Welcome to the website of the Target Freight Management, Inc., a Pennsylvania corporation, and its affiliated companies and wholly-owned subsidiaries (collectively, “TFM”). Whether you are a guest or a registered user, you are being allowed to access and use TFM’s website (www.targetfmi.com), including any content, functionality and services offered on or through it (collectively, the “Web Site”), pursuant to the following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms”). Please read these Terms carefully.

NOTE: The Terms set forth herein contain disclaimers of warranties and liabilities and limitation of damages and remedies. Please read the Terms carefully before you start to view or use the Web Site. By accessing, submitting information, using or otherwise viewing the Web Site, you accept and agree to be bound and abide by these Terms.

Effective Date

These Terms were last updated on April 4, 2014.

Agreement and Acceptance of Terms

By accessing, submitting information, using or otherwise viewing the Web Site, you accept and agree to be bound and abide by not only the Terms, but also TFM’s Privacy Policy (posted separately at /privacy_policy.aspx), TFM’s Freight Management Agreement (posted separated at /freight_mgmt_agreement.aspx), and all disclaimers and other terms and conditions that appear elsewhere on this Web Site, if any. You further acknowledge that the Terms, TFM’s Privacy Policy, TFM’s Freight Management Agreement and all disclaimers and terms and conditions that appear elsewhere on this Web Site, if any, are supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to access, submit information, use and/or otherwise view the Web Site.

As a user. you represent and warrant that you have the individual capacity to be bound by the Terms, TFM’s Privacy Policy, TFM’s Freight Management Agreement and all disclaimers and terms and conditions that appear elsewhere on this Web Site, if any. Also, if you are acting on behalf of a company or other entity, you represent and warrant that you have the express and/or implied authority to bind such company or entity to the Terms, TFM’s Privacy Policy, TFM’s Freight Management Agreement and all disclaimers and terms and conditions that appear elsewhere on this Web Site, if any.

In order to determine your compliance with the Terms, TFM may monitor your access and use of the Web Site. If you do not agree to the Terms, the Privacy Policy and all other disclaimers, terms and conditions that appear in this Web Site, then you should not access, submit information, use or otherwise view this Web Site and you should immediately discontinue all such actions.

Privacy

Your use of this Web Site is subject to TFM’s Privacy Policy which is posted separately and referred to and incorporated herein by reference. Please review the Privacy Policy to understand our policies and practices.

Consent to Electronic Communications

When you use this Web Site, send e-mail messages to us, complete the “Contact Us” form or post messages on the Web Site’s blog, you are communicating electronically with TFM. You consent to receive communications electronically from TFM. TFM will communicate with you by e-mail message or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that TFM provides to you electronically satisfy any legal requirement that such communications be in writing.

This Site is Not For Use by Minors

This Web Site is directed to and intended to be accessed and used only by adults and not by children or minors (which are defined to be individuals who are under the age of thirteen (13) years old). As stated in its Privacy Policy, TFM does not knowingly collect Personally Identifiable Information of children. You should not use this Web Site or provide TFM with any information regarding yourself if you are under the age of 13. TFM reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders to anyone who is under the age of 13.

Copyright, Trademarks and Other Proprietary Rights

© Copyright 2009-2016 Target Freight Management, Inc. All rights reserved.

The Web Site’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks and/or trade dress of TFM in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior written permission from an authorized representative of TFM, which permission may be withheld in TFM’s sole discretion. Under no circumstances may the Proprietary Marks be used in connection with any product or service that is not TFM, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TFM. All other trademarks not owned by TFM that appear on this Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TFM. TFM makes no proprietary claim to any third-party names, trademarks or service marks appearing on this Web Site.

