This Terms of Service Agreement (the “Agreement”) describes the terms by which Coast 2 Coast Logistics, LLC., doing business as “Truck Quote,” (“TQ”) offers to you, as a Shipper, access to its website www.truckquote.com (the “Site”) and the associated mobile software application platform owned and operated by TQ (“Mobile App”). TQ provides an online and mobile platform (the “Service”) to provide Shippers with instant quotes for the transportation of cargo whereby Shippers can submit for a quote for the transportation of cargo/goods (“Shipment”). Shippers can accept such quotes and the shipment will be contracted with a Carrier to be moved. The Service includes access to all applications, content and downloads offered by TQ, including the Site, Mobile App, and associated user content. TQ does not assess the suitability, legality, regulatory compliance, quality or ability of any Shipper or shipped items scheduled through the use of the Service, and TQ makes no warranty regarding the same.
This Agreement sets forth the terms for use of the Service by Shippers. By creating an account with TQ or by accessing or using the Service, you are accepting this Agreement, on behalf of yourself or the company, entity or organization that you represent, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, on behalf of yourself or the company, entity or organization that you represent. You may not access or use the Service or accept this Agreement if you are not at least 18 years old. Please read this Agreement carefully before using the Service. Use of the Service is conditioned on your agreement to all of the terms and conditions contained in the Agreement, including the policies and terms linked to or otherwise referenced in the Agreement, all of which are hereby incorporated into the Agreement.
Coast 2 Coast Logistics, LLC is a federally licensed freight broker as defined by 49 USC §13102(2) under authority granted by the Federal Motor Carrier Safety Administration (“FMCSA”) of the U.S. Department of Transportation. TQ’s sole obligation is to arrange transportation of cargo by a Carrier that is appropriate and authorized to operate by all applicable governmental agencies. As a freight broker, TQ does not take possession, custody or control of any cargo. TQ does not assume any liability, possessory rights or obligations, and assumes no financial responsibility whatsoever, for cargo, including loss, theft, damage or delayed delivery thereof. TQ offers a platform to Shippers to receive instant quotes and does not provide actual transportation services or act in any way as a Carrier. Coast 2 Coast Logistics, LLC., provides transportation services, which may be scheduled through the use of the Service.
A User is any entity which accesses or uses the Service, and may be a Carrier or a Shipper.
You, as a Shipper, are defined by 49 USC §13102(13), and warrant that you own, possess, or otherwise have rights to transport cargo you seek to ship by way of the Service.
User Content means any and all information, data, textual, audio, and/or visual content, commentary and feedback related to the Service, ratings, reviews and other content that a User submits to, or uses with, the Service. User Content includes the information provided in a Shipment request or acceptance. (a) TQ and you are independent contractors, and except to the extent required by law, no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
TQ provides a platform via the Mobile App and Website (defined above as the “Service”) through which you may submit requests for instant quotes. You must provide the following information as part of requesting a quote: (a) The origin and destination addresses for the Shipment; (b) The requested date for pickup of the Shipment; (c) A description of the cargo being transported as part of the Shipment (including weight and feet); (d) The specific equipment requirements; and (e) Any other information necessary for the safe and proper transportation of the cargo. TQ is not responsible for any Shipment terms entered into between you and any Carrier. You may only cancel a Shipment if your load has not yet been covered, this can only be performed by contacting TQ directly. Once a Shipper Request Pickup for an order, TQ will notify you that the Shipment has been confirmed. TQ does not guarantee that a Shipment will be accepted for haul.
This Agreement shall be deemed executed in the State of Oregon and shall be interpreted, in the event of a dispute arising hereunder, under the laws of Oregon without regard to its conflicts of laws provisions. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
During the term of this Agreement, and for a period of one (1) year from its termination, you shall neither initiate nor accept any direct or indirect business relationship with any Carrier to which you are first introduced by the Service, or in connection with use of the Service. You understand that any such Carrier will offer and provide transportation services to it exclusively through the Service unless otherwise agreed by the parties in writing. Your obligation in this regard extends to instances where the Carrier contacts you and seeks to establish a business relationship that does not include TQ. This provision shall continue in force beyond termination of this Agreement for one (1) year subsequent to termination. If you book or otherwise makes available any direct or indirect business relationship with any Carrier that was first introduced to you by TQ in violation of this Agreement, you shall be jointly and severally liable with the Carrier to TQ for each such violation in an amount equal to twenty percent (20%) of all revenues invoiced by Carrier to you.
