TERMS & CONDITIONS
Vendor: A company or entity that either provides a service(s) and/ or product(s), that has agreed to the Eyes On Freight Terms and Conditions, and other Eyes On Freight contracts or agreements.
User: A company or entity that uses any service(s) and/ or product(s), that has agreed to the Eyes On Freight’s Terms and Conditions, and other contracts or agreements.
Third Party: A company or entity that operates as an independent vendor for Eyes On Freight, Inc.
Site Visitor: Any individual, company, or other entity that visits the Eyes On Freight site.
USE OF THE EYES ON FREIGHT SITE:
- Use of the Eyes On Freight site is subject to all applicable international, federal, provincial and local laws and regulations. Unless otherwise specifically indicated, you may download material displayed on the Eyes On Freight site for personal, non-commercial use only.
- You may not distribute, modify, copy, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the contents of or material displayed on the Eyes On Freight site for any public or commercial purpose without the written consent of Eyes On Freight, Inc. or any third party Eyes On Freight, Inc. deems necessary.
SUBMISSION OF INFORMATION:
- Anything you send to the Eyes On Freight site may be used by Eyes On Freight, Inc. for any purpose including, but not limited to, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to EyesOnFreight.com, you irrevocably transfer and assign to Eyes On Freight, Inc. and forever waive and agree never to assert, any copyrights, "moral" rights, or other rights that you may have in such material.
- Eyes On Freight, Inc. is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the Eyes On Freight site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services.
THIRD-PARTY PROVIDER TERMS OF CONDITION AND RESTRICTIONS:
CANCELLATION OF THIRD-PARTY SERVICE(S):
- If you do not cancel or change your purchase or usage agreement before the cancellation policy period applicable to the agreement, which varies by third-party prior to the use of their agreement you might be subject to a charge of applicable rates, tax recovery charges and service fees.
- You agree to pay any cancellation or change fees that you incur. Some third-parties do not permit changes to or cancellations of their agreements after they are made, as indicated in the Terms of Conditions and restrictions in their agreements. You agree to abide by the terms and conditions imposed with respect to your third party agreement.
HOSTILE OR DANGEROUS AREAS:
- Services to most areas in the United States and to international destinations are completed without incident; however services to certain destinations may involve greater risk than others.
- Eyes On Freight urges users to review their local government’s department of state or foreign service office for, announcements, warnings or prohibitions, or other related information prior to using any third-party service(s) located in international or problematic destinations.
- BY OFFERING, RECOMMENDING, OR LISTING ANY THIRD-PARTY SERVICE(S) OR PRODUCT(S) IN A PARTICULAR COUNTRY OR REGION, EYES ON FREIGHT, LLC DOES NOT REPRESENT OR WARRANT THE USE OF SERVICE TO SUCH DESTINATIONS AS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM USING ANY THIRD-PARTY SERVICE(S) TO SUCH DESTINATION(S).
EYES ON FREIGHT RULES AND REGULATIONS:
- Eyes On Freight is a neutral party. Eyes On Freight welcomes all “VENDORS” and “USERS” to use the Eyes On Freight platform.
- Eyes On Freight has no control over any opportunity given or requested by any “USER”.
- Eyes On Freight relies on the accuracy of the information provided by its “VENDORS” and “USERS”.
- Eyes On Freight does not have any control or negotiating power on rates, services, or the individual terms and conditions offered by the “VENDOR” or “USER”.
EYES ON FREIGHT SITE TERMS AND CONDITIONS:
Service and Product Provider Agreement:
- As a “Vendor” for Eyes On Freight you AGREE to the rules and regulations that Eyes On Freight has set forth under these terms and conditions.
- As a “Vendor” you AGREE to provide accurate and updated information about your company, service(s) and product(s) that you provide.
- As a “Vendor” you AGREE that you will NOT provide any false or misleading information regarding your business, product(s) or service(s).
- As a “Vendor” you will honor and comply with all bids and contracts that your company or entity agrees to with “Users” under the laws and regulations of any and all local, federal, national and international governments.
- As a “Vendor” you AGREE that your business is in good standing and in legal regulation with all government and industry regulations.
- As a “Vendor” you AGREE that if your company is awarded any opportunity through EyesOnFreight.com, Eyes On Freight outlet or Eyes On Freight affiliate network(s) that you will honor the referral fee agreement.
