1.            Acceptance of Agreement.

2.            Copyright.

3.            Service Marks.

4.            Limited License; Permitted Uses.

5.            Restrictions and Prohibitions on Use.

6.            Bills of Lading.

7.            Document Preparation.

The Customer is required to use the Site’s system generated Bill of Lading. If the Customer does not complete all the documents required for carriage, or if the documents which they submit are not appropriate for the services, pick up or destination requested, the Customer hereby instructs the Site Owner, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, the Site Owner is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and the Site Owner completes that document, the terms of this Bill of Lading will govern. The Site Owner is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.

8.            Linking to the Site.

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

9.            Advertisers.

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws.  We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

10.          Registration.

Certain sections of, or offerings from, the Site may require you to register.  If registration is requested, you agree to provide us with accurate, complete registration information.  Your registration must be done using your real name and accurate information.  Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network.  You are responsible for preventing such unauthorized use.

11.          Errors, Corrections and Changes.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable.  We may make changes to the features, functionality or content of the Site at any time.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

12.          Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site.  We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site.  You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

13.          Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

14.          Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

15.          Nontransferable.

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

16.          Disclaimer.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

     ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

17.          Limitation of Liability.

(A)  We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any  services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.

(B)  THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

18.          Shipment Claims.

The Site Owner will act as the primary point of contact for claims.  All claims should be submitted immediately to the Site Owner at customerservice@clickshipngo.com or to the Site Owner's designated account executive. The Site Owner will use commercially reasonable efforts to assist and cooperate with Customer to investigate and process any freight loss or damage claims and any claim for damage to our customer's property occurring in the course of the transportation services rendered to such Customer. The liability for any cargo damage, loss, or theft from any cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706.

The individual carrier's governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. Those Tariffs can be viewed at the Site Owner's corporate offices. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage. The Site Owner's liability for loss, delay or damage to shipper's goods extends only to the insurance coverage provided by its contingent cargo insurance. While the Site Owner carries such contingent cargo insurance, the maximum amount that Customer will receive on a claim will be that that which is recoverable under the respective transportation tariffs. The Site Owner will not be responsible in any way for claims arising out of Customer negligence.  The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order for a carrier to process a claim. Customer may not offset freight or other charges owed to Site Owner against claims for any loss, damage, mis-delivery or non-delivery. The Site Owner has a lien on funds recovered through the processing of damage claims and reserves the right to apply recovery amounts to open past due invoices on account.

The Site does offer for purchase by the Customer, upon request, shipper's interest cargo insurance. Additional terms and conditions apply when choosing this insurance coverage and are defined on the ‘Shippers_Interest_Insurance_Coverage.php’ web page.

19.          Carrier Rates.

LTL Rates
Rates for LTL freight are determined by class (as determined by the National Motor Freight Classification), weight, pick up and destination zip codes, and any additional services requested, such as lift gate and inside service. All transit times are estimates only and do not include day of pickup. LTL pickup dates are not guaranteed.

For LTL shipments, it is the user's responsibility to enter the correct freight class. Failure to do so may result in additional charges due to a carrier re-classification. The user is responsibile for additional charges incurred pertaining to re-classifications.

Truckload Rates (includes partial loads, volume quotes, and dedicated flatbeds and truckloads)
Truckload rates are based on origin and destination zip codes, are mileage based, and dependent on any load and unload fees. Unless explicitly specified otherwise, all truckload rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload. Full truckload shipments include two hours of detention time at pickup and delivery.

Flatbed rates are based on equipment type, weight, origin and destination zip codes, are mileage based, and dependent on any load and unload fees. All flatbed rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload. If a flatbed shipment contains oversize freight, additional charges and transit days may apply.

Air Freight Rates
Air freight rates are based on actual and dimensional weight.

International Shipments
International shipments are subject to random inspections by Customs. Customs and the carrier may assess additional charges for shipments that are inspected, including loading, unloading, and inspection fees. The User acknowledges that these additional fees are unknown in advance, and are the User’s responsibility to be paid.

All displayed transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed.

Additional fees may be incurred for other charges including appointment delivery, reweighs and reclassifications, liftgate services, inside delivery or various other accessorial services.