For each Shipment, you will pay TQ the freight charge quoted to you upon acceptance of the applicable Shipment on the Service (“freight charge”), as well as any additional charges you may incur related to the Shipment. Freight charges may include, but are not limited to, detention time which may be charged, by way of example, for time beyond 3 hours at each location for all trucks, overnight storage due to your not being available or able to receive the Shipment from Carrier, any differences between costs for the actual Shipment and the description of the Shipment created on the Service. At the time in which the user selects ‘pay now’ an authorized hold will be placed on the credit card for the quoted amount. Once the shipment has been loaded on the carrier, the authorized payment will process. TQ may change pricing for the Service (from time to time at its sole discretion) by updating the Site and Mobile App and without notice to Users. When it receives full payment of a freight charge (including all surcharges and accessorial charges), TQ shall display a completed charge receipt within your account once the shipment has been delivered. This is your electronic receipt, and you should print or save it for your records. All freight charges are completely and entirely separate from any cargo claim and will need to be addressed as such. You warrant that you have the right to use any credit card(s), checks, or other payment means provided to TQ and used to initiate payment of any freight charge. All information you provide to TQ’s third-party payment processor or to TQ must be accurate, current and complete. You agree to immediately notify TQ of any change in your billing address or the credit card or bank account used for payment hereunder. You agree not to circumvent payments for scheduled or completed Shipments in any way. All payments shall be in United States dollars. Any amount that is not paid when due will accrue interest at twelve percent (12%) per annum or the maximum rate permitted by applicable law, whichever is less, from the due date until paid. In the event TQ is unable to collect all charges from you due to insufficient funds, you shall be liable for all costs and expenses incurred by TQ in connection with collection of the freight charge, including costs and expenses of a third-party collection agency and attorneys’ fees. Freight charges are non-refundable.
By TQ’s Terms & Conditions applicable to Carrier, Carriers whose services are engaged hereunder are instructed to issue bills of lading to their Shippers as required by 49 USC §14706(a)(1), and to provide copies of those bills of lading to the Service. Carriers are instructed not to name TQ as either a shipper or consignee on any bill of lading. Once a Shipment is completed, the Carrier is instructed to submit to the Service a proof of delivery signed by the authorized recipient. As a value added service to you, but not as any legal or contractual obligation, TQ may provide you and Carriers with trouble shooting, tracking, inquiry, and other services. In order to do so, however, TQ must have access to the bill of lading a Carrier issues to you for the subject Shipment. In the event a Carrier fails to provide a bill of lading to the Service, we may request that you provide it yourself, or otherwise make it available to TQ.
By TQ’s Terms & Conditions applicable to Carriers, TQ instructs Carriers to provide to the Service a proof of delivery signed by the consignee once Shipments are completed, and send you any questions or concerns regarding the Shipment.
Representations And Warranties You hereby represent and warrant as follows: (a) You will not use the Service to ship hazardous materials; (b) You own the shipped cargo or have all necessary rights to ship it; (c) You agree that TQ will not be liable for loss, damage, theft, destruction, or delayed delivery of any cargo; (d) You are solely responsible for obtaining any first-party insurance to cover any anticipated losses of cargo; and (e) Your requested pick-up date will not require a Carrier to violate hours of service regulations under applicable law and could take up to 3 business days from proposed date to ship.
You shall disclose to TQ all information reasonably necessary for TQ to arrange transportation in compliance with applicable regulatory, legal and industry standards. You shall also be responsible and liable for providing accurate description of cargo including without limitation commodity type, dimensions and weight, and any special handling requirements
household goods, hazardous materials, dangerous goods, chemicals, commodities of extraordinary or unusual value, illegal goods, firearms, explosives, radioactive materials, flammable gases and solids, toxic substances, ammunition, glass and glazing products, livestock, international shipments (i.e. those having an origin or destination outside of the United States), boats and mobile homes, tobacco, trash Anyone who sends, or attempts to send, hazardous or restricted material can be subject to legal penalties (i.e., fines and/or imprisonment), including but not limited to those specified in 18 U.S.C. Please refer to Coast 2 Coast Logistics, LLC for any oversize or overweight loads requiring special highway permits and/or escorts at email@example.com.