 

All information, advice, data, software and content viewable or included on, contained in, comprising or compiled on, or downloadable from this Web Site including without limitation typefaces, text, logos, button icons, graphics, charts, images, photographs, pictures, line art, renditions, videos, audio clips, digital downloads and other material (collectively, “Content”) are the property of TFM or its Content suppliers and are copyrighted by, or otherwise licensed to TFM or its content suppliers. Also, all Content is copyrighted as a collective work under the U.S. and international copyright laws, and TFM owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, compilation and enhancement of all Content (the “Collective Work”). All software used on the Site (the “Software”) is the property of TFM or its Software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The logos and other trademarks on this Web Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by TFM and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

You shall be solely responsible for any damage resulting from your infringement of TFM’s or any third party’s intellectual property rights regarding the Proprietary Marks, the Content, the Collective Work, the Software and/or any other harm incurred by TFM as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the these Terms.

License and Site Access; Prohibited Uses

TFM grants you a limited license to access and make personal use of this Web Site, the Content and the Collective Work, including the printing and/or downloading of the Content and the Collective Work in the form of one machine-readable copy, one back-up copy, and one print copy, all for your non-commercial use. Your license and access is limited because you must retain and shall not delete all copyright, trademark and other proprietary notices or materials with regard to this Web Site, the Content and the Collective Work. Also, you may not do any of the following prohibited acts or activities:

  • Modify or alter this Web Site, the Content and/or the Collective Work;
  • Resell, republish or utilize this Web Site, the Content and/or the Collective Work for any commercial purpose or any other public display, performance, sale or rental;
  • Copy or post this Web Site, the Content and/or the Collective Work on any network computer or broadcast the material in any media;
  • Decompile, reverse engineer, or disassemble this Web Site, the Content and/or the Collective Work;
  • Collect and use any product or service listings, descriptions, or prices to compete with TFM;
  • Create derivative works or use of this Web Site, the Content and/or the Collective Work;
  • Download or copy account information for the benefit of another merchant; or
  • Use data mining, robots, or similar data gathering and extraction tools.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of this Web Site, the Content and the Collective Work as permitted by these Terms, is permitted by you without the prior written permission from an authorized representative of TFM, which permission may be withheld in TFM’s sole discretion. Additionally, without the prior written permission from an authorized representative of TFM, which permission may be withheld in TFM’s sole discretion, you may not either link or frame or otherwise utilize framing techniques to enclose this Web Site or any Proprietary Marks (including images, text, page layout, or form), or use any meta tags or any other “hidden text” utilizing TFM’s name or Proprietary Marks. It is strictly prohibited to download the images or photographs within this Web Site.

Your right to access and use this Web Site is personal to you and is not transferable by you to any other person or entity. You are entitled to access and use this Web Site only for lawful purposes and pursuant to these Terms, TFM’s Privacy Policy, TFM’s Freight Management Agreement, and all disclaimers and other terms and conditions that appear elsewhere on this Web Site, if any.

You may not use this Web Site to do any of the following prohibited conduct:

  • Violate any applicable federal, state, local or international law or regulation (including without limitation, any laws regarding export data or software to and from the United States or other countries);
  • Exploit, harm or attempt to exploit or harm minors (as herein defined) in any way by exposing them to inappropriate content, asking for Personally Identifiable Information (as defined in TFM’s Privacy Policy) or otherwise;
  • Transmit or procure or send any advertising or promotional material including any junk mail, chain letter, spam or other commercial solicitation;
  • Impersonate TFM or a TFM employee or any user or any other person or entity; or
  • Misrepresent the identity of a user, use buying agents, or conduct other fraudulent, criminal or illegal activities.

Your access and use of this Web Site, the Content and the Collective Work may be interrupted, from time to time, for various reasons, including without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Web Site, or other actions that TFM, in its sole discretion, may elect to take. Without prior notice, TFM may decide, in its sole discretion, to suspend or discontinue the availability of this Web Site and/or any portion or feature of this Web Site at any time.