- Eyes On Freight, Inc. offers “VENDORS” an annual rate for the Eyes On Freight.com website.
- The “Service and Product Provider” understands and AGREES that Eyes On Freight, Inc. reserves the right to change or modify the annual rate and service or operating agreement at any time without notice.
- Eyes On Freight will notify all “VENDORS” with a 30 day notice of any pricing or terms and conditions changes.
- By agreeing to the annual option the “VENDOR” understands that Eyes On Freight will auto renew the subscription unless told not to renew. The “VENDOR” understands that their account will be charged the annual listing fee on the renewal date.
- The “VENDOR” understands that if their account is not renewed within two business days of their renewal date their data and information will be removed from ALL of Eyes On Freight’s media outlets. The “VENDOR” will be responsible for any additional setup fees to reinstate their data and account.
- Eyes On Freight does not offer or provide any reimbursement or refund for this service.
- If the “VENDOR” cancels or terminates their agreement they must do so in writing. Eyes On Freight will remove all information affiliated with the “VENDORS” account within 10 business days of notice.
- Eyes On Freight reserves the right to charge a onetime setup fee for any new “VENDOR” account.
- Eyes On Freight also reserves the right not to charge a setup fee without notice.
- Eyes On Freight reserves the right to modify or change any setup fee agreements and pricing without notice.
- The Referral Agreement is between Eyes On Freight and the “VENDOR”. This agreement states that any opportunity awarded to a “VENDOR” is subjected to a percentage of the awarded contract.
- Depending on the product(s) or service(s) of the “VENDOR” will determine the percentage that will be awarded to Eyes On Freight.
- Eyes On Freight reserves the right to modify and treat each Referral Agreement as a case by case agreement.
- Eyes On Freight reserves the right to terminate a Referral Agreement at any time without notice.
Additional Services and Products:
- Eyes On Freight has a portfolio of services and products that it offers “VENDORS” and “USERS”. Each product or service that is offered has its own terms and conditions and pricing agreements.
- Eyes On Freight encourages all “VENDORS” and “USERS” to request a pricing booklet to have access to all additional services and products Eyes On Freight offers.
- Eyes On Freight reserves the right to add, modify or remove any service or product without notice.
Pricing and Service Disclaimer:
- All “VENDORS” take the responsibility and liability of making available to all “USERS” their terms and conditions, pricing agreements and other contracts of services.
- All “VENDORS” understand that it is the responsibility and liability of the “VENDOR” to explain their service and pricing agreements on any opportunity given to by a “USER”.
- All “VENDORS” and “USERS” agree to the risk of using the Eyes On Freight platform.
- All “VENDORS” agree and understand that Eyes On Freight cannot guarantee any business opportunity or contracts to any “VENDOR”.
- All “USERS” agree that Eyes On Freight cannot guarantee that there will be a solution(s) or a perfect match to the “USER”.
Refusal of Service(s):
- Eyes On Freight reserves the right to refuse service to any “VENDOR” or “USER” without explanation or written notice.
- Eyes On Freight protects all of our “VENDORS” and “USERS” time, money, and reputation. Eyes On Freight reviews each “VENDOR” and “USER” individually and if a “VENDOR” or “USER” poses any risk, threat or any liability to our platform they will not be allowed.
- A “VENDOR” has the right to refuse a service(s) or product(s) to any “USER”.
- A “USER” has the right to refuse an opportunity to any “VENDOR”.
Misleading or False Statements:
- Eyes On Freight has a zero tolerance for false or misleading information. Eyes On Freight will remove any “VENDOR” or “USER” that provides any false or misleading information.
- The “VENDOR” will be responsible for any legal, financial or other damages that occurred due to their Misleading or False information.
- The “USER” will be responsible for any legal, financial or other damages that occurred due to their Misleading or False information.
- The “VENDOR” and “USER” agree and understand that any agreement between a “VENDOR” and “USER” is between the “VENDOR” and “USER”.
- The “VENDOR” and “USER” agree to NOT hold Eyes On Freight liable or responsible either legally or financially for any third party’s misleading or false statements.
1. If a “VENDOR” has three (3) or more complaints in a ninety (90) day cycle the “VENDOR” will be removed from the Eyes On Freight platform.
2. If a “USER” has two (2) or more complaints in a ninety (90) day cycle the “USER” will be removed from the Eyes On Freight platform.
