Freight And Transportation Exchange, Inc. (FATE)

Freight And Transportation Exchange Agreement


 

This online subscription is between Freight And Transportation Exchange, Inc. Referred to as “FATE” and the entity, individual or group of individuals that accept this agreement. FATE provides online access to its subscribers.

Terms and Conditions

1. Use of the online Dynamic Website

i.        GENERAL

This agreement governs the use of FATE online dynamic website at www.myfreightbook.com. FATE’s subscription will be activated upon a recurring monthly payment. Minimum system requirements or other factors may affect your ability to use the subscription access.

ii. ACCEPTANCE OF TERMS THROUGH USE

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

iii. AGREEMENT TO RULES OF USER CONDUCT

You agree to abide by FATE’s Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of the Rules of Conduct, which you should review, can be found at (link to rules of conduct)

iv. CORRECTIONS AND CHANGES

FATE, Inc. is not responsible for any errors or omissions in this site. FATE may make changes to this site, or to the products, information, services, or content within this site, at any time with or without notice.

v. LINKS TO OTHER WEB SITES

You acknowledge that Links to sites not under the control of FATE do not imply   responsibility by FATE for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by FATE or any association with its operators.

  

vi.     LICENSE

(i)                 FATE grants you a non-exclusive, non-transferable, worldwide and limited right to access and use the Online Services. These rights are (a) non-perpetual unless explicitly stated otherwise and (b) conditional on your continued compliance with the terms of this agreement, including payment for the service. We reserve all rights not expressly granted to you in this agreement, including any rights by implication or otherwise.

(ii)               By posting or submitting content to this site, you grant FATE and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by FATE will not infringe or violate the rights of any third party.

vii.   PRIVACY AND SECURITY

(i)             FATE values its customers’ privacy. Information displayed by our subscribers by the mean of networking within members is strictly provided by the control of information shared by our subscribers to our subscribers in order to find the perfect match among them.  FATE does not sell, trade, or rent your personal information to others. FATE does advertise and promote your company’s information and services.

(ii)               COLLECTION OF PERSONAL DATA: "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies do not store or gather personal information off your computer; however, cookies must be enabled on your computer to login. 

(iii)           FATE does log the IP Address when a visitor clicks to view a web page. This IP Address is anonymous and not linked to person’s identity. FATE tracks the IP Address for the purposes of reporting to our advertisers how many times their content was viewed (e.g. which web pages were most popular).

(iv)             FATE does not disclose personally identifiable information to third parties except to the extent necessary to provide a requested product or service, or under circumstances required by law, such as a court order or subpoena.

(v)               FATE has implemented security features such as a professional third party merchant account to prevent the unauthorized release of or access to personal information pertaining to monetary purchases.  Please be advised, however, that the confidentiality of any communication or material transmitted to or from FATE via this site or email cannot be guaranteed.

(vi)             Visitors at any time have the choice to unsubscribe of receiving communications from FATE and or having his or her personally identifiable information removed by contacting FATE via postal mail, email, telephone or fax.

(vii)           FATE may change this Privacy Statement at any time.  It is the obligation of users visiting this site before the change to learn of changes to the Privacy Statement since their last visit. Any change to this Privacy Statement shall be effective as to any visitor who has visited the Site before the change was made.

 

 

viii. LIMITATIONS OF USE Subscribers do not have any right to reverse engineer, decompile or disassemble the FATE web service, except where applicable law permits it despite this limitation.

v. Responsibility for your ID’s and accounts You are responsible for protecting the confidentiality of any login and password to access your online portal or other authentication credentials associated with your use of your Online Service under this agreement. In addition, you are responsible for your passwords, if any, and all activity with your Online Service accounts including that of users you provision and dealings with third parties that take place through your account or associated accounts. You must keep your accounts and passwords confidential. You must inform FATE right away, by means of email about any possible misuse of your accounts or any security incident related to the Online Service.

vi. Your responsibility for use of FATE’s communities You are responsible for your users’ use of any community, including ensuring compliance with the terms governing the community located at the community’s website. We specifically disclaim any liability arising from or related to your or your users’ use of or inability to use a community’s website. A “community” as used in this section means one or more forums that we or an Affiliate of ours may establish for customers or the general public to obtain information or collaborate regarding the use of the service, as may be accessible via FATE’s dynamic website or at an alternate website we identify.

2. Ordering, pricing, payments, renewals.

i. Ordering Order your subscription via www.myfreightbook.com and follow the step by step instructions. Each new user will have a 30 days trial. At the end of the trial, an email will be sent to opt to start your monthly recurring subscription service.

ii. Pricing and payment Monthly subscription including 30 days free trial for the first time subscriber. After the 30 days trial period, you will be required to enable the recurring monthly subscription fee by entering your credit card information. Upon completion of the agreed upon subscription term, a monthly recurring charge of USD 50.00 will be charged to your credit card until cancellation. You are responsible to update your credit card information in order to avoid service cancellation.

ii. Renewal
(i)    Trial Subscriptions cannot be renewed for any reason under this subscriber.
(ii)    Automatically monthly recurring until cancellation is requested online.
(iii)    You are responsible to update your credit card information to avoid online service interruption.

3. Term, suspension, and termination.

i. Agreement term and termination This agreement will remain in effect unless you terminate it subject to the terms of this Section. Termination will be in effect for the next recurring month. Each subscription to be validated shall be requested 24 hours before the beginning of the next month cycle, based on CST (United States Central Standard Time).

ii. Termination of a Subscription You may terminate your subscription at any time. A termination will be effective at the end of the monthly Subscription cycle during which you terminate the subscription. You must pay for the period prior to the termination effective date.

iii. How to terminate this agreement or a Subscription Cancellation shall be initiated from your portal only.

4. Confidentiality.

You agree that you shall treat the design and performance of the subscription service that are accessible to you only via password protected access and any documentation or materials we make available to you under this agreement as confidential and shall not disclose them to any third party except in the furtherance of the parties’ business relationship with each other. If you are a government customer, this Section is subject to the requirements of applicable trade secret, public records, and similar laws. Neither party shall make any public statement concerning the terms or our business relationship as provided in this agreement without the other party’s prior written consent.

5. Disclaimer

i. NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. WE DISCLAIM ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM.

ii. Applicable law. This agreement is governed by the laws of the State of Alabama Baldwin County without regard to its conflict of laws principles.

iii. Dispute resolution. Any action to enforce this agreement must be brought in the State of Alabama Baldwin County, USA.

iv. Entire agreement. This agreement constitutes the entire agreement concerning its subject matter and supersedes any prior or contemporaneous communications.