LoadExpress, Inc. Terms & Conditions

This document sets forth the terms and conditions pursuant to which “Shippers” and “Carriers” agree to use the LoadExpress, Inc. (“LoadExpress”) website, Protocol for the booking of shipments and the payment of freight charges through its affiliate LoadExpress Services (“LES”), and associated mobile applications, products, tools and services (collectively “LoadExpress” or “Marketplace”).

The term “Shipper” shall mean the beneficial owner of cargo to be transported, the disclosed and lawful agent of the beneficial owner, or a consignor or consignee with the right to enter bill of lading contracts which warrant it is authorized to accept and discharge the duties of Shipper set forth herein.

The term “Carrier” shall mean a properly licensed, authorized and insured transportation service provider which warrants that it meets LoadExpress’ Terms and Conditions for bidding on loads and accepting freight pursuant to Protocols established by LoadExpress and incorporated into the contract between Shipper and Carrier at time of booking.

LoadExpress maintains this Marketplace to facilitate the matching of available shipments with licensed Carriers which contract directly with Shippers on a load-by- load or shipment basis subject to the Terms and Conditions established herein and who agree to appoint LES, a licensed property broker, as their agent solely for the purpose of collecting agreed freight charges from Shipper and transmitting same to Carrier pursuant to arrangements made between Shipper and Carrier.

Our Role.  LES is a Broker of Property (except Household Goods) ('Broker'). The Department of Transportation (DOT) division of Federal Motor Carrier Safety Administration (FMCSA) defines a Broker of Property as an individual, partnership, or corporation that receives payment for arranging the transportation of property (excluding household goods) belonging to others by using an authorized Motor Carrier. A Broker does not assume responsibility for the property and never takes possession of it. We are a Broker of Transportation, and do not broker household goods. Therefore, you agree to not solicit household goods as a Shipper nor transport household goods as a Carrier via the Marketplace. LES IS NOT A FREIGHT CARRIER OR AN AGENT FOR A FREIGHT CARRIER. We do not own the equipment, employ drivers or affiliates of Carriers with whom you negotiate the transport of your freight.

By accessing, browsing and/or using this Marketplace, you acknowledge that you have read, understood and agree with this Terms of Service ('Agreement') and will comply with all Terms & Conditions, applicable federal, state and local laws and regulations. This Agreement is a contract between 'you' and LoadExpress, Inc. and applies to your use of the Marketplace and all transactions conducted through it, including but not limited to, shipments, communications and the transfer and release of funds between Shipper and Carrier. 'You' refers to all individuals and business entities using the Marketplace and services. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT USE THE LOADEXPRESS MARKETPLACE.

Limited Warranty

Neither LoadExpress nor LES accept liability for cargo claims or the delivery of freight tendered by Shipper to Carriers pursuant to the contract of carriage agreed to between users of their services. Users of their services accept the Protocols set forth on this website and agree that LoadExpress has sole responsibility as to facilitate the contracting of freight between two willing parties which have agreed to enter written bilateral contracts for the shipment of freight using Marketplace’s services and Protocols.

Shippers and Carriers further agree that LES is a licensed property broker whose sole responsibility in arranging for transportation is to arrange for the payment of freight charges pursuant to the contracting Protocols established herein and to receive and discharge the freight charge payment obligations to Carriers in accordance with the obligation of a licensed property broker pursuant to 49 C.F.R. §371 and the Service Terms and Conditions herein.

LoadExpress and LES accept no responsibility for the performance of service by Carriers or the accuracy of Shipper information concerning loads to be tendered. With respect to Carriers, LoadExpress warrants only that Carriers are licensed and authorized to operate on the nation’s roadways by the Federal Motor Carrier Safety Administration and have on file Certificates of Insurance in the amount shown on LoadExpress’ Shipper-Carrier Protocol.

No Liability. Under no circumstances shall LoadExpress, LES, our officers, directors, agents, partners, employees and/or suppliers be liable for any indirect, special, incidental or consequential damages, including but not limited to, loss of data or profit, arising out of the use of, inability to use, or in connection with the LoadExpress Marketplace or this Agreement. LoadExpress does not take possession of freight, contract employees of or contract partnership with the Carriers transacting business on the Marketplace. We are not liable for overages, shortages or damages to freight. Further, we are not liable for damages, misconduct or misrepresentation by either party. We are not responsible for any claims arising out of negligence by the Shipper, consignee, Carrier or any other third party or person(s) involved with pick up, transport or drop off of the shipment. We shall not be liable in the event that our participation or performance is delayed or made impossible by causes beyond control.