By accessing, submitting information, using or otherwise viewing the Web Site, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor this Web Site, the Content or the Collective Work, or any portion of them, or for any other purpose, without the prior written permission from an authorized representative of TFM, which permission may be withheld in TFM’s sole discretion. Additionally, you agree that you will not:

  • Take any action that imposes, or may impose in TFM’s sole discretion an unreasonable or disproportionately large load on TFM’s infrastructure;
  • Copy, reproduce, modify, create derivative works from, distribute or publicly display any Content (except for your Personally Identifiable Information as defined in TFM’s Privacy Policy) from this Web Site without the prior written permission from an authorized representative of TFM, which permission may be withheld in TFM’s sole discretion, and/or the appropriate third party, as applicable;
  • Interfere or attempt to interfere with the proper working of this Web Site or any activities conducted on this Web Site; or
  • Bypass TFM’s robot exclusion headers or other measures TFM may use to prevent or restrict access to and use of this Web Site, the Content and/or the Collective Work.

Notwithstanding the foregoing, TFM grants the operators of public search engines permission to use spiders to copy materials from this Web Site for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on this Web Site, but not caches or archives of such materials. TFM reserves the right to revoke these exceptions either generally or in specific cases.

You agree that you shall not collect or harvest any Personally Identifiable Information, including account names, from this Web Site. Also, you shall not use any communication systems provided on this Web Site (such as blogs or email) for any commercial or solicitation purposes, and you shall not solicit for commercial purposes any users of this Web Site without the prior written permission from an authorized representative of TFM, which permission may be withheld in TFM’s sole discretion. You acknowledge and agree that sending unsolicited and unauthorized e-mail on behalf of TFM, including promotions and/or advertising of services or products, is expressly prohibited.

You agree and acknowledge that any unauthorized use terminates the permission or license granted by TFM. Such unauthorized use includes without limitation:

  • Your violation of these Terms, TFM’s Privacy Policy, TFM’s Freight Management Agreement, any disclaimers or other terms and conditions that appear elsewhere on this Web Site, if any, and/or any other agreement between you and TFM;
  • Any act by you which restricts, inhibits, prevents or tampers with any access, use or enjoyment of this Web Site; and
  • Any activity or conduct which, through the use of the Web Site, defames, abuses, harasses, offends or threatens any person or entity, including TFM.

Security

Users of this Web Site are prohibited from violating or attempting to violate the security of this Web Site, including without limitation doing any of the following prohibited acts:

  • Accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;
  • Using this Web Site for unintended purposes or trying to change the behavior of the site;
  • Attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”;
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; and
  • Forging communications on behalf of this Web Site (impersonating this Web Site) or to this Web Site (impersonating as a legitimate user).

You further agree not to:

  • Use this Web Site in any manner that could disable, overburden, damage or impair this Web Site or interfere with any other party’s use of this Web Site;
  • Use any manual process to monitor or copy any of the material on this Web Site without permission or for any other unauthorized purpose;
  • Use any device, software, routine or data that interferes or attempts to interfere with the proper working of or any activity being conducted on this Web Site;
  • Use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents provided by TFM or generally publicly available browsers;
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or
  • Attack this Web Site via a denial-of-service attack or a distributed denial-of-service attack.

Violations of system or network security may result in the imposition of civil or criminal liability against you.

To use certain of the services on or through this Web Site, you may be required to provide TFM with information about you (“Your Information”). If you provide Your Information to TFM, then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if there are any changes or corrections that need to be made. TFM’s collection, use and disclosure of Your Information is governed by these Terms and TFM’s Privacy Policy.

If this Web Site requires you to create a password to use certain services or portions of the site, then it is your sole responsibility to maintain the security of that password. You agree that TFM shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You shall not allow any person under the age of 18 to access or use this Web Site or its services via your registration or password.

You agree to immediately notify TFM of any unauthorized use of your password, any unauthorized use of any account you may have with TFM, any violation of these Terms, or any other breach of security known to you in connection with any product or service available on the Web Site by sending an email to customerservice@targetfmi.com.

User Generated Content

Through blogs, forums and other features, this Web Site may currently or in the future allow users to transmit, submit or post information and/or make statements (“User Generated Content”). TFM is not involved in the actual transmission of any User Generated Content. Nor does TFM regularly review User Generated Content. As a result, TFM does not approve or endorse any User Generated Content, and you hereby acknowledge and agree that TFM has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided by you or any other person or entity.

