TERMS AND CONDITIONS FOR
THE ONLINE SALE OF PRODUCTS AND SERVICES
LAST UPDATED DATE: DECEMBER 1, 2017
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.
These Terms and Conditions (these “Terms“) are entered into by and between You and Alliance Logistics LLC (“Company“, “we“, “us“, or “our”, as the context may require), and apply to the purchase and sale of tangible and intangible goods/products (“products”) or subscriptions or other services (“services”) through www.brandonthefreightbroker.com (the “Site“). These Terms are subject to change by the Company without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” shown above for these Terms on the Site. You should review these Terms prior to purchasing any products or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
By placing an order for products or services from this Site, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms. 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.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.
Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or 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 information and details of the items you have ordered.
Prices and Payment Terms.
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and may be set out in your order confirmation email. Subject to our right to increase the cost of subscription-based services (as noted in the Section entitled “Sale of Subscription Services” below), price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges (if applicable) will be added to your purchasetotal, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however 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.
We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion, and payment must be received by us in the manner specified on the Site before our acceptance of an order. If using a credit card, 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, (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 and handling charges and all applicable taxes, if applicable, regardless of the amount quoted on the Site at the time of your order.
The site may from time to time offer the sale of tangible products (“goods”) to you. We will arrange for shipment of goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are a reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the goods to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Unless a return policy for goods is posted on the Site at the time of your purchase, the sale of all goods on the Site isfinal and non-returnable. However, to the extent a return policy is posted on the Site at the time of your purchase, we will accept a return of any goods pursuant to such return policy. To return goods, you must email our Returns Department at email@example.com before shipping your goods. No returns of any type will be accepted without first emailing us as specified above. You are responsible for all shipping and handling charges on returned goods. You bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on the Site. If you can show that a good shipped by us was in defective condition before being given over to the carrier for shipment to you, we will accept a return of the defective good and provide a replacement to you if available (or refund your purchase price if no replacement is available).
Sale of Subscription Services.
The Site may from time to time offer optional subscription services (or subscription membership programs) for specified users (“Subscription Services”). By selecting a Subscription Service, you agree to pay us the subscription or usage fees indicated for that service on the Site. Payments for subscription services will be charged on the day your Subscription Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that one or more monthly payments (or other periodic payments as specified on the Site at the time of purchase) will continue to be charged to your credit card on a recurring basis until your fee is paid in full (if a finite number of payments are specified at the time of purpose) or you cancel your Subscription Service. The amount of the recurring charge will be the then-current subscription fee applicable to the Subscription Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Subscription Services must be cancelled in writing (by email to firstname.lastname@example.org) at least thirty (30) days prior to your next recurring payment in order to avoid billing of the next Subscription Service recurring payment. Subscription Service fees are not prorated or refundable, unless expressly stated otherwise on the Site.
Refund Policy. Notwithstanding the foregoing, you may cancel any of your Subscription Services for any reason and obtain a full refund of your first payment if you do so by emailing email@example.com within 7 days after the initial purchase. Otherwise, all purchases are final and non-refundable.
If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Subscription Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Subscription Services. You agree to submit any disputes regarding any charge to your account in writing (at the email address above) to us within sixty (60) days after such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Warranty and Disclaimers.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, THE SERVICES, STRATEGIES, INFORMATION, AND/OR PRODUCTS OFFERED ON THE WEBSITE, THROUGH THE MEMBERSHIP/SUBSCRIPTION PROGRAM, AND/OR ELSEWHERE ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS OR ANY SPECIFIC RESULT. THE EDUCATION AND INFORMATION PRESENTED IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC FINANCIAL, LEGAL, PROFESSIONAL, OR OTHER ADVICE TAILORED TO ANY INDIVIDUAL. YOUR PERSONAL LEVEL OF SUCCESS IN ATTAINING THE RESULTS FROM USING OUR WEBSITE’S INFORMATION, STRATEGIES, AND/OR PRODUCTS TOTALLY DEPENDS UPON YOUR OWN INDIVIDUAL CIRCUMSTANCES, THE EFFORT YOU DEVOTE TO YOUR OWN PROFESSIONALSUCCESS, THE IDEAS AND TECHNIQUES USED, YOUR FINANCES, THE VARIOUS STRATEGIES THAT YOUR FINANCIAL, LEGAL, AND OTHER ADVISORS MAY HAVE SUGGESTED THAT YOU IMPLEMENT, YOUR KNOWLEDGE, AND VARIOUS OTHER SKILLS. SINCE THESE FACTORS DIFFER AMONG EACH INDIVIDUAL, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
ANY AND ALL FORWARD-LOOKING STATEMENTS ON THIS WEB SITE, MEMBERSHIP/SUBSCRIPTIONPROGRAM, AND/OR IN ANY OF OUR PRODUCTS ARE INTENDED TO EXPRESS OUR OPINION OF THE SUCCESS OR EARNINGS POTENTIAL THAT SOME PEOPLE MAY ACHIEVE. TO THE EXTENT THAT WE INCLUDED ANY CASE STUDIES OR TESTIMONIALS ON THIS SITE, YOU CAN ASSUME THAT NONE OF THESE STORIES IN ANY WAY REPRESENT THE “AVERAGE” OR “TYPICAL” CUSTOMER EXPERIENCE.
We do not manufacture or control any third-party products or third-party services offered on our Site. The availability of third-party products or services through our Site does not indicate an affiliation with or endorsement of any product, service,manufacturer, or service-provider or business. Accordingly, we do not provide any warranties with respect to the third-party products or services offered on our Site. However, the third-party products and services offered on our Site may be covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in any such manufacturer’s warranty. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A THIRD-PARTYMANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OR THE SALE OF PRODUCTS AND SERVICES TO YOU, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER RELATED TO THE SITE OR OUR PRODUCTS AND/OR SERVICES, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms 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, 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 and Jurisdiction
All matters relating to the Site, the products and/or services on the Site, and these Terms, 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 Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction). Subject to the following section entitled “Dispute Resolution and Binding Arbitration,” any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the City of Gallion, Alabama, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your county of residence if you reside in the United States, or in any permissive jurisdiction if you live outside the United States. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Dispute Resolution and Binding Arbitration.
YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SITE, INCLUDING YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
NO CLASS ACTIONS: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.
You will not assign any of your rights or delegate any of your obligations under these Terms 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.
The failure by us to enforce any right or provision of these Terms 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 a duly authorized representative of our Company.
No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us by email at firstname.lastname@example.org. We may update the email address for notices to us by posting a notice on the Site or by sending you an email. Notices provided to us by email will be effective one business day after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
In the event you or we bring suit or initiate arbitration for any reason relating to these Terms, the products or services sold through our Site, or your use of the Site, the prevailing party in such proceeding shall be entitled to collect from the other party his/her/its reasonable court costs and attorneys’ fees incurred in connection therewith.