No Warranty. LoadExpress make no guarantees, warranties, or representations of any kind, express, or implied, with respect to the Marketplace. The Marketplace and related services are provided as is and without any warranty, whether expressed, implied or statutory. LoadExpress specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not control the goods or services paid for via the Marketplace, and we do not guarantee a User with whom you are transacting business will complete a transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of the Marketplace, and its operation may be interfered with or affected by factors outside of our control. We make reasonable efforts to process electronic fund transfers and/or paper checks (as needed) in a timely manner; however, we make no warranties regarding the amount of time needed to complete such processing, depending upon the presence of factors outside of our control (e.g. delays in the banking system or postal service).

Shipper Warranties

In posting shipments with LoadExpress pursuant to this website, Shippers warrant as follows:

  1. The weights, commodities, origins, destinations and description of shipments are accurate.
  2. Shipper has properly disclosed any specialized service requirements to Carrier as part of the bidding process prior to the issuance of the Load Confirmation Sheet confirming contract of haul.
  3. Shipper warrants that the cargo will be properly packaged to withstand the perils of transportation and shall contain no hazardous substances as defined under Federal Motor Carrier Safety Regulations.
  4. Shipper shall accept and ensure strict compliance with all Shipper obligations pursuant to the terms and conditions of the Straight Truckload Bill of Lading.

Carrier Duties and Obligations

In responding to any Request for Proposal by a Shipper, Carrier warrants as follows:

  1. Information supplied by it to LoadExpress is true and accurate.
  2. Carrier is licensed and authorized by the FMCSA to transport the involved shipments on the nation’s highways and has on file and in effect Form BMC-91X assuring its financial responsibility in accordance with 49 C.F.R. §389.
  3. Carrier actually owns or legally operates the commercial motor vehicle which will pick up and transport from origin to destination any freight accepted pursuant to these Terms and Conditions and all such equipment shall be operated in strict compliance with federal and state applicable safety and employment laws. You will immediately cease use of the Marketplace and inform us in the event that your registration, certification and/or compliance with these regulations have expired or is terminated. You will provide all required documentation to maintain or re-establish compliance with such laws, rules and regulations.
  4. Carrier agrees to indemnify and hold harmless LoadExpress, LES, and any contracting Shipper from (a) any breach of warranty or contract; or (b) any negligent or willful act or omission of Carrier, its employees and contractors with respect to any services undertaken pursuant to these Terms and Conditions.
  5. Carrier expressly warrants that all insurance information provided to LoadExpress is true and accurate, that there are no exclusions, exceptions or equipment restrictions in its policy which would preclude coverage and that no load will be contracted for using the LoadExpress network if at the time of booking the Certificate of Insurance provided by Carrier and on file with LoadExpress does not accurately reflect the policies of insurance in force.

LoadExpress Duties and Obligations

LoadExpress warrants that Shipper’s posting loads on its website have agreed to these Terms and Conditions and will provide Carrier with confirmation that adequate freight payment or credit has been secured prior to pickup to assure that freight charges will be paid upon submission of proof of delivery for the agreed compensation.

Contracting Protocols

Shippers and Carriers agree that the following LoadExpress Shipper-Carrier Protocol shall reflect the sole contract of carriage between the parties.

LoadExpress Shipper-Carrier Protocol

This document shall set forth the terms and conditions agreed to by Shippers acting on shipper’s behalf and Carriers acting on the carrier’s behalf in contracting for freight pursuant to terms and conditions established by LoadExpress.

In executing Load Confirmation Agreements, the parties agree that the following contract terms shall apply:

