Greetings and thank-you for your attention. Please find the User Agreement and Privacy Statement Notification(the "Agreement" or "User Agreement" or "Statement") for Frugal Freight LLC. The following information describes the terms by which Frugal Freight LLC offers you access to its site and services.
Note: if you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Site and services.
Note: Frugal Freight LLC is a venue only. Frugal Freight LLC provides this venue through: www.frugalfreight.com
This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub domains of www.frugalfreight.com (the "Site")
Again, if you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our site and services
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and Privacy Statement Notification, which included those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Frugal Freight LLC. The Privacy Statement in full, is contained in a separate document under "Privacy Statement". As you read the User Agreement and Privacy Statement, it is suggested you also access and read the information contained in the other pages located in the site. These other pages will also give you experience in using the site and understanding its intentions. A Frequently Asked Questions (FAQ) area has also been developed and updated periodically to further your understanding of the site.
This User Agreement and Privacy Statement may be changed or amended at any time. These changes and amendments will be posted to the site. All changes and amendments will become effective 30 days after they are initially posted on the site. Again, if you do not agree to be bound by the original User Agreement and Privacy Statement, its changes and amendments, do not use or access the site and services.
Participation in the site and services:
Participation in the site is allowed by agreeing to the terms and conditions of this User Agreement and Privacy Statement and becoming a member of the site by registering your personal information in the registration area. The participation in the site is available only to people who can form legally binding contracts under applicable law. To not limit the foregoing, participation in the site is not available to children or people under the age of 18. Plus, or also, people that have been temporarily or indefinitely suspended Frugal Freight LLC members cannot participate in the site or services. Membership may not be transferred or sold. All information provided in the registration process must be accurate and truthful. Any changes to the information in the registration must be made immediately or upon next use of the site and services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement and Privacy Statement. Members of Frugal Freight LLC may terminate their relationship with or without cause at any time .
Fees and services and credits: ANY REFERENCE TO FEES, CREDITS, OR CHARGES TO BE IGNORED UNTIL FURTHER NOTICE. ALL FRUGAL FREIGHT SERVICES ARE FREE
Frugal Freight LLC is a Venue
Frugal Freight LLC is not an auction site or online auction website. Frugal Freight LLC acts as a venue to allow members place/respond to Classified Ads similar to what is commonly seen in a newspaper's Classified Ads section. Frugal Freight LLC also acts as a venue for members to RFQ /Q on freight services. To explain again: to Request For Quote to haul freight or to Quote/Bid or answer that Request For Quote. This interaction will be primarily between freight Shippers and freight Carriers. Frugal Freight LLC is the venue that provides a common meeting place whereby Classified Advertisers and Shippers and Carriers can view or advertise their needs. Frugal Freight LLC will not be involved in the actual transaction. Frugal Freight LLC has no control over the quality, safety, or legality of the items placed or advertised or displayed on its web site. Frugal Freight LLC cannot ensure that a Classified Advertiser or Shipper or Carrier will actually complete the transaction or pay for services rendered or received.
Member identity and verification
Frugal Freight LLC may use any number of methods to verify the accuracy of the information ours members provide when they register on the site. However, because member verification on the Internet is difficult, Frugal Freight LLC cannot and does not confirm each member's purported identity. To further help identity verification, we have established a member feedback system to help evaluate who you are dealing with and to have the ability of the individual members to contact each other. The membership can further publish their experiences with the members and the Frugal Freight LLC site itself directly to the feedback system for all to see.
Membership release
We are a venue, and because we are a venue, in the event that you have a dispute with one or more users, you release Frugal Freight LLC (its managers, its owners, it officers its employees, its subcontractors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are California resident, you waive California Civil Code # 1542 ,which says: " a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Information control
We do not control the information provided by other members that is made available through our system. You may find other members information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, diligence, and a bit of prudent control when using the site. Do not deal with underage persons or people acting under false pretenses. If it is too good to be true, it generally is not true. As the site develops there may be international trade involved. Be sure to inform yourself to dealing with the added problems associated with crossing borders and language differences. By using Frugal Freight LLC, you agree to accept such risks and Frugal Freight LLC is not responsible for the acts or omissions of members on the site.
Classified Advertiser
You must be legally able to place the Classified Advertisement. You can not legally entice anyone to break the law. You must be truthful, honest, and concise in your Ads. There is considerable space provided in the comments/description section of your Ad for a thorough description. Once placed, reread your Ad. You are able to go back into the Ad and correct mistakes.
Classified Advertisement Respondent
You must be legally able to form an agreement. You can not legally entice anyone to break the law. You must be honest and truthful in your dealings.