20.          Rate Quotes & Carrier Adjustments.

Rates and product/service quotations by the Web Site will be based upon information provided by Seller and/or Customer. Final rates and service may vary based upon the shipment actually tendered. The Web Site will not be liable for, nor will any adjustment, refund or credit be made, as a result of any discrepancy in the rate or service quotation made prior to the actual tender of the shipment with what appears on the Service Order or invoice, unless the rate or service applied at the time of the original Service Order or invoice is inconsistent with the shipment actually tendered.  Invoice adjustments may be sent to the Customer if the shipment actually tendered differs in weight, dimensions, or classification from the information entered into the Web Site by the Customer.

In the event a carrier re-weighs, re-measures, re-classifies, or states additional services were provided beyond what was originally quoted that will increase the total shipment charges from the amount originally quoted, ClickShipNGO will provide 24 hour notice to the User of the carrier's position. If within 24 hours of receiving notice, the User cannot provide supporting documentation in the form of manufacturing specifications, or a weight certificate that disputes the carrier’s position, the User agrees to pay the appropriate adjustment. The adjustment, which may include a service fee of up to $100, will be calculated using the same rating basis that was used during the original quote, using the carrier’s weight, carrier’s measurement, and / or the carrier’s classification of the freight .

21.          LTL Guaranteed Services.

Guaranteed LTL Services are inclusive of transit times only as noted by the carrier selected. Guaranteed Service transit times do not include holiday and /or no service days as defined by the individual carrier. Pickup times and dates are not guaranteed.  Pickup Day is not included in the calculation of LTL transit time. In the event of carrier failure to comply with the guaranteed service requested, the Customer is permitted ten (10) business days from the actual delivery date of shipment to file a service failure claim request in writing with the Site Owner. If the Site Owner does not receive a claim request within the allowable ten (10) business days, the service provided by the LTL carrier will be deemed to have met all guaranteed service standards and the claim request will automatically be considered invalid and denied. In the event of carrier failure to comply with the guaranteed service requested and after the carrier has agreed to liability, the Site Owner will credit the account of the said Customer. In no event shall the Site Owner be liable nor will any account be credited if the Customer does not use the Site Owner's Bill of Lading.

22.          Right to Refuse Services.

The Site reserves the right to reject any request for shipping in its sole discretion. Without limitation, any shipment containing any item that is considered a restricted article or hazardous material by the Department of Transportation (DOT), International Air Transport Association (IATA), or the International Civil Aviation Site Owner (ICAO), will not be shipped by the Web Site. Shipments containing items that cannot be transported legally or safely, include, but are not limited to:

* Animals

* Plants

* Chemicals

* Perishables

* Currency

* Precious Metals

* Explosives

* Precious Stones

* Liquor

* Negotiable Items in Bearer Form

23.          Seller/Customer Release of Liability.

The Web Site shall not be held liable by Seller and/or Customer for the following:

a. Accuracy of item description, its contents, or its condition.

b. Any damages, injury or anything else either directly or indirectly caused by the use and/or application of the item being exchanged.

c. Any other limit of liability related to the item being shipped.

24.          Obligations of Seller and Customer.

In addition to all other obligations set forth in any Service Order, Seller and Customer represents and warrants to Site Owner as follows: (a) all items to be shipped will be completely and accurately marked to enable identification of the contents without opening any shipping or storage containers; (b) Seller and Customer will make every effort to accurately measure the dimensions and weights of all items and understands that the Web Site rate depends upon the accuracy of this information (c) Seller or Customer's authorized representative(s) shall be identified to Site Owner’s agent or coordinator and shall be available at all times at the point of origination to sign, and shall sign, all documents evidencing pick-up of the items to be shipped Site Owner; and (d) Seller or Customer is the legally documented owner of all property received by Site Owner, and/or is authorized to cause such property to be stored and otherwise controlled by Site Owner on as provided in the applicable Service Order.

25.          Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

26.          Web Site Privacy Policy.

You agree to the terms of the Web Site privacy statement, which can be found thru the link at the bottom of the page labeled ‘Privacy statement’.  With respect to any individual whose personal information is provided by You to the Web Site, You represent to Site Owner that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

27.          Payments.

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.  For Customers granted credit by the Site, charges are due and payable fourteen (14) days from the date of billing.  Past due payments will be subject to an additional charge at the rate of 1% per month of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less. All payments received by the Site Owner will be applied to the oldest invoiced shipment that is unpaid. 