  1. Carrier Warranties. Carrier warrants that it is licensed, authorized and insured in accordance with the regulations promulgated by the Federal Motor Carrier Safety Administration and any applicable state laws to provide the service and that it enjoys a safety rating of Satisfactory or equivalent.
  2. Carrier Warranties. Carrier, contractually agree to meet or exceed the following requirements:
    1. Carrier warrants that it is, and shall be in compliance during the term of this Agreement, with all applicable federal, state and local laws relating to the provision of its services including, but not limited to:
      1. transportation of Hazardous Materials, (including the licensing and training of drivers), as defined in 49 C.F.R. §172.800, §173, and §397 et seq. to the extent that any shipments hereunder constitute Hazardous Materials;
      2. security regulations;
      3. owner/operator lease regulations;
      4. loading and securement of freight regulations;
      5. implementation and maintenance of driver safety regulations including, but not limited to, hiring, controlled substances, and hours of service regulations;
      6. sanitation, temperature, and contamination requirements for transporting food, perishable, and other products including the Food Safety Modernization Act (FSMA);
      7. qualification and licensing and training of drivers;
      8. implementation and maintenance of equipment safety regulations;
      9. maintenance and control of the means and method of transportation including, but not limited to, performance of its drivers;
      10. all registration and licensing requirements required to perform the services;
      11. California Air Resource Board (CARB) compliance; and
      12. Worker’s compensation and employment law where applicable.
    2. Carrier warrants and agrees to defend, indemnify and hold harmless Broker and Broker’s Customer harmless from all damages, claims, cause of action, losses and attorney’s fees to the extent caused by its negligent performance of services provided.
    3. Carrier shall agree that its liability for cargo loss or damage shall be determined by 49 USC §14706 (the Carmack Amendment) as set forth in Paragraph 7. Exclusions in carrier’s insurance coverage shall not exonerate carrier from this liability.
    4. Carrier warrants and agrees to maintain at all times during the term of the contract, insurance coverage with limits not less than the following:
      1. General Liability - $1,000,000.00
      2. Auto Liability - $1,000,000.00
      3. Cargo Liability - $100,000.00
      4. Worker’s Compensation – as required by law.
      Carrier further warrants that it has on file with LoadExpress an accurate Certificate of Insurance reflecting the above coverage and that such insurance shall inure to the benefit of Shipper and shall have no exclusions or limitations which would vitiate coverage.
    5. Carrier shall agree that the provisions contained in 49 CFR 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage. Carrier shall agree to participate in alternative dispute resolution of any claim as permitted by Paragraph 8.
    6. Carrier warrants that during the term of its contract with Shipper, it shall be licensed, authorized and insured to operate on the nation’s roadways by the Federal Motor Carrier Safety Administration (FMCSA), and shall enjoy a safety rating of “Satisfactory” or equivalent.
    7. Carrier shall agree that the terms and conditions of its contract with Shipper shall apply on all shipments it handles for Shipper. Any tariff terms published by carrier which are inconsistent with the contract shall be subordinate to the terms of the contract.
    8. Carrier shall expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B to the extent they conflict with the contract.
    9. Carrier warrants it will not re-broker, assign, or interline the shipments without prior written consent of Shipper. If Shipper provides such consent, Carrier shall, at all times, remain liable for the performance of such delivering carrier. If carrier breaches this provision, Shipper shall have the right of paying the monies it owes Carrier directly to the delivering carrier in lieu of payments to the Carrier. Upon Shipper’s payment to LES, Carrier shall not be released from any liability to Shipper under this Agreement.
  3. Duties of Shipper. Customer warrants that it will accurately describe the shipments being tendered for transport and that the following items will not be tendered without prior written approval of Carrier: hazardous materials, toxic waste, shipments of extraordinary value, glass, objects d’art, objects of unusual value, perishable or temperature sensitive items not in compliance with FDA requirements.
  4. Booking Procedures and Load Verification. Shippers and Carriers utilizing this Protocol and the services of LoadExpress agree that they will follow the procedures of LoadExpress outlined herein for the tendering of loads, the bidding for services, and the load confirmation process. Shipper and Broker warrant that each shipment will be tracked by a special load identification number assigned by LoadExpress at time of contracting and that no shipment or payment will be booked or routed and no freight charges will be paid in violation of the operational terms and conditions set forth by LoadExpress.

    Both Shipper and Carrier agree to indemnify and hold harmless LoadExpress and LES from any liability, cause of action, including attorney’s fees, arising out of any dispute between the parties with respect to the performance of Shipper or Carrier or from any breach of their respective duties and obligations as set forth in this Protocol and Agreement.