3. If a “VENDOR” or “USER” is removed due to complaints they will have a onetime opportunity to reapply after 120 days.
4. Eyes On Freight will review all complaints and determine if a “VENDOR” or “USER” is in violation of the Eyes On Freight terms and conditions.
5. A “VENDOR” and “USER” will be notified of any complaints against them and will have the opportunity to appeal the complaint.
- Eyes On Freight, Inc. reserves the right to deny use of all or part of the Eyes On Freight site to any user or vendor for any reason without notification.
- Eyes On Freight, Inc. may in its sole discretion and at any time, modify or terminate the Eyes On Freight site and remove or refuse to post any information, content or materials.
Responsibility and Liability:
- Eyes On Freight, Inc. endeavors to ensure that the Contents of the Eyes On Freight site are accurate and current. Nonetheless, despite our efforts this website may contain errors. Eyes On Freight, Inc. disclaims any warranty of any kind, whether express or implied, regarding all information contained in and displayed on the Eyes On Freight site, including any use thereof, as well as any and all links to and from the website.
- The information will, from time to time, be updated and/or changed, and Eyes On Freight reserves the right to make all such changes to the content of this website without any obligation to advise and/or notify visitors to the website that such changes have been, or will be made.
- Your use of the Eyes On Freight site is at your own risk. To the maximum extent allowed by law, neither Eyes On Freight, Inc. nor any other party involved in creating, producing, or delivering the Eyes On Freight site, will be liable for any direct, indirect, incidental, consequential, or punitive damages (including, without limitation, lost profits, cost of procuring substitute service or lost opportunity), however caused, arising out of your access to, use of, or reliance on the Eyes On Freight site, even if Eyes On Freight, Inc. has been advised of the possibility of such damages.
- Without limiting the foregoing, Eyes On Freight, Inc. assumes no responsibility for, and will not be liable for any damages relating to or caused by any viruses which may affect your computer equipment or other property on account of your access to, use of, or downloading from, the Eyes On Freight site.
- Eyes On Freight, Inc. cannot and does not guarantee continuous, uninterrupted or secure access to the Eyes On Freight site.
- Eyes On Freight, Inc. has not reviewed all of the linked sites and does not regularly review all the sites which are linked to the Eyes On Freight site, and the fact of such links does not indicate any approval or endorsement of any material contained on any linked site.
- Eyes On Freight, Inc. is not responsible for the contents of any site linked to the Eyes On Freight site. Your connection to and use of any such linked site is at your own risk.
- The responsibility of maintaining accurate information on the linked site is the responsibility of the independent vendor.
- THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS.
- IN PARTICULAR, EYES ON FREIGHT, INC DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF A THIRD-PARTY SERVICE(S) AND/OR PRODUCT(S) DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF AVAILABILITY, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS.
- IN ADDITION, EYES ON FREIGHT, INC EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS ON OUR WEBSITE OR OTHER MATERIAL.
- EYES ON FREIGHT, INC AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY EYES ON FREIGHT, INC.
- SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EYES ON FREIGHT, INC AND ITS RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM EYES ON FREIGHT, INC AND ITS RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EYES ON FREIGHT, INC AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
- THE THIRD PARTY’S AND OTHER SUPPLIERS PROVIDING PRODUCTS OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF EYES ON FREIGHT, INC.
- EYES ON FREIGHT, INC IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
- EYES ON FREIGHT, INC HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
- IN NO EVENT EYES ON FREIGHT, INC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF EYES ON FREIGHT, INC ITS RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Despite the limitation above, Eyes On Freight, Inc. or its respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the and/or its respective suppliers will in no event exceed, in the aggregate, the greater of (a) any fee you may have paid to Eyes On Freight in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (USD$100.00) or the equivalent in local currency.
- The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Eyes On Freight, Inc. and/or their respective suppliers.
Eyes On Freight Disclaimer:
- Eyes On Freight is a marketing and sales platform that is a neutral party that brings service providers (Vendors) and service users (An entity that wishes to use a product or service from a vendor) together.
- Eyes On Freight is NOT a logistics, supply chain, freight or other service broker. Eyes On Freight will NOT act as a Broker, 3PL, 4PL, Forwarder, Collection Agent, Legal Representation, or Customer Service provider for any Third Party vendor that is listed on EyesOnFreight.com, Eyes On Freight Marketing and Sales or other Material bearing the Eyes On Freight Name, Logo or brand.