TQ reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that TQ will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
You shall bear the maximum responsibility allowed by law to review and accept or decline the Carrier’s trailer for cleanliness, odor, leaks, dirt or other conditions that may be unacceptable to you. If a trailer or any equipment is unacceptable, it is your responsibility to refuse loading of the trailer. In such event, you may notify TQ immediately and request alternative arrangements. You should ensure in coordination with Carrier that adequate blocking, bracing and packaging for the safe stowage of cargo is used. You acknowledge that TQ will never be in possession of any cargo being transported in connection with use of the Service, and that TQ will not be responsible or have any role in the securement of cargo for transportation.
You are advised for informational purposes that a Carrier’s liability for lost, destroyed damaged or delayed cargo in interstate and international transit generally is defined by 14 USC §14706 (referred to as “the Carmack Amendment”) and by comparable state common law for intrastate transit. A Carrier may impose time limits for filing of loss and damage claims, as well as for filing any action at law for cargo loss or damage as provided by 49 USC §14706. We recommend you consult with a qualified attorney regarding any action you might wish to pursue against a Carrier based on lost, damaged, delayed or destroyed cargo. Should you wish TQ’s assistance with or other participation in any claim for lost, damaged, delayed or destroyed cargo, you should file with TQ its written notice of claim to Carrier. TQ may facilitate processing of cargo claims; PROVIDED, however, you understand and agree that, notwithstanding TQ’s participation in or assistance with any cargo claim, TQ is not liable for any cargo loss which was not proximately caused by TQ’s own wrongdoing.
TQ agrees to maintain, at its own expense, at all times, at least the following insurance coverage amounts: General Liability: $2,000,000 Contingent Auto Liability: $2,000,000 Contingent Cargo Liability: $250,000 Upon request, TQ may procure insurance coverage amounts that exceed these limits, and the evidence of such coverage shall be in the form of an insurance certificate provided to you on request. TQ’s maximum liability to you or Carrier for any loss shall be limited to TQ’s insurance policy terms and conditions and the dollar amounts for coverage herein below. TQ’s contingent cargo insurance is subject to the terms, conditions and certain limitations and/or exclusions as contained in the policy, and the terms, conditions and requirements as outlined within this Agreement, which are subject to change at any time. The existence of TQ’s contingent cargo insurance in no way shifts or places any legal or contractual liability on TQ, nor does it exonerate the Carrier’s duties and liabilities under the 49 USC §14706 or this Agreement.
You shall not insert “TQ” or “Coast 2 Coast Logistics, LLC” on any receipt, bill of lading, manifest, or other shipping document. In the event you do so, such insertion shall be deemed to be for your convenience, or due to your oversight, and shall not operate to alter TQ’s status as a Broker, or the Carrier’s status as the responsible Carrier. The provisions set forth in any shipping document used by a Carrier or you shall not supersede, alter, or modify any term of this Agreement or add any liability or responsibility to TQ.
TQ establishes and follows written procedures to evaluate Carriers prior to their use by TQ. TQ continues to evaluate certain Carriers at certain intervals, as set forth by TQ’s internal risk management and Carrier selection policies, which may be amended from time to time with or without notice to Carriers or Shippers. Safety ratings and insurance on all carriers are monitored on a regular basis. TQ is not responsible in any way for the acts and/or omissions of Carriers or their drivers.
In order to use certain features of the Service, you must create an account with TQ (“Account”) and provide certain information as prompted by the sign up and Shipment creation steps. You represent and warrant that: (a) all required sign up information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login credentials and are fully responsible for all activities that occur under your Account. You agree to immediately notify TQ of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. TQ is not liable for any loss or damage arising from your failure to comply with the above requirements.
TQ owns the Mobile App and all intellectual property therein. Subject to the terms of this Agreement, TQ grants you a limited, non-transferable, non-exclusive, revocable license to install and use the Mobile App, in executable object code format only, solely on your own handheld mobile device and for your internal business use during the term of this Agreement.
TQ owns the Site and all intellectual property therein. Subject to the terms of this Agreement, TQ grants you a limited, non-transferable, non-exclusive, revocable license to use the Site for your internal business use during the term of this Agreement.
Users may contact TQ’s Support Team for any support-related issues arising from the use of the Service by following the instructions on the Service.