    Any individual or entity acting on your behalf in posting, scheduling or quoting shipments warrants he/she has the authority to act on your behalf and legally bind you. LoadExpress assumes no liability to any person or entity for any loss or expense due to your failure to comply with these provisions. 5. Volume and Frequency. Unless otherwise agreed in a scope of work addendum, this contract shall constitute a Protocol pursuant to which Shipper is not restricted from tendering freight to other brokers, third party providers, or motor carriers. Similarly, unless otherwise agreed, Carrier is free to accept or reject the transportation of any shipment at time of tender.
  5. Volume and Frequency. Unless otherwise agreed in a scope of work addendum, this contract shall constitute a Protocol pursuant to which Shipper is not restricted from tendering freight to other brokers, third party providers, or motor carriers. Similarly, unless otherwise agreed, Carrier is free to accept or reject the transportation of any shipment at time of tender.
  6. Indemnity. Each party will indemnify and hold harmless the other from any breach of warranty contained herein or from any claim, loss or damage (other than to cargo as set forth in Paragraph 7) to the extent caused by the negligent or willful act or omission of the indemnitor. LoadExpress and LES shall be third party beneficiaries and shall be held harmless from the negligent act or omission of either party with respect to their breach of contract warranty or negligent acts.
  7. Cargo Claims. All cargo claims will be filed by Shipper or the beneficial owner of the goods with the Carrier in possession of the cargo within 9 months of occurrence. All claims will be adjudged by the Carrier in accordance with 49 U.S.C. 14706 (the Carmack Amendment), 49 C.F.R. 370 and the terms of the Straight Bill of Lading unless otherwise agreed to in writing. Unless a higher limit of liability is agreed to in a signed scope of work addenda or an executed load confirmation sheet between Shipper and Carrier at time of booking, all claims for loss, damage and delay are limited to $100,000 per occurrence. Carrier reserves the rights of inspection and mitigation.
  8. Alternative Dispute Resolution. Any claim not resolved to Shipper’s satisfaction may be submitted to binding arbitration before the Transportation Lawyers Association ADR Council.
  9. Independent Contractor Status. Shipper and Carrier are each independent businesses and not responsible for the actions, taxes or regulatory compliance of the other.
  10. Integration Clause. This Agreement together with the executed LoadExpress Load Confirmation Sheet shall constitute the entire agreement between the parties and shall not be otherwise modified except by a signed written addendum. The terms of the Straight Bill of Lading shall apply to the extent not inconsistent with this Agreement. Carriers retained by Shipper execute nonconforming bills of lading as receipt for goods and condition only.
  11. Law and Venue. General principles of federal transportation law and venue apply to the extent not inconsistent or expressly waived by this Agreement.
  12. Documentation. At time of pickup, Carrier shall produce a Straight Bill of Lading or receipt for goods generated by the Marketplace evidencing that it is the Carrier in possession of the goods under the contract and reflecting the LoadExpress load number on the document. All shipping documents shall be marked with the nonrecourse provision signed and reflect that “Carrier to Bill: LES.”
  13. Payment Terms. All shipments booked through the Marketplace shall be prepaid by Shipper to LES prior to pickup unless other credit terms are established by Shipper with LES. LES will process credit card payments and retain funds in escrow pending receipt of Carrier’s invoice with accompanying proof of delivery. Unless otherwise agreed to between Shipper and LES, Shipper agrees to pay LES within 30 days of receiving an invoice from LES. Late payments will accrue a daily interest rate of 0.049% (18% annual interest rate) on the unpaid balance. Carrier shall provide invoice and certified true delivery receipt (Proof of Delivery) to LES within 7 days of delivery and LES shall thereafter release payment of freight charges within 15 days of receipt. LES’ standard billing, invoicing and payment Protocols shall apply to the transmission of invoices, shipping documents, account and payments.
  14. Terms and Conditions. Contracting parties adopting this Protocol as part of any contract of carriage warrant that they have read and agreed to the LoadExpress, Inc. Terms and Conditions set forth on its website and agree that such Terms and Conditions are incorporated herein by reference.

Appropriate Use

License. If you are using the Marketplace, we grant you a revocable, royalty-free, non-exclusive, non-transferable license to use the software therein in accordance with this Agreement. This license includes the use of software and all updates, upgrades, new versions and replacement software for your personal use only. You may not rent, lease or otherwise transfer this license to a third party. You must comply with the implementation and use requirements contained in all LoadExpress documentation accompanying Marketplace services. You are liable for all damages suffered by you, us and any third parties resulting from your non-compliance with such requirements. You will not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code derived from LoadExpress software. You acknowledge that all rights, title and interest to this software are owned by LoadExpress. Any third-party application you use to access the Marketplace is subject to that third party's software license. We do not own, control or have any responsibility to or liability for any third party software you elect to use in connection with Marketplace services.

