Terms and Conditions for the Online Sale of Services
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
These Terms of Use & Sale are entered into by and between You (referred to as “you” or “Subscriber”) and Petrafi Inc. (referred to as “Company,” “us,” “we,” or “our” as the context may require). The following terms and conditions, together with any documents incorporated by reference (collectively, “Terms of Use & Sale”), govern your access to and use of www.petrafi.com, including any content, functionality, and services offered on or through www.petrafi.com (collectively, the “Website”), whether as a guest or a registered user.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, registering for use of this website, and/or placing an order for use of the services provided by this Website, you represent that you are of legal age to enter into this agreement, meet all the foregoing eligibility requirements, and you accept and are bound by these Terms of Use & Sale. You affirm that if you place an order for services on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions and reside in the United States or any of its territories or possessions. If you do not meet all of these requirements, you must not access or use the Website.
Please read the Terms of Use & Sale carefully before you start to use the Website. By using the Website and/or by clicking on “Continue to Site” or “Login” or “Register” when this option is made available to you, you acknowledge and agree to be bound and abide by these Terms of Use & Sale, which apply to your subscription of use of services provided by this Website and/or purchase and sale of services through the Website. You also acknowledge and agree to be bound and abide by our Privacy Policy found below at [https://petrafi.com/terms-privacy-policy] and our Copyright Policy found below at [https://petrafi.com/terms-privacy-policy], all of which are incorporated herein by reference as if fully set forth herein. If you do not want to agree to these Terms of Use & Sale, Privacy Policy, or Copyright Policy, you must not access, use, order, or obtain services from the Website.
These Terms of Use & Sale are subject to change by the Company without prior written notice at any time, in our sole discretion. Any changes to the Terms of Use & Sale will be in effect as of the “Last Updated Date” referenced on the Website. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use & Sale means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Order Acceptance, and Cancellation. You agree that your order is an offer to buy, under these Terms of Use & Sale, services listed in your order. All orders must be accepted by us, or we will not be obligated to sell services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Registration and Login Information. All information you provide to this Website to establish or maintain its your Website service account must be true, accurate, current, and complete. Such information may include physical address, email address, phone number and other information as this Website may reasonably request. You will maintain the confidentiality of your login and password information for this Website services and will be responsible for all actions taken through your account for this Website’s services. You agree to immediately notify this Company of any unauthorized use of your account or any other breach of security related to its use of this Website’s services. You will limit use of this Website services to your authorized employees and contractors and will be responsible for their compliance with this Agreement.
Prices. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. All fees are quoted in U.S. dollars and are not refundable, except as may otherwise be provided in an Order Form. Posted prices do not include taxes or processing fees and costs, if applicable, or credit card merchant charges. All such taxes and charges will be added to your total purchase for services and will be itemized in your order confirmation page and in your order confirmation email. Charges for Service updates are not included in the base fee. We may on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Subscriptions. Active subscriptions cannot be modified. But if the user would like to add more trucks and/or drivers (“Upgrade”), a new subscription will be created under the user’s same account. In which case any new subscription shall be separate and apart from the original subscription and subject to these Terms of Use & Sale, but pricing may differ from the original subscription. Each additional subscription remains in full force and effect for the duration of its respective subscription period, as determined by the activation date of each additional subscription. Each additional upgraded subscription will be automatically renewed. The original subscription will be automatically renewed as well. The additional upgraded subscription and original subscription may have different renewal dates.
If the user wants to reduce the number of trucks and/or drivers under an active subscription (“Downgrade”), those downgrades will not take effect until the original subscription period concludes, you will still be subject to the terms of the original subscription during the entire subscription period, active subscriptions cannot be modified—there will be no price changes nor proration due to downgrades of trucks and/or drivers.
If the user chooses to downgrade during the original subscription period, the original subscription period will not be modified nor will there be a pro-rated credit given due to the downgrade. However, the subscription will be automatically renewed, reflecting the downgraded amount of trucks and/or drivers. Upon the expiration of the subscription period of any downgraded subscriptions, said downgraded subscription shall not be automatically renewed or extended, and the new subscription reflecting the downgraded trucks and/or drivers will replace the old subscription as the original subscription in your account.
The terms in this section are applicable in monthly and yearly subscriptions.
