Last Revised on 12/2/2015
AGREEMENT BETWEEN CUSTOMER AND HAULHOUND
Welcome to the HaulHound.com website (the “Website”) or application (“Application”). The Website and Application are provided solely to assist customers in gathering information, determining the availability of trucking companies and shippers and the brokers that represent both sides—related goods and services, making legitimate reservations or otherwise transacting business with trucking companies and shippers and the brokers that represent both sides, and for no other purposes (shipper, carriers and suppliers are used interchangeably throughout these Terms). The terms “we”, “us”, “our”, “HaulHound”, “Loxhub, LLC” and “Loxhub” refer to Loxhub, LLC (d/b/a HaulHound), an Illinois limited liability company, and any of its subsidiaries and affiliates, (collectively, “HaulHound”). “HaulHound Partner” means any co-branded and/or linked Website or Application through which we provide links, content or service. The term “you” refers to the customer visiting the Website or Application and/or seeking parties to book a reservation through us on the Website or Application.
USE OF THE WEBSITE AND APPLICATION
As a condition of your use of the Website or Application, you warrant that:
- you are at least 18 years of age;
- you possess the legal authority to create a binding legal obligation;
- you will only use the Website and Application to make legitimate reservations for you or for another person for whom you are legally authorized to act;
- all information supplied by you on the Website and Application is true, accurate, current and complete; and
- if you have a HaulHound account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
HaulHound is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. You may choose to have an arbitration conducted by based on written submissions or in person in the city of Chicago in the State of Illinois or at another mutually agreed location.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, such action must be filed in and proceed in any state or Federal court located in Cook County Illinois and we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “President” at HaulHound, PO Box 460, Mundelein, Illinois 60060. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.PROHIBITED ACTIVITIES
The content and information on the Website and Application (including, but not limited to, price and availability of shipping services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your shipping arrangements or providers (and related documents) or any service booked through the Website and Application, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website or Application. Additionally, you agree not to:
- use the Website or Application or its contents for any commercial purpose for others;
- take any false, or fraudulent acts;
- access, monitor or copy any content or information of the Website or Application using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on the Website or Application or bypass or circumvent other measures employed to prevent or limit access to the Website or Application;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep—link to any portion of the Website or Application for any purpose without our express written permission; or
- “frame”, “mirror” or otherwise incorporate any part of the Website or Application into any other website or application without our prior written authorization.
If your account or use of the Website or Application shows signs of fraud, abuse or suspicious activity, HaulHound may cancel any services, access other use of the Website or Application associated with your name, email address or account, and close any associated HaulHound accounts. If you have conducted any fraudulent activity, HaulHound reserves the right to take any necessary legal action and you may be liable for monetary losses to HaulHound, including litigation costs and damages. To contest any cancellations, freezings, denials or closure of an account, please contact HaulHound Customer Service.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your actions. Please read any additional terms and conditions carefully. In particular, if you have purchased services from a shipper or carrier, please ensure you read the full terms and conditions of such shipper and carriage issued by such supplier, which can be found on their website, application or by contacting them directly. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. Suppliers and other suppliers may change their prices without notice.
All transactions will be executed directly with the Supplier.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable product or services, in your forfeiting any monies paid, and/or in our debiting your account for any costs incurred as a result of such violation.
The Information, Software, Products and Services published on the Website or Application may include inaccuracies or errors, including contact or pricing errors. In particular, HaulHound and its affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description displayed on the Website or Application (including, without limitation, the pricing, photographs, general descriptions, etc.). In addition, HaulHound expressly reserves the right to correct any errors on our Website or Application and/or pending reservations.
Ratings displayed on the Website or Application are intended as only general guidelines, and HaulHound and its affiliates do not guarantee the accuracy of the ratings. HaulHound and its affiliates and their respective suppliers and third parties make no guarantees about the availability of specific products and services. HaulHound and its affiliates and their respective suppliers and third parties may make improvements and/or changes on the Website or Application at any time.