Restricted Activities. In connection with your use of the Marketplace or in the course of your interactions with other Marketplace Users or third parties, you certify that you will not: double broker, co-broker or outsource any shipment posted to the Marketplace; provide false, inaccurate or misleading Information during any time that you are using the Marketplace; allow your information to become out-of-date or expired, and will keep it up-to-date with LoadExpress; transport freight without the appropriate authority, insurance coverage or bond; transport freight outside the geographic bounds of your authority; transport commodities you are not authorized to transport; transport or solicit the transport of illegal or counterfeit goods; transport or solicit the transport of a shipment for which 'hours of service' are not available; access or use the Marketplace to compete with it; reproduce, republish, resell or distribute LoadExpress information in any format, in whole or in part, for any reason, to third parties; provide, or carelessly leave available to, your username and/or password to any non-registered User; engage in any illegal, deceptive, misleading, unethical or fraudulent business practice; send or receive fraudulent funds; violate any law, statute, ordinance or regulation governing freight transportation, financial services, consumer protections, unfair competition, anti-discrimination or false advertising; act in a manner that is defamatory, libelous, threatening or harassing; leave negative feedback or report a 'service failed' for a User that experienced a force majeure event (e.g. acts of 'Nature', 'God', or terrorism, etc.); you will not take any action that imposes an unreasonable or disproportionate burden on our infrastructure; facilitate any computer programming routines that may damage, detrimentally interfere with, secretly intercept or take possession of the system, data or information; use an anonymous proxy; use any robot, spider or other automatic or manual process to monitor or copy our website; use any device, software or routine to bypass our robot exclusion headers; or interfere or attempt to interfere with our website or services; collude with other Carriers or Shippers with the intent to manipulate Marketplace services or data; take any action that may cause us to lose any of the services from our Internet service providers, payment processors or any other suppliers; refuse to cooperate in an investigation or provide confirmation of your identity or any other information you've provided us; receive, or attempt to receive, funds from both LoadExpress and another User, bank or credit card issuer for the same transaction at any time; control an Account that is linked to an Account that has engaged in any of these Restricted Activities; conduct your business or use the Marketplace in a manner that results in, or may result in, complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to LoadExpress, other Users, third parties or yourself; use your Marketplace Account in a manner that we, or any electronic funds transfer network, reasonably believes to be an abuse of the system or a violation of any common practice rules; use LoadExpress services to test credit card behaviors; use any import/export capability to transfer or distribute LoadExpress information from your computer system to any other location(s) or person(s). All information downloaded or exported from the Marketplace is intended for use by you and not to be distributed to any other Users or locations, and unless otherwise stated, is to be restricted to one or more identified computers located at your address(es).

Grounds for Termination. You agree that any violation of the above, or any other Agreement or policy that you have entered into with LoadExpress, may result in immediate termination of your Account, and access to the Marketplace and services will be terminated accordingly. We reserve the right to avail itself of any legal remedy under state and/or federal law, and you will be responsible for legal costs, including without limitation, reasonable attorneys' fees, if we do.

Remedial Actions. If we believe you may have engaged in any Restricted Activities, we may take actions to protect LoadExpress, our Users, third parties or yourself from reversals, chargebacks, disputes, fees, fines, penalties, and any other liability. The actions may include, but are not limited to, the following: close, suspend, or limit your access to your Marketplace Account and services; contact Users who have transacted business with you through LoadExpress, contact your bank or credit card issuer, and/or alert other Users, law enforcement or impacted third parties of your actions; update any inaccurate information you provided to us; refuse Marketplace services to you in the future; hold your funds for up to 180 days to protect against the risk of liability; take legal action against you.

Accounts

Eligibility. To be eligible to use the LoadExpress Marketplace and services, you must be at least 18 years old and a legal resident of the US. By applying for a LoadExpress Account and accepting the Terms & Conditions outlined in this Agreement, you attest that you are establishing an Account for business use and business/commercial shipments, not personal use.

Carrier Accounts. Carrier Accounts are identified by a Department of Transportation (“DOT”) number. Only Carriers with valid DOT numbers are eligible to apply for and use an Account. As part of our Carrier verification process, all required documentation must be received, reviewed and entered into our system prior to transporting a shipment. All FMCSA-established legal standards must be met in order to be approved to search, quote and/or transport freight via the Marketplace.

Shipper Accounts. All Shipper Accounts are identified by a federal government-issued Employer Identification Number (EIN). Only Shippers with valid EINs are eligible to apply for a LoadExpress Account. Shipper Accounts are approved after collection of proper documentation and a business verification process. As part of our Shipper verification process, all required documentation must be received, reviewed and entered into our system and the company validated in order to be approved to post shipments to the Marketplace.

Identity Verification. Federal law requires that we collect certain information in order for you to access and use Marketplace services. You authorize LoadExpress, directly or through third parties, to make any inquiries deemed necessary to verify your identity. This may include, but not limited to, asking for your DOT, MC and EIN numbers, driver's license or other identifying documents; require you to take certain steps to confirm ownership of your email address or financial accounts; order a credit report; validate your information through third party sources; and/or any other method of information gathering that allows us to reasonably identify you. We reserve the right to close, suspend or limit access to your Account and/or Marketplace services in the event we are unable to obtain or verify your information.