Promotions. We may offer from time-to-time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Use & Sale. If there is a conflict between the terms for a promotion and these Terms of Use & Sale, the promotion terms will govern.
Payment. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, including purchases based on a monthly or periodic subscription basis, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping, handling and credit card merchant charges, and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Default in Payment. If you fail to pay the full amount for any or all amounts due, the Company may suspend your account until such charges are paid in full. You will be notified automatically when a payment is not processed and shall have three (3) days to update the payment information before the suspension of your account. Upon your failure to pay the Company timely, you agree to pay all costs incurred for collection as governed by the laws of the State of Florida, including reasonable attorney’s fees and interest on sums which are due but which have not been paid at the rate of one and a half percent (1.5%) per month, which interest accrues from the date due until paid to the Company in full, including after any judgment rendered in the Company’s favor by a court of competent jurisdiction. The Company shall be authorized to apply payments received to accumulated interest and then to the oldest charges. At the Company’s discretion, any sums (including credits, refunds or damage claims) which the Company owes to you may be applied against any outstanding balance which you owe the Company.
No Refunds. Except as otherwise agreed to in writing by us, we do not offer any refunds for any reason.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
Accessing the Platform via Website or Mobile Application
**Definitions**
**Mobile Application** means the native applications distributed by Petrafi Inc. through third-party app stores (e.g. Apple App Store, Google Play) that enable access to the Platform’s Services on mobile phones and tablets
**License Grant & App Store Terms**
**Mobile App License.** Subject to your compliance with these Terms, Petrafi Inc. grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Mobile Application solely on mobile devices that you own or control. You acknowledge that your use of the Mobile Application is also subject to the terms of the applicable app store (e.g., Apple App Store Terms of Service, Google Play Developer Distribution Agreement).
**Device Permissions & Data Collection**
**Device Permissions.** The Mobile Application may request access to certain features of your mobile device—such as GPS/location data, camera, photo library, contacts, or push notifications—to enable full functionality (e.g., real-time load tracking). You agree to grant these permissions and understand you can revoke them at any time via your device settings, though revocation may limit certain Services.
**Push Notifications & Messaging**
**Push Notifications.** By installing the Mobile Application, you consent to receive push notifications, SMS messages, and in-app messages relating to trip assignments, shipment status, billing alerts, and other operational updates. You may opt-out of non-critical notifications at any time through the app’s settings or your device settings.
**Updates, Maintenance & Versioning**
**App Updates.** Petrafi Inc. may automatically download and install updates to the Mobile Application from the app store, including bug fixes, patches, or new features. Continued use of the Mobile Application after an update constitutes your acceptance of the modified Terms.
**Offline Use & Data Charges**
**Offline Functionality & Data Usage.** Certain features of the Mobile Application may be available offline; however, you acknowledge that data downloaded or cached locally remains subject to the Platform’s data‐handling and retention policies. You are responsible for any data or messaging charges imposed by your mobile carrier when using the Mobile Application.
**App-Specific Disclaimers**
**Mobile App Disclaimer.** Your device’s operating environment (e.g., iOS version, Android version) may affect the performance of the Mobile Application. Petrafi Inc. does not guarantee compatibility with all devices or OS versions. We disclaim all warranties to the fullest extent permitted by law regarding the Mobile Application’s reliability, security, or performance on your specific device.
**App Store Compliance & Intellectual Property**
**Third-Party App Stores.** You acknowledge that the Mobile Application is made available via third-party app stores, and that Petrafi Inc. and you each must comply with the respective store’s policies. Petrafi Inc. is solely responsible for addressing any claims relating to the Mobile Application, including product liability, legal compliance, and intellectual property infringement.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree and acknowledge that we are not liable for any damages caused by any third-party from any unauthorized or fraudulent use of your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use & Sale.
SOLE USE AND AUTHORIZATION OF INFORMATION
Sole Use and Authorization. You warrant and agree that information (including, but not limited to, Personal Information) obtained from Information Services may only be disseminated to you for use in employment decisions solely with respect to the continued employment of current employees or offers of employment to prospective employees, unless further restricted. You must take all steps necessary to ensure that your employees use the Information Services in compliance with this Agreement and that they do not resell or otherwise provide or transfer any of the Information Services in whole or in part to any other person or entity.
“Information Services” shall mean certain records, products, and/or services, including Motor Vehicle Reports (“MVRs”) provided to you by the Company via its data providers.