HaulHound and its affiliates and their respective suppliers make no representations about the suitability of the information, software, products and services contained on the Website or Application for any purpose, and the inclusion or offering of any products or services on the Website or Application does not constitute any endorsement or recommendation of such products or services by HaulHound and its affiliates. All such information, software products, and services are provided “as is” without warranty of any kind. HaulHound and its affiliates and their respective suppliers disclaim all warranties and conditions that the Website or Application, its servers or any email sent from HaulHound and its affiliates and/or their respective suppliers are free of viruses or other harmful components. HaulHound and its affiliates and their 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 response, title and non-infringement.
The suppliers, shippers, carriers and third parties providing shipping or other services on the Website or Application are independent contractors and not agents or employees of HaulHound and its affiliates. HaulHound and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or third parties or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. HaulHound and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority
In no event shall HaulHound and its affiliates and/or their 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 the Website or Application or with the delay or inability to access, display or use the Website or Application (including, but not limited to, your reliance upon opinions appearing on the Website or Application; any computer viruses, information, software, linked sites, products and services obtaining through the Website or Application; or otherwise arising out of the access to, display of or use of the Website or Application) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if HaulHound and its affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, HaulHound and its affiliates or their 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 HaulHound and its affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) any fees you paid to HaulHound in connection with such transaction(s) on the Website or Application, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
You agree to defend and indemnify HaulHound and its affiliates and/or their respective suppliers and any of their officers, directors, employees, representatives and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your violation of any law or the rights of a third party; or
- your use of the Website or Application.
The Website or Application may contain hyperlinks or connections to websites or applications operated by parties other than HaulHound. Such hyperlinks and connections are provided for your reference only. We do not control such websites or applications and are not responsible for their contents or the privacy or other practices of such websites or applications. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Website or Application or other websites or applications) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks or connections to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators.
SOFTWARE AVAILABLE ON THE WEBSITE OR APPLICATION
Please note that all Software, including, without limitation, all HTML code and controls contained on the Website or Application, is owned by HaulHound and its affiliates and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
If a currency convertor is available on the Website or Application, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but HaulHound and its affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to the Website or Application). You are prohibited from posting or transmitting to or from the Website or Application: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Website or Application. You acknowledge that HaulHound may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the shipper, carrier third party, only your most recent
Hauilhound claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.
HaulHound’s policies with respect to claims by third parties that the content of the Website or Application, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Website or Application are either registered trademarks or trademarks of HaulHound in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. HaulHound is not responsible for content on websites or applications operated by parties other than HaulHound.
If you are aware of an infringement of our brand, please let us know by emailing us at [email protected] We only address messages concerning brand infringement at this email address.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, HaulHound has adopted a policy of terminating, in appropriate circumstances and at HaulHound ‘s sole discretion, subscribers or account holders who are deemed to be repeat infringers. HaulHound may also at its sole discretion limit access to the Website or Application and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing on the Website or Application, such as a link to the infringing material.
- Your address, email address and telephone number.
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to [email protected], Attn: President, or by using the contact information below.
One or more patents owned by HaulHound or its affiliates may apply to the Website or Application and to the features and services accessible via the Website or Application. Portions of the Website or Application operate under license of one or more patents. Other patents pending.
You agree that no joint venture, partnership, or employment relationship exists between you and HaulHound or its affiliates as a result of this Agreement or use of the Website or Application.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Website or Application or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and HaulHound and its affiliates with respect to the Website or Application, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on the Website or Application are not intended to represent any real individual, company, product, or event.
You acknowledge that except as provided elsewhere HaulHound generally does not collect taxes for remittance to applicable taxing authorities.
Any terms of service, shipping, payment, etc. with respect to any supplier are governed between the agreement or arrangement you and the supplier or third party may reach. You agree that HaulHound is not liable to you or the supplier or third party for any or in connection with any agreement or arrangement you and the supplier or third party and any actions or failures to act by you or such supplier or third party.
Any rights not expressly granted herein are reserved.
For quick answers to your questions or ways to contact us, visit haulhound.com, e-mail us at [email protected] or you can write to us at:
Attn: Customer Service
PO Box 460
Mundelein, Illinois 60060