Classified Advertising Feedback
Both Classified Advertisers and their Respondents will receive positive or negative feedback by the accuracy of their dealings in Frugal Freight LLC. Should Frugal Freight LLC alone determine by way of complaints or feedback that you are not complying with the terms of the Advertisement and or the User Agreement, your feedback will be negative. The second and third negative finding will be suspension for one month. The fourth negative finding will be suspension for one year or permanently. You may be immediately permanently suspended should it be determined a loss or potential loss has occurred due to negligent, fraudulent, or unlawful acts.
Shipper or provider of a Request for Quote (RFQ)
You must be legally able to list the item for RFQ or shipment. You cannot legally entice anyone to break the law by soliciting Quotes on an RFQ prepared with illegal intentions. You must be very concise in preparing the RFQ. There is considerable space provided in the comments section of your RFQ. You must be accurate in describing the item being shipped. If the commodity code is known, please specify. Basic required information is: weight, square dimensions =length x width x height; Is it hazardous; Have provisions been made to load and unload the item and who is responsible for this; Exact directions for pickup and delivery; When the item must be picked up and expected delivery times and dates. If you are aware of any special handling that is required i.e. Blankets or air ride suspensions this must be noted. It must be noted on the quote if the shipment's origin, destination or both is in a residential or commercial area. Lastly and most importantly is payment for the carrier's services. You must be very specific. It is suggested only, that the Shipper pay the Carrier upon receipt of the freight. The payment arrangements must be spelled out on the RFQ as the Carrier must base his quote accordingly. Upon choice of a Quote, contact the bidder immediately. It is important to note here that while the Shipper usually provides the RFQ, a Carrier can also provide the RFQ. In the instance the Carrier provides the RFQ it is usually to advertise his services to the members of Frugal Freight LLC. I.e, he may describe the freight he is able to haul, the area he serves, the type of equipment he has, or he may simply be in a situation where he has an opening in his schedule to haul freight. Reread your RFQ, you may go back and edit most of your information for accuracy.
Remember, you will receive positive or negative feedback by the accuracy of your RFQ.
Should Frugal Freight LLC alone determine by way of complaints or feedback that you are not compiling with the terms of the quote, and or the User Agreement, your feedback will be negative. The second and third negative finding will be suspension for one month.
The fourth negative finding will be suspension for one year or permanently. You may be immediately permanently suspended should it be determined a loss or potential loss has
occurred due to negligent, fraudulent, or unlawful acts.
Carrier or provider of a Quote (Q)
As a successful or chosen Quote, generally a carrier, you are obligated to complete the transaction with the Request for Quote (RFQ), generally the Shipper. You must be legally able to perform the duties for which you have provided the quote. Do not quote if you do not have the legal capability to perform per the RFQ terms. When providing the Quote, there is adequate space to provide additional information that may help sell you to the RFQ shipper. Remember, the RFQ does not have to accept the low bid. Many things influence a decision. I.e.: experience, availability, equipment, feedback record, and professionalism to name a few. By providing a Quote, you are bound by the conditions in the RFQ and by your own Quote. You must be concise when quoting. You may retract your quote only under exceptional circumstances, i.e.:
You determine the RFQ is unlawful, the RFQ is inaccurate, the RFQ is changed and unacceptable to the bidder or carrier, you are unable to directly contact the RFQ party.
Should Frugal Freight LLC alone determine by way of complaints or feedback that you are not complying with the terms of the RFQ, and or the User Agreement, your feedback will be negative. The second and third negative finding will be suspension for one month. The fourth negative finding will be suspension for one year or permanently. You may be immediately permanently suspended should it be determined a loss or potential loss has
occurred due to negligent, fraudulent, or unlawful acts.
Fraud
Without limiting any other remedies, Frugal Freight LLC may suspend or terminate your account if we suspect that you ( by conviction, settlement, insurance or escrow investigation , or otherwise) have engaged in fraudulent activity in connection the site .
Manipulation
Neither you, or anyone outside of Frugal Freight LLC administration may manipulate the price of any item, nor may you interfere with other member's RFQ, Q, Classified Ads, or other listings, publishing's, and transactions.
Your information
"Your Information" is defined as any information you provide to us or other users in the registration, RFQ, Quote or Classified Ad process, in any public message area including the feedback are or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Restricted activities under "Your Information". Your Information (or any items you have caused to be placed on the Frugal Freight LLC site and your activities on the site shall not: be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or stolen items; infringe upon third party's copyright, patent, trademark, trade secret or other proprietary rights of rights of publicity or privacy; violate any law, statute, ordinance or regulation including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography, if otherwise adult in nature or harmful to minors shall not be permitted on the site.; contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with , surreptitiously intercept or expropriate any system, data or personal information; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not, even by paying to us the fees cause us to violate any applicable law, stature, ordinance or regulation, or that violates any of our currently prohibited, questionable and infringing items.