Third Party Permissions. If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your Account, you authorize LoadExpress to disclose such information about your Account to this third party. You understand and accept that granting permission to a third party to take specific actions on your behalf, or allowing them access to your information, does not relieve you of your responsibilities under this Agreement. Further, you will not hold LoadExpress responsible for any liability arising from the actions, or inactions, of this third party in connection with the permissions you grant.

Closing Your Account. You may close your Account at any time. If you have pending payments, we will not close your Account until such payments have been processed, during which time, we may limit your ability to transact additional business. Attempting to close your LoadExpress Account during an investigation may result in a hold placed on your balance for up to 180 days to protect LoadExpress, its affiliates, or a third party against the risk of reversals, chargebacks, disputes, fees, fines, penalties and any other liability. You are liable for all obligations related to your Account, even after it is closed.

Dormant Accounts. If your Account remains dormant with no activity for over one year, we may close your Account. If there is a balance, we will make a genuine effort to notify you prior to closing your Account and remit the funds to you. If you fail to respond to our attempts, your balance will be remitted to LoadExpress.

Account Balance

Balance and Assignment of Interest. The Marketplace places all funds associated with each Carrier and Shipper into Escrowed Accounts with one or more banks. You grant to LoadExpress a lien on and security interest in the funds held in your Escrow Account. You understand and agree that you shall not receive interest or other earnings on your Escrow Account’s balance, and you irrevocably transfer and assign to LoadExpress any ownership right that you may have to any interest that may accrue on those funds. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants LoadExpress any ownership right to the principal of the funds you maintain with LoadExpress.

Risk-Based Holds. LoadExpress, in its sole discretion, may place a hold on any or all payments when we believe there may be a high level of risk associated with you, your Account, or any or all of your transactions. Our determination may be based on a number of different factors and we may rely on information received from third party partners. We will notify you of our actions if we place a hold on any or all payments. We will place a hold on any payment for up to 60 days from the date the payment was received into your Account until the matter is resolved pursuant to this Agreement.

Reserves. LoadExpress, in its sole discretion, may place a reserve on funds held in your Account when we believe there may be a high level of risk associated with your Account. If your Account is subject to a reserve, we will notify you regarding the terms of the reserve. The terms may require that a certain percentage of the amounts received into your Account are held for a certain period of time or any other criteria that LoadExpress determines is necessary to protect against the risk associated with your Account. LoadExpress may change the terms of the Reserve at any time by notifying you with the new terms.

Risk Management. If we close your Account, terminate your use of our services, limit access to your Account, require a reserve or hold, we will give you the opportunity to request restoration. You acknowledge that our decision to take certain actions is based on confidential criteria essential to our management of risk and the security of your Account and the Marketplace, therefore we are under no obligation to disclose the basis of our decisions to you.

Unauthorized Transactions & Other Errors. An 'Unauthorized Transaction' is a type of error that occurs when money is sent from your Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your account, and requests a check from your account, an Unauthorized Transaction has occurred. If you give someone access to your account and he/she requests a check without your knowledge or permission, you are responsible for any resulting use. In addition, 'Other Errors' occur when money is incorrectly taken from, incorrectly placed into, or transactions are incorrectly recorded in your Account. Other Errors covered by LoadExpress are limited to the following: If an authorized payment request is incorrectly debited from your Account; If an incorrect amount is credited to your Account; If a transaction is missing from or not properly identified in your Account; If you receive an incorrect reward; and If there is a computational or mathematical error by LoadExpress.

Notify Us. You should regularly login and review your Account to ensure there has been no suspicious activity. You must notify us within ten (10) days after any unauthorized transaction or error first appears in your Account history. You should immediately notify LoadExpress customer service at support@loadexpress.com if you believe: there has been an Unauthorized Transaction or unauthorized access to your Account; your password and/or PIN have been compromised; you suspect or locate an error in your Account transaction history; you need more information about a transaction listed in your transaction history.

Error Resolution. We will rectify any processing error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, LoadExpress will credit your Account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, LoadExpress will debit the extra funds from your Account.

Payments

Payment Methods. As a Shipper you may pay for a shipment by credit card at the time a Carrier’s bid is accepted by you or your “HotLoad” price is accepted by a Carrier. When you submit funds for payment to LoadExpress, you Authorize LoadExpress to process your payment and complete the transaction. The funds will be held in escrow until the shipment is delivered and the release is authorized by you at which point LoadExpress shall process escrow payment to the Carrier. You are responsible for all fees associated with any and all transfer transactions.