“Personal Information” means information that identifies an individual and includes, but is not limited to: (a) first and last name or first initial and last name; (b) a home or other physical address, which includes at least street name and name of city or town; (c) an email address; (d) a telephone number; (e) a Social Security number; (f) credit and/or debit card information, including credit and/or debit card number with expiration date; (g) date of birth; (h) a driver’s license number; or (i) any other information from or about an individual consumer that is combined with (a) through (h) above.
Prohibition on Access. You acknowledge that certain states and/or data providers may prohibit access to their information by offshore users. You agree not to permit offshore access by any of your employees, authorized users, or outsourcer in violation of any prohibition against offshore access to records, and agree to be responsible for the use of the Information Services by your employees, authorized users, or outsourcer in violation of this section.
The Company shall deliver the information to your employees and authorized users solely needed to perform functions consistent with this Agreement’s purpose. You warrant and agree that, to the extent required by applicable federal state and local statutes, rules, codes, and regulations, the Company is authorized, as your agent, to obtain and process the Information Services solely on your behalf.
Confidentiality. You agree to treat as confidential all Personal Information received from or through the Information Services provided by the Company and to disclose consumer information to only those of your employees, authorized users or outsourcers who have a need to know such information to accomplish their duties. You shall not use Personal Information for any purpose except those purposes permitted by this Agreement.
Compliance with Laws. You certify that you shall order, receiver, disseminate and otherwise use the Information Services in compliance with all applicable federal, state and local statutes, rules, codes and regulations, including but not limited to, the Fair Credit Reporting Act (“FCRA”) the Driver’s Privacy Protection Act, 18 U.S.C. §2721 et seq. (“DPPA”), the Graham-Leach-Bailey Act (“GLB”) and their state equivalents, including any changes, supplements or amendments to such statutes ,rules, codes and regulations (collectively, “The Laws”). You understand that violators of the FCRA, the DPPA, and other federal and state laws governing protection of Personal Information are potentially subject to civil actions and penalties, including fines. You shall be responsible for understanding and for staying current with all of The Laws. You further represent and warrant that you shall ensure the security and confidentiality of Personal Information in compliance with The Laws.
Notification in Event of Breach or Misuse of Information. You will immediately notify the Company of any inadvertent or unauthorized release of any Information Services by your employees, authorized users or any other agent obtained under this contract or other security breach of Personal Information contained in Information Services when you know of such unauthorized or inadvertent release. You agree to notify all affected persons that their Personal Information has been potentially compromised in the event of your inadvertent or unauthorized release, misuse, or other security breach of Personal Information contained in the Information Services supplied to you.
Monitoring Services. To the extent that you monitor driver activity by access to services offered by the Company, you agree to comply with all applicable state and federal requirements and restrictions. These may include possible required confidentiality agreements from and background screening of employees and/or Outsourcers accessing the monitoring services and systems and data security procedures to protect against misuse and unauthorized disclosure. You acknowledge that the Company relies on data providers that obtain information from various sources (i.e., state licensing agencies, courts, municipalities, etc.) to provide monitoring services and the quality, timeliness, and population coverage of these services may vary. The Company and its data providers solely supply a delivery platform for such monitoring services and have no control over the information provided by the data source. You agree that the Company and data providers shall have no liability of any kind in connection with the information returned by data sources, including but not limited to any false positives or improperly updated, incomplete, or erroneous information regarding driver activity.
Use of Internet. You agree to not disseminate any unsecured or unencrypted Information Services over the Internet. Internet dissemination include e-mail, World Wide Web access, FTP and all other mechanisms where data is transmitted across the Internet. This shall not prohibit you from transmitting such information over a secure network to authorized agents with a legitimate need to receive the information, provided that such actions comply with The Laws as well as any other state and federal statutes and regulations governing the confidentiality, security and transmission of the Information Services
Specific State Forms. You shall be responsible for understanding and for staying current with all specific state forms, certificates of use or other documents or agreements including any changes, supplements or amendments thereto imposed by the states (collectively, “Specific State Forms”) from which it will order Information Services. You certify that you have filed all applicable Specific State Forms required by individual states. If you order Information Services from a state requiring a Specific State Form, you agree that a copy of the appropriate Specific State Form shall be signed by you and returned to the Company. Your access to Information Services from states not allowing sub-vendors will be restricted. If additional states restrict access to sub-vendors, the Company will immediately restrict your access to these states.
