement, FIS has available all remedies at law or equity to enforce this Agreement. There are no representations, promises, warranties or undertakings by FIS contrary to those set forth above.

Restriction Regarding Minors.  You must be at least 18 years of age to use the Website.  You agree to be solely responsible for (i)maintaining such controls over the use and/or access to the Website by minors in your family or (ii) having access to your computer or login limited to the extent necessary to restrict use to adults.
I HAVE READ THE FORGOING AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS BY USING THE WEBSITE.

Read Our Privacy Policy  HERE