All payments shall be made pursuant to the terms of the pricing and other information relating to the service. By agreeing to these Terms and Conditions, you are authorizing and directing Traffic-Tron LLC to automatically charge any amounts payable by you in connection with your use of ClickShipNGo.com to the credit card you provided for payment. You also acknowledge that credit card payments are processed by PayPal not Traffic-Tron LLC. Traffic-Tron LLC does not retain credit card information under any circumstance. By using this service, you agree to the Legal Agreements set forth by PayPal, which can be found at the bottom of www.paypal.com.

All Customers are subject to credit approval. The Site Owner intends to perform a credit check based on the information provided at the time of enrollment by the Customer. The amount of credit, if any, granted to the Customer is at the sole discretion of the Site Owner. When paying by credit card or electronic funds, the Customer agrees they will be responsible for all charges payable, including any adjustments, on account of such Customer's shipment. These charges and adjustments, if any, will be automatically debited to the Customer's credit card or bank account. The Customer shall be liable, jointly and severally, for all charges payable on account of such Customer's shipment, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the carrier(s) after the shipment, and all duties, customs assessments, governmental penalties and fines, taxes, and Site Owner's attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. Unless otherwise agreed, Brokers scheduling shipments for clients shall be liable, jointly and severally, for all charges payable on account of such client's shipment. The Site Owner shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. The Site Owner reserves the right to amend or adjust the original quoted amount or re-invoice the Customer if the original quoted amount was based upon incorrect information provided at the time of the original quote or if additional services by the carrier were required or otherwise authorized by the Customer to perform the pick up, transportation and delivery functions therein. Customer is permitted thirty (30) business days from the date of the invoice to dispute any invoiced charges. If the Site Owner does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by the Site Owner. Seller or Customer will pay Site Owner via electronic payment service or as otherwise designated by Site Owner in its sole and absolute discretion. All applicable terms and conditions as set forth by the electronic payment service or any other payment mechanism as specified by Site Owner shall apply.

28.          Cancellation of Service.

Customer may request cancellation of service at any time after the original date of dispatch. Excluding truckload, flatbed, volume, and or partial loads, if the Customer elects to cancel the service, a 15% cancellation fee, plus any carrier transportation fees will apply. For cancellation of truckload, flatbed, volume, and or partial loads, please see item #19.

29.          Customer's and Warehouseman's Lien.

Seller and Customer acknowledge that Site Owner and its subcontractors have both a carrier's and warehouseman's general lien on all of the tangible personal property being handled pursuant to any Service Order. This lien may be enforced by Site Owner and its subcontractors at any time at either a public or private sale with or without a judicial hearing. Customer also grants Site Owner a security interest in the tangible personal property being handled under any Service Order until Customer has fully satisfied all liabilities, whenever occurring, owed to Site Owner. Site Owner is authorized to file financing statements under the Uniform Commercial Code covering any such tangible personal property without Customer's signature, and Site Owner shall have all the rights and remedies of a secured party under the Uniform Commercial Code.

30.          Links to other Web Sites.

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

31.          Copyrights and Copyright Agents.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

a.            An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b.            A description of the copyrighted work that you claim has been infringed;

c.             A description of where the material that you claim is infringing is located on the Site;

d.            Your address, telephone number, and email address;

e.            A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f.             A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to customerservice@clickshipngo.com.

32.          Information and Press Releases.

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

33.          Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

34.          Miscellaneous.

This Agreement shall be treated as though it were executed and performed in Medford, New Jersey, and shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.

35.          Arbitration. 

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in Medford, New Jersey, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Medford, New Jersey necessary to protect the rights or property of you and us pending the completion of arbitration.  Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

36.          Carrier Rules. 

In every instance, the General Rules Tariff of the participating Site Carriers will take precedence over the Site’s Terms and Conditions. The Site’s Terms and Conditions shall control if not expressly defined in the Carrier’s General Rules Tariff. Limitations of Liability shall be determined by the chosen Carrier’s General Rules Tariff.

37.          User Obligations.

The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. Customer further warrants that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to hazardous materials, 49 C.F.R. #172.701-704, and 49 C.F.R. #172.800-804. Customer further warrants that it will immediately advise Site Owner in the event that its registration and/or compliance with these regulations expires or are terminated. The Customer agrees to furnish such information and documentation as necessary to establish its compliance with such laws, rules and regulations. The Site Owner assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer. Customer agrees to indemnify Site Owner for any and all claims or damages incurred as a result of Customer's failure to comply with the provisions of this provision.