Publications. You agree that all solicitations, advertising copy and other communications used in connection with Information Services shall be devoid of any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient’s name and address. You further warrant that telephone numbers submitted to the Company for reverse telephone append matching services will not be randomly generated or obtained by an automatic number identification system, except where a prior business relationship exists between you and the owner of such telephone number.
Archiving. You shall not use Information Services or data derived from them, including any MVR data, supplied by or through the Company to directly or indirectly compile, store, or maintain the Information Services or derivative data (independent of or commingled with other databases) to develop your own source or database of such services or data.
Interpretation. In the event that you and the Company disagree with the intent, effect, necessity to comply with or the interpretation and/or compliance requirement of any of The Laws or Specific State Forms, you shall conform to the Company’s interpretation.
Retention of Information Services. You and all your authorized users, including any Outsourcer, shall promptly and adequately destroy the Information Services (including MVRs) in your/their possession when they are no longer required for the purpose as stated in this Agreement.
Retention of Requestor Information. You must maintain records identifying each person or entity that receives the Personal Information and the permitted purpose for which the Personal Information will be used. These records must be retained for a period of (5) five years and shall include, but not be limited to, the: request date, requested individual, requestor, permissible purpose for each Information Service, and, as appropriate, signed disclosure/authorization forms from affected consumer(s).
Destruction of Information. All documents containing Personal Information that have been obtained from or through the Company must be properly disposed of by taking reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal. This would include, but not be limited to, implementing and monitoring compliance with policies and procedures that require the burning, pulverizing, erasing, or shredding of papers or records containing such information so that the information cannot practicably be read or reconstructed. Electronic files or media containing Personal Information must be destroyed or erased so that the information cannot be read or reconstructed.
Other Restrictions. The Company may from time to time impose additional restrictions, procedures or processes upon the use and/or delivery of the Information Services that it believes to be prudent to ensure compliance with The Laws, the Specific State Forms and/or the security, privacy or confidentiality of the Information Services.
Ownership. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
YOU MUST NOT REPRODUCE, DISTRIBUTE, MODIFY, CREATE DERIVATIVE WORKS OF, PUBLICLY DISPLAY, PUBLICLY PERFORM, REPUBLISH, DOWNLOAD, STORE, OR TRANSMIT ANY OF THE MATERIAL ON OUR WEBSITE.
Exceptions. The following exceptions apply to the general prohibition on your reproducing, modifying, creating derivative works, publicly displaying, publicly performing, publishing, downloading, storing, and transmitting material on the Website:
Your computer may temporarily store of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile, provided you agree to be bound by our end user license agreement for such applications.
Trucker related information you input into the Website for transmission to third parties.
If we provide social media features, Instagram: @Petrafi Inc., with certain content, you may take such actions as are enabled by such features.
Prohibitions on Material: You shall not:
Modify copies of any materials from this Website
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Unauthorize Reproduction. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website, you will be deemed immediately in material breach of the Terms of Use & Sale, and your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
All Rights Reserved. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use & Sale is a breach of these Terms of Use & Sale and may violate copyright, trademark, and other laws.
Trademarks. The trade name Petrafi Inc. and the terms “Optimus-Paper” and “Petrafi” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use & Sale. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use & Sale.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names or social media handles associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or users of the Website, or expose them to liability.
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use & Sale, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
User Materials. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Materials”) on or through the Website.
You represent and warrant that you own or control all rights in and to the User Materials and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You understand and acknowledge that you are responsible for any User Materials you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Materials posted by you or any other user of the Website.
MONITORING AND ENFORCEMENT & TERMINATION
Termination. This Agreement may be terminated by you at any time with thirty (30) days prior written notice of termination. You agree, however, to pay for all requests received by the Company and/or its data providers prior to termination. The Company may terminate this Agreement or amend this service by providing ten (10) days prior notice to you. The Company may amend this Agreement or terminate without notice if the availability of an MVR to the Company and/or its data providers changes for any reason during the term of this Agreement.
Removal and Disclosure. We have the right to:
Remove or refuse to post any User Materials for any or no reason in our sole discretion
Take any action with respect to any User Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such User Materials violates the Terms of Use & Sale, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Disclose your identity or other personal information about you to law enforcement authorities.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use & Sale.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
Content Standards. These content standards apply to any and all User Materials and use of Interactive Services. User Materials must in their entirety comply with all applicable federal, state, local, and international laws and regulations.