The rights granted to you in this Agreement are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) You shall not access the Service in order to build a similar or competitive service; and (d) Except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
TQ owns intellectual property rights in and to the Service, including but not limited to the Site, Mobile App, including all related software and servers, in and to TQ’s trademarks, service marks, trade names, logos, domain names, taglines and trade dress (collectively, the “Marks”). Users acknowledge and agree that TQ owns all right, title, and interest in and to the Service, including all intellectual property rights therein. Users understand and agree that without a written license agreement with TQ. Users may not make any use of the Marks. Except as expressly granted in this Agreement, all rights, title and interest in and to the Service, and in and to the Marks are reserved by Coast 2 Coast Logistics, LLC
You agree not to use the Service to upload, transmit, display, or distribute any User Content that: (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way. In addition, you agree not to use the Service to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Service, other computer systems or networks connected to or used together with the Service, through password mining or other means; (f) harass or interfere with another User’s use and enjoyment of the Service; or (g) introduce software or automated agents or scripts to the Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Service. TQ reserves the right to review any User Content, investigate, and /or take appropriate action against you in its sole discretion, including removing or modifying User Content, terminating your Account, and/or reporting you to law enforcement authorities. However, TQ has no obligation, to monitor, modify or remove any User Content.
You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate any provision of this Agreement. For the avoidance of doubt, User Content may include third party content you submit. You agree not to submit third party content unless you have the consent of the applicable third party owner of such content. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by TQ. You acknowledge and agree that TQ is not responsible for any loss or damage resulting from anyone’s use or reliance on User Content and TQ makes no guarantees regarding the accuracy, completeness, usefulness currency, suitability, or quality of any User Content, and assumes no responsibility for any User Content.
You hereby grant, and represent and warrant that you have the right to grant, to TQ an irrevocable, nonexclusive, royalty-free and fully paid, sublicenseable, worldwide license, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels, now known or hereafter devised (including in connection with the Services and TQ's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. All rights in and to the User Content not expressly granted to TQ in this Agreement are reserved by Users.
TQ may create anonymous data records (“Anonymous Data”) from your User Content by using commercially reasonable efforts to exclude any and all information (such as company name) that makes the data identifiable to you. TQ may use and disclose Anonymous Data for any purpose, including improving the Service.
TQ may share your User Content (a) with third party service providers; (b) if another company acquires TQ; and/or (c) to comply with relevant laws, to respond to subpoenas or warrants or assist in preventing any violation or potential violation of the law or this Agreement.
The Service might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites”). Such Third Party Sites are not under the control of TQ and TQ is not responsible for any Third Party Sites. TQ does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites.
Location data provided by the Service is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage, or other loss. Neither TQ, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services, whether provided by TQ, third party content providers, or Users. Geolocational data that You upload, provide, or post on the Services may be accessible to certain Users of the Services. You assume any and all risk of providing such data to our Service.
You agree to defend, indemnify and hold TQ (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your (i) use of the Service, (ii) User Content, (iii) interaction with any other User, (iv) violation of this Agreement; (v) violation of applicable laws or regulations; or (vi) your shipment. TQ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without TQ’s prior written consent. TQ will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
In the event of a dispute arising out of this Agreement related to claims by or against TQ, a party’s recourse shall be exclusively settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act. The arbitration shall be conducted before one arbitrator from the Transportation ADR Council, Inc. (“TAC”). Arbitration proceedings shall be conducted under the rules of the TAC. Upon agreement of the parties, arbitration proceedings may be conducted outside of the administrative control of the TAC. The decision of the arbitrator shall be binding and final and the award of the arbitrator may be entered as judgment in any court of competent jurisdiction. The prevailing party shall be entitled to recovery of costs, expenses and reasonable attorney fees as well as those incurred in any action for injunctive relief, or in the event further legal action is taken to enforce the award of the arbitrator. Arbitration proceedings shall be conducted in Jackson County, Oregon, or at such place as mutually agreed upon in writing by the parties. At any time, either party may apply to a court of competent jurisdiction in Jackson County, Oregon for injunctive or other equitable relief. In the event that either party is granted equitable relief, the party against whom judgment is entered shall be liable for all costs and expenses incurred by the prevailing party including, but not limited to, reasonable attorney fees. This paragraph shall not apply to enforcement of an award of arbitration. The parties may also proceed in Small Claims Court in Jackson County, Oregon to resolve any dispute where reasonably expected damages are less than $5,000. Unless preempted or controlled by federal law and regulations, this agreement shall be interpreted and enforced according to the laws of the State of Oregon. This paragraph does not apply to claims you may have against Carrier.