Commercial Credit. Qualified Shippers may apply and be granted commercial credit. For these Shippers LoadExpress will email them an invoice upon receiving a Shipper-approved Proof of Delivery, with net 30 days to pay. Any payments after that date is deemed delinquent and will be subject to a daily interest rate equivalent to an annual interest of 18% on the unpaid balance. If LoadExpress or its financial partner needs to engage in collections action, Shipper is liable for all reasonable cost, including collection agency and attorney fees. Commercial credit terms are subject to change, suspension or cancellation. Failure to pay or repeated delays in payment may result in the suspension or termination of a Shipper Account. These decisions will be made at any time at the sole discretion of LoadExpress.

Refund Credit. If a credit card was used to fund your LoadExpress Account if a shipment was cancelled, any Account balance must remain in your Account until spent. In accordance with governing regulations, when you make a purchase using a credit card and a refund is deemed necessary, the refund must be applied to the credit card account from which the purchase was originally debited. We cannot transfer monies originating from a credit card account into a different account from which the monies did not originate, nor refund you in cash.

Carrier Payment. Carriers who have successfully delivered the shipment with a Proof of Delivery approved by the Shipper will normally be paid in full immediately, typically within 2-4 business days if the Carrier does not have a factor which has sent a Notification of Assignment letter to LES. There is no transaction fee for this payment. If LoadExpress determines that a Carrier has engaged in an Unauthorized Transaction, Restricted Activity, or other activities that violate the terms of this Agreement, it may put the payment on hold, require a reserve, initiate a chargeback, reversal or other actions to ensure the proper functioning of the Marketplace.

Taxes. It is your responsibility to determine what, if any, taxes apply to payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. LoadExpress is not responsible for such actions. We will report to the Internal Revenue Service the total amount of payments provided on an annual basis and provide all Carriers with an annual 1099 form.

Insurance Claims. We will provide the Carrier's insurance contact information to the Shipper upon necessity and a formal request. If a Shipper makes a claim on a particular shipment, Payment for the shipment will be held and not released to the Carrier until it uploads documentary proof of processing that claim with an insurance company. All claims will be addressed between the Shipper, Carrier and their insurance companies. LoadExpress will not be a party to the dispute nor liable to any party.

Arbitration. Any dispute related to LoadExpress shall be fully and finally resolved by binding arbitration before a single arbitrator of the Transportation Lawyers Association ADR Council. The arbitration shall take place in San Diego County, California. In the event we retain an attorney or collection agency for the enforcement of this Agreement and/or to collect unpaid charges, all unpaid charges will be subject to a late payment penalty of 18% annual interest charge prorated daily and you will be liable for court costs, all attorneys' and collection agency's fees incurred, together with related costs and expenses.

Venue and Jurisdiction. All civil actions filed to enforce any arbitration award related to this Agreement shall be filed in any court of competent jurisdiction in San Diego, California. This Agreement is governed in all respects by the laws of the State of California, without regard to conflict of law provisions.

Fees

Marketplace Fees. LoadExpress charges a Transaction Fee for each successfully completed shipment transaction. The total amount is what the Shipper is contracted to pay. This fee charged can be changed at any time by LoadExpress depending on various factors, including market conditions, the Carrier and/or Shipper involved, the type of cargo involved etc.

Cancellation. In the event of a cancellation by Shipper or due to a Carrier service failure, we will not collect the Transaction Fee and will return it to Shipper’s Account as a credit for future use. All other reasons for cancellation will be subject to the Transaction Fee. In the event of a post-match cancellation that is not the result of a Carrier service failure, and falls under TONU (Truck Order Not Used), we will charge a fixed fee then in effect at the Marketplace.

Adjustments. Shipper may cancel a shipment posting and repost it with new information if the original post contains the wrong or outdated information. Such a change will not incur any penalties if it was effected before a TONU condition exists.

No Refunds. Under no circumstances will refunds be issued or will chargebacks be approved for completed shipments or for reasons outside of the above authorized refund situations. In the event that you, in violation of this section, withhold a payment due to LoadExpress, we are entitled to recover from you owed charges and compounded interest at the prorated daily rate of one and one-half percent (1.5%) per month, plus all costs of collection, including attorneys' fees.

Accessorial Charges. Allowance for Accessorial Charges may be included upon posting of the shipment to the Marketplace by the Shipper, after the shipment has been matched with a Carrier, or after Carrier has attempted pickup and delivery. All Accessorial Charges assessed after shipment match will be sent to the Shipper for approval, denial or a counter offer. Final accessorial charges will be the responsibility of the Shipper and will be debited from its Account balance.