Copyright Infringement. If you believe that any User Materials violate your copyright, please see our Copyright Policy [https://petrafi.com/terms-privacypolicy] for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to the Website and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You must not: establish a link from any website that is not owned by you; or link to any part of the Website other than the homepage. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use & Sale. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Geographic Restrictions. The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
No Affiliation. The availability of services through our Website does not indicate an affiliation with or endorsement of any product, service or manufacturer, third-party or governmental agency, including without limitation, U.S. Department of Transportation or Florida Department of Transportation. Accordingly, we do not provide any warranties with respect to the services offered on our website.
Disclaimer of Indirect Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THIS WEBSITE WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THIS WEBSITE IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
Disclaimer of Warranties. You understand and agree that the following limitations are an essential part of the consideration to the Company for entering into this agreement. The Limitations are specifically designed and agreed to by the parties to allocate and limit risks between the parties in light of the prices charged and the other business terms of this Agreement. Certain of the Information Services provided under this Agreement are from information supplied by various state agencies, service providers, and other service bureaus (collectively “data providers”). We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
AT YOUR DIRECTION, WHERE PERMITTED, MOTOR VEHICLE REPORTS MAY BE SUPPLIED FROM DATABASE OR HISTORY FILES. THESE DATABASE REPORTS MAY NOT CONTAIN THE SAME DATA AS A CURRENT STATE REPORT. THE REPORT WILL NOT BE NOTED AS A DATABASE REPORT AND WILL SHOW THE ORIGINAL REPORT DATE.
NEITHER THE COMPANY NOR ITS DATA PROVIDERS ASSUMES RESPONSIBILITY FOR CHARGES INCURRED, LOST REVENUE, OR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ERRORS IN VENDOR INPUT, DUPLICATE REQUESTS, ERRORS IN TRANSMISSION, PROGRAM OR EQUIPMENT FAILURES, COMMUNICATION PROBLEMS, PROCESS DELAYS, OR SCHEDULE CHANGES. IN NO EVENT SHALL THE COMPANY OR THE APPLICABLE DATA PROVIDER’S LIABILITY EXCEED THE CHARGES ACTUALLY PAID BY YOU IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING ANY SUCH CLAIM.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use & Sale, for any failure or delay in our performance under these Terms of Use & Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, virus pandemics, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law. All matters relating to the Website and these Terms of Use & Sale, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction.)
Dispute Resolution and Binding Arbitration. Notwithstanding any term herein to the contrary, you hereby agree to submit any disputes arising from these Terms of Use & Sale or use of the Website, including but not limited to, disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, exclusively to final and binding arbitration in Miami-Dade County, Florida, under the Rules of Arbitration of the American Arbitration Association applying Florida law.
BY SUBSCRIBING THIS AGREEMENT, YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified herein. (The AAA Rules are available at https://www.adr.org/sites/default/files/Commercial%20Rules.pdf or by calling the AAA at 1-800-778-7879.) The Revised Florida Arbitration Act will govern the interpretation and enforcement of this section.
To You. We may provide any notice to you under these Terms of Use & Sale by sending a message to the email address you provide.
To Us. To provide us notice under these Terms of Use & Sale, you must contact us by facsimile transmission, personal delivery, overnight courier, registered mail, or certified mail to: Petrafi Inc., c/o Antonio C. Castro, Esq., Zumpano Castro, LLC, 500 S. Dixie Highway, Suite 302, Coral Gables, Florida 33146, Fax: 305-774-5908. We may update the facsimile number or address for notices to us by posting a notice on the Website.
Notices. Notices sent to either party shall be effective when delivered in person, one day after being sent by overnight courier, or five (5) days after being sent by certified mail postage prepaid to the address set forth above for such party, or to such other address as the party to which such notice is being sent may from time to time have specified in an earlier notice to the party sending such notice. In addition, notices to you sent by e-mail to your e-mail address identified in this Agreement shall be effective when sent. You shall notify the Company of any changes in your email address.
Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Use & Sale without our prior written consent. Any purported assignment or delegation in violation hereof is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use & Sale. You may not assign or subcontract this Agreement without the prior written permission of the Company and any such assignment or delegation, either full or partial, to any third party is void and of no effect. A merger, consolidation, reorganization or other change of control shall be considered an assignment for the purposes of this Agreement. All terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective permitted transferees, successors and assigns.
No Waivers. The failure by us to enforce any right or provision of these Terms of Use & Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by the Company or a duly authorized representative or agent of the Company
No Third-Party Beneficiaries. These Terms of Use & Sale do not and are not intended to confer any rights or remedies upon any person other than you.
Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, owners, contractors, agents, licensors, suppliers, insurers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use & Sale or your use of the Website, including, but not limited to, your User Materials, any use of the Website’s content and services other than as expressly authorized in these Terms of Use & Sale, or your use of any information obtained from the Website. You also represent and warrant that any data, content or other materials provided by you to the Company are in compliance with all applicable laws and will not, when used by the Company, defame any person or infringe the trademarks, service marks, copyrights or other intellectual property rights of any third party. You agree to indemnify and hold harmless the Company, its affiliated companies and their officers, directors, employees and shareholders from any and all damages, costs, judgments, and expenses (including reasonable attorney’s fees) as well as any and all fines, interest, penalties or any other liabilities: (i) incurred by the Company and/or it data providers, (ii) imposed by local, state or federal authorities or (iii) claimed by any third party which result from or arise out of the Company’s or your failure to fully comply with the provisions of this Agreement or the use of the Information Services provided under this Agreement.
Enforceability. If any part of the Terms of Use & Sale, our Privacy Policy, or our Copyright Policy is found by a judicial or administrative body of competent jurisdiction to be invalid, void, or unenforceable, all remaining parts thereof shall continue in full force and effect without being invalidated in any way.
Independent Contracting Parties. The relationship of the parties shall be that of independently contracting parties. Nothing in this Agreement shall be construed to create any partnership, joint venture, agency or other similar relationship. Neither party shall have the right or authority to create, assume or imply any obligation or responsibility on behalf or in the name of the other party or bind the other party in any manner.
Entire Agreement. These Terms of Use & Sale, Privacy Policy and Copyright Policy will be deemed the final and integrated agreement between you and us on the matters contained therein, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website or any online sales for services hereunder. No employee, agent, or other representative of this Website and Company has any authority to bind the Company with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in this Agreement. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of this Agreement. The provisions of this Agreement shall be severable, and if any provision of this Agreement shall be held or declared to be illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability shall not affect any other provision, and the remained of this Agreement, disregarding such invalid portion, shall continue in full force and effect as though such invalid provision had not been contained in the Agreement.
This website is operated by Company, c/o Antonio C. Castro, Esq., Zumpano Castro, 500 S. Dixie Highway, Suite 302, Coral Gables, Florida 33146.
Legal and communicational support inquiries should be directed to:
Technical support and other communications relating to the Website should be directed to:
Petrafi Inc. (“Company,” “our,” or “we”) respects your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website www.petrafi.com (the “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see ). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Information We Collect About You and How We Collect It. We may collect several types of information from and about users of our Website, including both personal and non-personal information. Personal information includes your name, postal address, e-mail address, passwords, communications, telephone number, social security number, payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile or any other identifier by which you may be contacted online or offline (“personal information”). The non-personal information that we may collect includes your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address. The non-personal information is not used by us to personally identify you and is not readily usable for that purpose.
Information You Provide to Us. The information we may collect on or through our Website may include:
Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through our Website. You may be required to provide financial information such as credit card numbers and other payment information before placing an order for services through our Website or through a third-party website.
Your search queries on the Website.
You also may provide information to be published or displayed (hereinafter, “posted”) on public or private areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Materials”). Your User Materials are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Materials. Therefore, we cannot and do not guarantee that your User Materials will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Recognize you when you return to our Website.
Provide, maintain, evaluate, and improve our Website and the services and products we offer and sell.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Most websites use cookies. We will use cookies to track your use of the Website and the services and products we offer and sell, provide you with a more personalized user experience, and to facilitate your logging in to the Website. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you direct your browser to our Website
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see .
Web Beacons. Pages of our Website, (and perhaps our e-mails) may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to monitor the behavior of the user visiting the Website and to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Third-Party Use of Cookies and Other Tracking Technologies. Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see .
Disclosure of Your Information. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s business assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
To third parties to market their products or services to you. For more information, see .