You may find User Generated Content posted by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content.

If you supply User Generated Content that is not federally trademarked and/or copyrighted, or if you have obtained the prior written permission from an authorized representative of TFM, which permission may be withheld in TFM’s sole discretion, to transmit, submit or post User Generated Content that is federally trademarked and/or copyrighted, then you automatically grant TFM and its assigns a nonexclusive, royalty-free, perpetual, irrevocable, unrestricted and fully sub licensable right and license to use, copy, modify, reproduce, format, adapt, publish, translate, create derivative works from, transmit, incorporate, display and distribute such User Generated Content throughout the world in any media and for any purpose whatsoever to the extent permitted by law, including without limitation as Content. Also, you grant TFM and its sub-licensees the right to use the name that you submit in connection with the User Generated Content, if they choose.

By supplying the User Generated Content, you represent and warrant that: (i) you own or otherwise control all of the rights to the User Generated Content; (ii) the User Generated Content is non-confidential; (iii) the User Generated Content is accurate; (iv) use of the User Generated Content does not violate any of this Web Site’s Terms and will not cause injury to any person or entity; and (v) you will indemnify TFM for all claims resulting from the User Generated Content you supply.

You shall not transmit, submit or post the following as User Generated Content:

  • Information that infringes the copyright, patent, trademark, trade secret or other proprietary rights of TFM or other third-party;
  • Information that violates any law, statute, ordinance or regulation;
  • Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to TFM or third parties or that infringes on the rights of publicity or privacy possessed by TFM or third-parties;
  • Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
  • Information that is false, inaccurate or misleading;
  • Commercial advertisements or solicitations without the prior written permission from an authorized representative of TFM, which permission may be withheld in TFM’s sole discretion; or
  • Federally trademarked and/or copyrighted information without the prior written permission from an authorized representative of TFM, which permission may be withheld in TFM’s sole discretion.

Also, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead TFM or others as to the origin of any User Generated Content you supply.

TFM has the right but not the obligation to edit, refuse to post or remove any User Generated Content. Pursuant to TFM’s Privacy Policy, TFM may review any User Generated Content made by you to determine, in its sole discretion, your compliance with these Terms and TFM’s Privacy Policy.

You are solely responsible for all your User Generated Content and the consequences of transmitting, submitting or posting them to this Web Site. TFM takes no responsibility and assumes no liability for any User Generated Content, whether posted by you or other third party.

Service and Product Descriptions, Availability and Use

TFM attempts to be as accurate as possible. However, TFM cannot and does not guarantee or warrant the accuracy, completeness and reliability of information on this Web Site, including product images, specifications, availability and services, or that such information is current and error-free. TFM reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. All descriptions, images, references, features, content, specifications, services and products on this Web Site are subject to change at any time without notice.

The inclusion of any services or products on this Web Site at a particular time does not imply or warrant that these services or products will be available at any time. In addition, it is possible that certain items on this Web Site may be mispriced or unavailable, and TFM may experience lags in uploading updates throughout this Web Site and in TFM’s advertising on other websites.

TFM does not guarantee that the color you see on this Web Site will match the product color, as the display of the color depends, in part, upon the monitor you are using, as well as inventory availability. Also, certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.

Availability of services and products are subject to change without notice. TFM reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TFM will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may terminate it in accordance with TFM’s Freight Management Agreement.

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the services and products ordered will be used only in a lawful manner.

This Web Site may be subject to additional terms and conditions or policies specific to the particular product or service.

Pricing

Prices of services and products are subject to change without notice. TFM reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TFM will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may terminate it in accordance with TFM’s Freight Management Agreement.

TFM cannot and does not guarantee the accuracy, completeness and reliability of information on this Web Site, including prices. The publication of any price does not guarantee that such price is available for the product or service at the time you seek to purchase it. Unless otherwise, stated prices do not include taxes, fees, transportation charges, licensing, surcharges, fuel charges or other ancillary, related or additional changes that may be related to the transaction. TFM reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. All prices on this Web Site are subject to change at any time without notice.