(a) TQ respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to TQ’s Support Team at support@Truckquote.com; (b) A description of the copyrighted work that you claim has been infringed, including specific location on the Services where the material you claim is infringing is located. Include enough information to allow TQ to locate the material, and explain why you think an infringement has taken place; (c) A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; (d) Your address, telephone number, and e-mail 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; (f) A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (g) An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
This Agreement will remain in full force and effect while you use the Service. TQ may at any time terminate this Agreement in its sole discretion if (a) you have breached any provision of this Agreement (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with this Agreement); (b) TQ is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); (c) TQ has elected to discontinue the Service; or (d) for your poor performance as a Shipper in TQ’s sole discretion. Upon termination of this Agreement, your Account and right to access and use the Service will terminate immediately.
This Agreement is subject to occasional revision by TQ. In the event of any material changes made to the Agreement, TQ will notify you by electronic mail, or other means of communication, before your next use of the changes on the Service. Any changes to this agreement will be effective upon the earlier of (a) the date you accept the new terms or (b) thirty (30) calendar days following your receipt of the notice of the changes. These changes will be effective immediately for new Users of the Service. Continued use of the Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
This Agreement constitutes the entire agreement between you and us regarding the use of the Service. TQ’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement may be executed in counterparts.
This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without TQ’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
In the event that the operation of any portion of this Agreement results in a violation of any law, or if any provision herein is determined by a court of competent jurisdiction to be invalid or unenforceable, Shipper and TQ agree that such portion or provision shall be severable and that the remaining provisions herein shall continue in full force and effect. The terms and conditions set forth herein shall survive the termination of this Agreement.
All notices as required by any of the terms and conditions of this Agreement shall be deemed given with the notices prepared, adequately addressed and deposited in the United States mail, postage prepaid. Notices to TQ are adequately addressed as follows: Coast 2 Coast Logistics, LLC 4003 Crate Lake Hwy Medford, OR Phone: (541)-646-7075 Fax: (541)-326-0532 Email: firstname.lastname@example.org
TQ has your permission to identify you as a customer of TQ or user of our Services and to reproduce your name and logo on the Site and in any other marketing materials. If you provide TQ any feedback, suggestions, or other information or ideas regarding the Service (“Feedback”), you hereby assign to TQ all rights in the Feedback and agree that TQ has the right to use such Feedback and related information in any manner it deems appropriate. TQ will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to TQ any information or ideas that you consider to be confidential or proprietary.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TQ EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TQ MAKES NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE; OR (D) RESULT IN ANY REVENUE, PROFITS, OR COST REDUCTION. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TQ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. TQ'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH OTHER USERS, BUT YOU AGREE THAT TQ HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE SERVICES OR ANY TRANSPORTATION SERVICES COORDINATED OR OFFERED OR PURCHASED BY YOU THROUGH THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. YOU ASSUME ALL LIABILITY AND RISK OF USING THE SERVICES AND COORDINATING AND/OR OFFERING TRANSPORTATION SERVICES. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SITE OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS, OR “HACKERS”). TQ ONLY OFFERS TECHNOLOGY THAT ENABLES USERS TO RECEIVE INSTANT QUOTES AND SET UP LOADS TO BE TRANSPORTED. TQ IS NOT A CARRIER. WE ARE NOT INVOLVED IN THE ACTUAL TRANSPORTATION OF CARGO. AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY OR SAFETY OF ANY VEHICLE, CARGO OR OF THE TRANSPORTATION THAT OCCURS AS A RESULT OF THIS SERVICE; NOR DO WE HAVE ANY CONTROL OVER THE TRUTH OR ACCURACY OF USERS' INFORMATION LISTED ON TQ. WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT, SOFTWARE AND OTHER ITEMS USED OR CONTAINED IN THE SERVICES AT ANY TIME WITHOUT NOTICE. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. TQ ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. TQ IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A USER'S OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICES.
TQ SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TQ SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER OR ANY THIRD PARTY. TQ SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TQ'S REASONABLE CONTROL. IN NO EVENT SHALL TQ'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500.00). THE LIMITATIONS AND DISCLAIMER IN SECTIONS 18.7 AND 18.8 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THE ASSUMPTION OF RISK AND LIMITATION OF LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TQ AND YOU.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. If you have any questions about this Agreement, please contact TQ at email@example.com
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