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms of Use & Sale and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
How We Protect Your Personal Information. We consider protecting the security of your personal information as very important. When you enter sensitive information such as a credit card number and/or social security number on our registration or order forms, we encrypt that information using secure socket layer technology (sometimes referred to as “SSL”).
We follow generally accepted industry standards to protect personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we do not guarantee absolute security. We are not responsible for the unauthorized acts of others and we assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access (such as through hacking) or other acts of third parties, or acts or omissions beyond our reasonable control.
State Privacy Rights. State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
Confirm whether we process their personal information
Access and delete certain personal information
Opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of these rights please email to [info@petrafi.com] or write us at: [10740 NW 89TH AVE, Hialeah Gardens, FL 33018]. To appeal a decision regarding a consumer rights request, you pay also send your appeal request with any documentary support via email to [info@petrafi.com] or write us at: [10740 NW 89TH AVE, Hialeah Gardens, FL 33018].
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [info@petrafi.com] or write us at: [10740 NW 89TH AVE, Hialeah Gardens, FL 33018].
If you are a Nevada resident, Nevada law (NRS § 603A.300 to 603A.360; Nevada SB 220) may provide you with additional rights regarding our use of your personal information. If you are a Nevada resident and seek to stop certain personal information sales, if any, by submitting such request to [info@petrafi.com] or by writing us at: [10740 NW 89TH AVE, Hialeah Gardens, FL 33018].
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
10740 NW 89TH AVE, Hialeah Gardens, FL 33018
Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective
Under federal law, you may be subject to severe civil penalties if you knowingly make a material misrepresentation that online material is infringing. These penalties include court costs and monetary damages, as well as attorneys’ fees. Such attorneys’ fees include those incurred by parties who are injured as a result of Company’s relying on your misrepresentation, such as (a) a copyright owner, (b) a copyright owner’s licensee, or (c) us.
Counter Notification Procedures. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following.
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Disclaimer of Liability. The Website, and its owners, subsidiaries, affiliates, and assignees and their licensors, service providers, employees, agents, officers, insurers, and directors, are not responsible or liable to any third party for the content or accuracy of any information posted by any user of the Website, including, but not limited to, any copyright infringement.
Carrier and Shipper Responsibilities
**Carrier and Shipper Responsibilities**
All users acting as carriers or shippers must comply with applicable federal and state transportation laws, including but not limited to FMCSA regulations. Carriers are solely responsible for the operation, safety, and condition of their vehicles and for any damage, loss, or delay in delivery of transported goods. Shippers must ensure accurate load descriptions and confirm load readiness. The Platform acts solely as an intermediary and assumes no responsibility for the performance or conduct of either party.
DOT Compliance and Regulatory Requirements
**DOT Compliance and Regulatory Requirements**
Users must comply with all applicable U.S. Department of Transportation (DOT) regulations, including those relating to Hours of Service (HOS), drug and alcohol testing, and equipment inspections. Users agree that violation of these requirements is grounds for immediate termination of access to the Platform.
Insurance Requirements
**Insurance Requirements**
All carriers using the Platform must maintain current and valid insurance coverage, including, at minimum, commercial auto liability, cargo insurance, and workers’ compensation, as required by applicable laws and industry standards. Users may be asked to provide proof of insurance upon registration or request.
Cancellation and No-Show Policy
**Cancellation and No-Show Policy**
Cancellations must be made at least 12 hours in advance. Carriers who fail to arrive at scheduled pick-ups without cancellation (“no-show”) may be suspended or deactivated. Shippers who cancel without adequate notice may be charged a cancellation fee. Exceptions may apply for weather or mechanical failure, at the Platform’s discretion
Service Availability and Downtime
**Service Availability and Downtime**
While we strive for continuous availability of the Platform, we do not guarantee uptime. Users acknowledge that occasional maintenance or technical issues may disrupt service. In such events, we will take commercially reasonable efforts to restore access as quickly as possible.
Platform Role and Disclaimers
**Platform Role and Disclaimers**
The Platform serves only as a technology intermediary connecting shippers, brokers and carriers to customers and buyers. We do not guarantee performance, delivery times, or service outcomes and are not a party to any shipping contract. All disputes regarding shipments must be resolved between the buyers and the sellers, and not include the company or its affiliates directly, unless otherwise stated.