License under "your information": Solely to enable Frugal Freight LLC to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Frugal Freight LLC will only use Your Information in accordance with our Privacy Policy
Access and interference under "Your Information": Some of the information on the site may be updated on a real time basis and is proprietary or is licensed to Frugal Freight LLC by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the site for any purpose without our express written permission. Additionally, you agree that you will not; take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the site without the prior expressed written permission of Frugal Freight LLC and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the site
Feedback
You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids, RFQ, and Classified Ads placed on the site based upon your level of feedback If you earn a net feedback rating of minus 3, your membership may be suspended and you will be unable to participate in the site.
Your knowledge that your feedback consists of comments left by other users and a total feedback number compiled by Frugal Freight LLC, and that the total number without the comments does not convey your total user profile. Because feedback ratings are not designed for any purpose other that for facilitating business between Frugal Freight LLC users, you agree that you shall not market or export your Frugal Freight LLC feedback rating in any venue other that an Frugal Freight LLC website.
We do not provide you the technical ability to import feedback from sites other that Frugal Freight LLC because of possible different measuring criteria.
Without limiting other remedies, we may limit your activity, immediately remove your bids, or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: you breach the Agreement or the documents it incorporates by reference; we are unable to verify of authenticate any information you provide to us; or we believe that your actions may cause financial loss or legal liability go you, our users or us.
Privacy Statement Notification
See the attached separate document titled Privacy Statement for the entire Privacy Statement which is part of this User Agreement and must be agreed to.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information to enable you to participate in the Frugal Freight LLC website. We store your information on a host site independent of our business. We have contracted with independent professionals in the internet industry to individually secure the site from viruses and hacking, provide complete security for the personal information stored on the hosting server, provide complete security for the processing of payment transactions, and provide backup of information on the website in case of an unforeseen event. If you object to your information being transferred or used in this way, please do not user or services.
Frugal Freight LLC reserves the right to refuse to allow publication or delete any Classified Advertisement, Request for Quote, or correspondence it deems necessary.
No Warranty
We and any of our subsidiaries, managers, officers, directors, employees and our suppliers provide our web site and services "as is" and without any warranty or condition, express, implied or statutory. We, our subsidiaries, managers, officers, directors, employees, and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states don't allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability limit
In no event shall we, our subsidiaries, managers, officers, directors, employees, or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connections with our site, or services or this Agreement (However arising, including negligence).
Our liability, and the liability of our subsidiaries, managers, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of A, the amount of fees you pay to us in the 12 months prior to the action giving rides to liability, and B, $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to arising out of your breach of this Agreement of the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal compliance
You shall comply with all applicable domestic and international laws, statures, ordinances and regulations regarding your use of our service and your submission of Classified Ads, RFQ's, bidding or quoting on RFQ's, submitting notices of availability of services, or additional services which Frugal Freight LLC may be offer in the future.
No Agency
You and Frugal Freight LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Frugal Freight LLC, Attn: Manager, 2712 Manitou Way, Bakersfield, CA 93309 or to the email address you provide to Frugal Freight LLC during the registration process (in your case). Notice shall be deemed given 24 hours after the mail is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Frugal Freight LLC during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Disclosures
Frugal Freight LLC is located in the United States of America, State of California, County of Kern, City of Bakersfield. All correspondence should be directed to: Frugal Freight LLC, Manager, 2712 Manitou Way, Bakersfield, CA. 93309
Dispute resolution
In the event a dispute arises between you and Frugal Freight LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Frugal Freight LLC agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("claims") shall be resolved in accordance with one of the sections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Binding arbitration: for any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $7,500.00, you or Frugal Freight LLC may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and or based solely upon written submissions where no in- person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any another established ADR provider mutually agreed upon the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Court: Alternatively, any claim may be adjudicated by a court of competent jurisdiction located in Kern County, California, United States of America, or where the defendant is located (in our case Bakersfield, California). And in your case your home address or principal place of business) You and Frugal Freight LLC agree to submit to the personal jurisdiction of the courts located within the county of Kern, City of Bakersfield, California.
Alternative Dispute Resolution: Alternatively, Frugal Freight LLC will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Kern County, City of Bakersfield, California or another location mutually agreed upon by the parties.
All claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Resolution of Disputes section by the first party to file a claim. Should either party file an action contrary to this Resolution of Disputes section, the other party may recover attorney's fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.
General
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to Agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated Agreements may be automatically assigned by Frugal Freight LLC in accordance with the previous section " Notices". In our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Additionally, we encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