Please note that these Terms apply only to TFM’s products, services and offers. Your purchases from Third-Party Sites (as defined under the heading “Links to Third-Party Web Sites”) are subject to and govern by those sites’ policies and practices.

Links to Third-Party Web Sites

From time to time, this Web Site may contains links to other websites and mobile applications belonging to and operated by TFM’s advertisers, business partners, affiliates and other third-parties (“Third-Party Sites”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

TFM is not responsible for examining or evaluating any Third-Party Site or its content. Nor does TFM warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content or any products, services or other offerings made in any Third-Party Site. A link to a Third-Party Site on this Web Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site or its content. TFM makes no representation, guarantee or warranty as to any services or products offered on any Third-Party Site, and TFM assumes no responsibility or liability for the actions, products, services and/or content of any Third-Party Site.

The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Terms and Privacy Policy that apply to your use of this Web Site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

By accessing, submitting information, using or otherwise viewing the Web Site, you acknowledge and agree that the owners and operators of the Third-Party Sites are solely responsible for any services or products they may provide to you and that TFM shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a third party’s services or products.

Mobile Devices

For those portions of this Web Site that are accessible via an application for your mobile or other cellular device, please be aware that your carrier’s normal rates and fees may apply and that these Terms and other terms and conditions within the application apply to your access and use of this Web Site over or through such mobile application..

Shipment and Risk of Loss

To the extent any product is sold through this Web Site, TFM ships only within the continental United States. Most orders are shipped through the United States Postal Service. If you request overnight delivery, there will an extra charge as defined by the carrier we choose. We will use the USPS or Federal Express, at our discretion, to ship overnight deliveries. The cost for overnight delivery will be charge to you at the time your order is placed.

A business day is defined by Monday through Friday. Orders placed before noon (Eastern Standard Time) Monday through Friday will be shipped the same day. Orders placed after noon (Eastern Standard Time) Monday through Friday will be shipped the following business day. Orders placed on Saturday or Sunday will be shipped out the following Monday or business day in the event of a holiday.

The risk of loss and title for all items purchased through this Web Site pass to you upon TFM’s delivery to the carrier.

Termination

TFM may, in its sole discretion, terminate your use of this Web Site at any time. You are personally liable for any orders or donations that you place or charges that you incur prior to termination. TFM reserves the right to change, suspend or discontinue all or any aspects of this Web Site, its Content and/or the products, services and other offers set forth in this Web Site at any time without prior notice.

Disclaimers of Warranties and Limitations of Liability

This Web Site, the Content and the Collective Work, and all services and products included or associated with them, are provided to you on an “AS IS” and “AS AVAILABLE” basis. TFM makes no representations or warranties of any kind, express or implied, as to the operation of this Web Site, the Content and the Collective Work, or the information, materials, services or products included on or associated with them. You expressly agree that your use of this Web Site, the Content and the Collective Work, and/or all service and products included on or associated with them, is at your sole risk.

Further, this Web Site, the Content, the Collective Work, the Software, the servers and/or networks on which they reside, any electronic communications sent by TFM to you and/or any other electronic files available at this Web Site may contain bugs, worms, viruses, errors, problems, harmful components or other limitations. TFM makes no representation or warranty as to either the accuracy, integrity, completeness, currency or suitability of the Web Site, the Content, the Collective Work, the Software or the operation of this Web Site, including without limitation that your use of this Web Site will be uninterrupted or error-free. Further, TFM does not represent or warrant that this Web Site, the Content, the Collective Work, the Software, the servers and/or networks on which they reside, any electronic communications sent by TFM to you and/or any other electronic files downloaded or available through this Web Site are or will be free of bugs, worms, viruses, errors, problems, harmful components or other limitations.

This Web Site is controlled and offered by TFM from its facilities in the United States of America. TFM makes no representations that this Web Site is appropriate or available for use in other jurisdictions. If you access or use this Web Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.