- Eyes On Freight, Inc. does not take any legal or financial responsibility for any damages, loss, stolen or any other errors and admissions provided by either the “service provider” or “service user”. By accepting the terms and conditions the “service provider” and “service user” willingly accepts Eyes On Freight’s terms and conditions and releases all legal and financial responsibility from Eyes On Freight.com, Eyes On Freight media outlets and Eyes On Freight, Inc. affiliated partners.
- The information and services provided or referenced on the Eyes On Freight site are provided "as is" and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user. This means that although Eyes On Freight, Inc. uses reasonable efforts to include accurate and up-to-date information on the Eyes On Freight site, Eyes On Freight, Inc. makes no warranties or representations as to its accuracy.
- Eyes On Freight, Inc. makes no warranty, either express or implied, that any information or service provided or referenced by the Eyes On Freight site is either merchantable or accurate, that such information or service will fulfill any of your particular purposes or needs, or that such information or service does not infringe on any third party rights.
- Eyes On Freight, Inc. may periodically add, change, or improve any of the information, products, services, programs, and technology described on the Eyes On Freight site without notice. Eyes On Freight, Inc. assumes no liability or responsibility for any errors or omissions in the content of the Eyes On Freight site.
Additional Legal Information:
- The Terms of Conditions will be governed by and construed under the laws of the State of Missouri, excluding only its conflict of law provisions.
- Each visitor, user, or vendor of the Eyes On Freight site hereby submits to the exclusive jurisdiction of the courts within the State of Missouri, and waives any jurisdictional venue or inconvenient forum objections to such courts.
COPYRIGHTS AND PROPRIETARY RIGHTS:
- You should assume that everything on the Eyes On Freight site is copyrighted unless otherwise noted and that it must not be used except as provided in the Terms of Conditions or with the express written consent of Eyes On Freight, Inc. or any third party Eyes On Freight, Inc. deems necessary. Eyes On Freight, Inc. neither warrants nor represents that your use of the material displayed on the Eyes On Freight site will not infringe rights of third parties. Any product, service, program, or technology described on the Eyes On Freight site may be the subject of other intellectual property rights (including but not limited to copyright, trademark, or patent rights) owned by Eyes On Freight, Inc. Any such right that is not expressly licensed herein is reserved by Eyes On Freight, Inc.
- Logos, images of people or places displayed on the Eyes On Freight site are either the property of, or used with permission by, Eyes On Freight, Inc. Use of these logos, images by you or other third parties is prohibited unless expressly permitted in the Terms of Conditions or elsewhere on the Eyes On Freight site. Any unauthorized use of these logos, images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
- Any product, service, program or technology described in any document published by Eyes On Freight, Inc. on the Eyes On Freight site may be the subject of other intellectual property rights owned by Eyes On Freight, Inc. Any such right that is not expressly licensed hereunder is reserved by Eyes On Freight, Inc.
- The trademarks and copyrights not attributed to Eyes On Freight, Inc. are the property of their respective owners.
TRADEMARKS AND BRAND NAMES:
- The trademarks, logos and service marks, whether registered or unregistered will collectively be considered as “Trademarks” displayed on the Eyes On Freight site are Trademarks of Eyes On Freight, Inc. and others.
- Nothing contained on the Eyes On Freight site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Eyes On Freight site without the written permission of Eyes On Freight, Inc. or such third party that may own the Trademark.
- Misuse of any Trademarks, or any other content, displayed on the Eyes On Freight site is prohibited. Eyes On Freight, Inc. will aggressively enforce its intellectual property rights, including via civil and criminal proceedings.
CHANGES TO THE TERMS AND CONDITIONS:
- Eyes On Freight, Inc. reserves the right to change, modify, or amend any or all of these Terms of Conditions at any time.
- This Page was last modified on: 01/01/2017
- The Eyes On Freight Terms and Conditions was last modified on: 01/01/2017
CONTACTING EYES ON FREIGHT:
If you need to contact Eyes On Freight, Inc. regarding the Eyes On Freight site or if you have any questions, concerns or complaints feel free to contact us at the following channels:
Eyes On Freight, Inc. will try and answer any question or resolve any dispute concerning our Terms and Conditions with remedial action as we reasonably determine in our discretion and in accordance with applicable laws.