Last Updated: January 6, 2010

Terms of Use.

Thank you for using Loadweasel.com, an information business that helps match truckers with available loads. Loadweasel.com helps get customers the information they need the best and fastest way possible utilizing current technologies, such as the internet, email, cell phones, and other technology appliances. Loadweasel is not a broker and is not in competition with its members for loads or trucks. Loadweasel operates on a first-come, first-serve basis.

The Loadweasel.com website and related services are operated by Loadweasel, LLC (hereafter, "us", "we", "Loadweasel.com, Loadweasel, LLC" or the "Company"). By registering, accessing, or using Loadweasel, LLC's website at www.loadweasel.com, any mobile version thereof, or any software system designed to support or permit interaction with the website or its functionality over a network (together the "Site"), you (the "User") signify that you have read, understand, and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Loadweasel.com. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice, provided that Loadweasel, LLC will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions and a dispute resolution clause that governs how disputes will be resolved.

1.    Eligibility. Use of the Site is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement.

2.    Term. This Agreement will remain in full force and effect while you use the Site and/or are a registered member. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site (or any portion, aspect, or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18. You may terminate your membership at any time for any reason provided that if you have an ongoing Contract you may, in Loadweasel, LLC's sole discretion, continue to be bound by the terms of that agreement until that Contract terminates. Even after your membership is terminated, certain sections of this Agreement will remain in effect; see Section 13.f below for a list of the provisions of this Agreement that will survive the termination of your membership.

3.    Registration Data; Account Security. You agree to (a) provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

4.    User Conduct.

a.    The User has a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for User's commercial use. The User will not use the Site for any other purpose, without the Company's express prior written consent. The User represents, warrants, and agrees that no materials of any kind submitted through the User's account or otherwise posted, transmitted, or shared by the User on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. The User also agrees to use the Site in a manner consistent with any and all applicable laws and regulations.

b.    The User agrees not to use the Site or to authorize any other person to use the Site to:

                  i.    cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;

                ii.    harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

               iii.    use the Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site;

               iv.    use automated scripts to collect information from or otherwise interact with the Site;

                v.    upload, post, transmit, share, store, or otherwise make available any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;

               vi.    register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

              vii.    impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;

            viii.    upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

               ix.    upload, post, transmit, share, store, or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;

                x.    solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

               xi.    upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

              xii.    intimidate or harass another;

            xiii.    upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

            xiv.    use or attempt to use another's account, service, or system without authorization from the Company, or create a false identity on the Site;

              xv.    upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose the Company or its users to any harm or liability of any type.

5.    Proprietary Rights in Site Content; Limited License.

a.    Proprietary Rights. The User acknowledges and agrees that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the property of Loadweasel, LLC and its content providers and that the Company and its content providers retain all right, title, and interest in the Site Content. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Loadweasel, LLC's prior written permission, except that the foregoing does not apply to the User Content (as defined below) that the User legally posts on the Site.

b.    Limited License. Provided that the User is eligible to use the Site, the User is granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your commercial use, provided that you keep all copyright, trademark, service mark, or other proprietary notices intact. Except for User Content, you may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate any Site Content in any other database or compilation, and any other use of the Site Content is strictly prohibited. The license granted by these Terms of Use does not permit the use of any data mining, robots, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.

6.    User Content Posted on the Site.

a.    User Responsibility. You are solely responsible for any photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish, or display (hereinafter, "post") on or through the Site (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, might be offensive, illegal, threatening to the safety of users or others, or might violate the rights of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

b.    License. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, provided that the Company may not use User Content in violation of the Privacy Policy. Aside from the license granted herein, Users retain all rights to their User Content, including the right to remove User Content at any time. If a User removes his or her User Content, then the license granted herein shall automatically expire, provided that the Company may retain archived copies of such information.

c.    Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights (including all intellectual property rights) to, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial, or otherwise, without acknowledgment or compensation to you.

7.    Intellectual Property.

a.    Trademarks. LOADWEASEL, LLC, Loadweasel.com, and other Company graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, service marks, or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

b.    Copyright Protection.

                  i.    You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or service marks, or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner.

                ii.    In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has implemented a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement or infringement of the Company's intellectual property rights specifically.

8.    Third-Party Websites and Content.

a.    The Site contains (or you may access through the Site) links to other web sites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the "Third-Party Applications, Software, or Content"). The Company does not investigate, monitor, or check such Third-Party Sites and Third-Party Applications, Software, or Content for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software, or Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software, or Content, you do so at your own risk and you are on notice that our terms and policies will no longer govern. It is your responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.

b.    Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Company.

9.    Disputes between Users. You are solely responsible for your interactions with other Loadweasel, LLC users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

10. Disclaimers.

a.    Content. The Company is not responsible or liable in any manner for any User Content or Third-Party Applications, Software, or Content posted on or accessible through the Site, whether posted or caused by users of the Site, by Loadweasel, LLC, by third parties, or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third-Party Applications, Software, or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.

b.    Availability and Data Integrity. The Site may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications including but not limited to User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the worldwide web and/or in connection with the Site. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site, any User Content or Third-Party Applications, Software, or Content posted on or through the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline.

c.    Viruses and Malware. The Company does not represent or warrant that software, content, or materials on the Site, or any Third-Party Applications, Software, or Content are accurate, complete, reliable, current, or error-free or that the Site, its servers, or any Third-Party Applications, Software, or Content are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content, or materials and use industry-recognized software to detect and disinfect viruses.

d.    Results. The Company cannot guarantee and does not promise any specific results from use of the Site and/or any Third-Party Applications, Software, or Content.

e.    Reservation of Rights. The Company reserves the right, solely in its discretion, to

                  i.    change any and all content, software, and other items used or contained in the Site at any time without notice;

                ii.    modify and/or discontinue the Site at any time without notice; and

               iii.    terminate your username, password, and account, should you be in violation of the Terms of Use.

f.     THE SITE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT.

11. Limitation on Liability.

a.    IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY THIRD-PARTY APPLICATIONS, SOFTWARE, OR CONTENT OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b.    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SITE DURING THE TERM OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

12. Indemnity. You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third-Party Applications, Software, or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

13. Miscellaneous.

a.    Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the State of Michigan, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Michigan, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts in Michigan.

b.    Arbitration. You and the Company agree that all disputes, controversies, or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by binding arbitration in Michigan in accordance with the Consumer Procedures and Rules of the American Arbitration Association.

c.    Privacy. Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

d.    Definitions and Constructions. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

e.    No Agency. There is no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.

f.     Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 5 (Proprietary Rights in Site Content), Section 9 (Member Disputes), Section 10 (Disclaimers), Section 11 (Limitation on Liability), Section 12 (Indemnity), and this Section 13 (Miscellaneous).

g.    Entire Agreement. These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Site, superseding any prior agreements between you and the Company relating to your use of the Site.

h.    Other. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be held invalid or deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.