Fuel Advance. Qualified Carriers are eligible to receive a fuel advance, for which a transaction fee will be charged. Qualification criteria include the number of successful shipments completed, good ratings and other operational criteria. Our transaction fee and the fuel advance amount will be changed from time to time. This privilege is only available to Carriers who do not use a factor.

Unauthorized Transactions and Other Errors. To be eligible for protection for Unauthorized Transactions or Other Errors in your Account, you must notify us within fourteen (14) days of any Unauthorized Transaction or Other Error as it first appears in your Account activity. We will rectify any processing error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, we will credit the difference to your Account. If the error results in your receipt of more than the correct amount to which you are entitled, we will debit the amount from your Account. If you suspect an Unauthorized Transaction or Other Error, or processing error, contact us at support@loadexpress.com.

Data

Intellectual Property. Loadexpress.com, LoadExpress, Inc., LoadExpress, LoadExpress Services, Inc., and all logos, affiliated websites, page headers, custom graphics, button icons and scripts relating to the LoadExpress Marketplace, products and services are service marks, registered trademarks, and/or trade dress of LoadExpress or its licensors. You will not copy, imitate or use the likeness of these items without LoadExpress’ prior written consent. You will not alter, modify or change these logos in any way, use them in a manner that is disparaging to LoadExpress, the Marketplace or services, or display them in any manner that implies LoadExpress’ sponsorship or endorsement. All rights, title and interest in and to our website, the Marketplace, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of LoadExpress and its licensors. You agree to not infringe on LoadExpress’ or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

Confidential Information. LoadExpress may disclose to you or you may otherwise discover, directly or indirectly, confidential information or technical data, including but not limited to, research, product plans, customer lists, developments, inventions, processes, formulas, technology, designs, hardware configuration, finances or other business Information. You agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property. You agree to use our information only for the specific purposes allowed by this Agreement. Any disclosure of our information to a third party is strictly prohibited and may result in the pursuit of legal action against you.

User Data. You grant us the royalty-free, global, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, and display all your information, transaction activity, any suggestions, photographs or images, material, or other content (“Content”) uploaded to LoadExpress, in whole or part. LoadExpress may incorporate Content in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such Content. Further, LoadExpress may use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to us for any purpose whatsoever, including but not limited to, creating and marketing products or services using such Content and information. LoadExpress warrants that it will anonymize such Content and information to the extent possible, and not disclose any personally identifiable, confidential, competitive or otherwise damaging information of its Users if it creates and markets products or services using such Content and information.

Communications. Electronic communications is the main form of communications in the Marketplace. We reserve the right to close your Account if you withdraw your consent to receive electronic communications from us, or if your contact information is outdated and not changed so we cannot reach you. Electronic communications are considered to be received by the receiving party within 24 hours of transmission. Communications sent to you by postal mail are considered to be received by you within four (4) Business Days after we mail it unless we are immediately notified otherwise. You further consent to receiving customer service calls from us at the telephone number you gave us during sign-up.

General

Complete Agreement. This Agreement, along with any applicable policies, terms and conditions of the Marketplace, sets forth the entire understanding between you and LoadExpress with respect to our services. This Agreement, as well as any other terms & conditions which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.

Changes. We may modify these terms & conditions at any time at our sole discretion by posting a revised Agreement on loadexpress.com, which will be effective at the time of posting. Your continued use of the Marketplace after any such revision constitutes your acceptance of the revised Agreement. We will post a policy update notice on loadexpress.com as necessary from time to time. LoadExpress reserves the right to modify, discontinue or suspend any part of the Marketplace at any time, for any reason, and to impose limitations and/or restrictions to such services without notice or liability.

Use in U.S. This site is controlled and operated by LoadExpress from offices within the US. At this time, LoadExpress provides services exclusively to customers in the US. We make no representation that materials within the Marketplace are appropriate or available for use in other locations, and access to them from territories where its contents may be illegal or prohibited. If you access the Marketplace from locations other than the US, you do so on your own and are solely responsible for compliance with all applicable laws.

Assignment of Rights. You will not transfer, sell or assign your rights and/or obligations under this Agreement without LoadExpress’ prior written consent. We reserve the right to transfer and/or assign any rights and/or obligations under this Agreement at any time.

Communications. We will work together to keep the Marketplace working properly and safely. Please report any policy violations or concerns to LoadExpress by email to support@loadexpress.com.