All responsibility and/or liability for any damages caused by your use of this Web Site, including without limitation by bugs, worms, viruses, errors, problems, harmful components or other limitations, are disclaimed. You understand and agree that your use of this Web Site and any material downloaded, obtained or otherwise accessed through the use of this Web Site is done at your own discretion and your own risk, and that you are solely responsible for any and all damage to your computer system or loss of data that may result from using this Web Site and/or downloading of any such material. You further agree that if you are dissatisfied in any manner with this Web Site or your use of this Web Site, then your sole and exclusive remedy is to discontinue your use of this Web Site.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TFM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY TFM SHALL CREATE A WARRANTY.

UNDER NO CIRCUMSTANCES SHALL TFM BE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON FOR ANY DAMAGES. INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, RESULTING FROM, ARISING OUT OF OR RELATING TO, DIRECTLY OR INDIRECTLY: (I) YOUR BREACH OR VIOLATION OF THESE TERMS; (II) YOUR ACCESS AND USE OF THIS WEB SITE, THE CONTENT, THE COLLECTIVE WORK OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION THIRD PARTIES WEB SITES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE FOR ANY REASON THIS WEB SITE, THE CONTENT, THE COLLECTIVE WORK OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION THIRD PARTIES WEB SITES; (IV) YOUR DOWNLOADING OR COPYING OF ANY OR ALL OF THIS WEB SITE, THE CONTENT OR THE COLLECTIVE WORK; (V) YOUR RELIANCE UPON OR USE OF THIS WEB SITE, THE CONTENT OR THE COLLECTIVE WORK; (VI) ANY MISTAKES, ERRORS OR OMISSIONS IN CONTENT, INTERRUPTIONS IN SERVICE, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THIS WEB SITE, THE CONTENT, THE COLLECTIVE WORK OR THE SOFTWARE; OR (VII) ANY INFORMATION, SOFTWARE, SERVICES OR PRODUCTS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF YOUR ACCESS AND USE OF THE SITE. THIS PROVISION APPLIES TO ALL CLAIMS WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, AND TO ALL TYPES OF DAMAGES OR LOSSES WHETHER BASED UPON BODILY INJURY TO PERSON (INCLUDING DEATH), DAMAGE TO PROPERTY, AND COMMERCIAL LOSS OF ANY KIND (INCLUDING LOSS OF BUSINESS, PROFITS, REVENUE OR SAVINGS), EVEN IF TFM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS, DAMAGES AND/OR LOSSES.

YOU SPECIFICALLY ACKNOWLEDGE THAT TFM SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU HAVE ARISING OUT OF OR RELATED TO THIS WEB SITE, THE CONTENT, THE COLLECTIVE WORK AND THE SOFTWARE, INCLUDING WITHOUT LIMITATION USER GENERATED CONTENT, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

The disclaimer of warranties and limitation of damages set forth in these Terms are fundamental elements of the basis of the bargain between TFM and you. By accessing, submitting information, using or otherwise viewing the Web Site, you acknowledge and agree that TFM has an interest in limiting the liability of itself and its Associates. You further agree that you will not bring any claim against TFM and/or its Associates with respect to any damages or losses you suffer in connection with this Web Site and that the limitations of warranties, liability and damages set forth in these Terms will protect both TFM and its Associates and any and all of their successors and assigns.

By accessing, submitting information, using or otherwise viewing the Web Site, you acknowledge and agree that the exclusions and limitations of warranties, liability and damages set forth in these Terms are reasonable. If you do not think they are reasonable, you must not use and/or immediately discontinue your use of this Web Site.

Indemnification by You of TFM

You shall defend, indemnify and hold harmless TFM and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including without limitation attorneys’ fees and other legal costs, asserted or sought by any person, including you, against TFM and which arise out of, or are attributable to: (i) any breach or violation by you of these Terms; (ii) your failure to provide accurate, complete and current Personally Identifiable Information requested or required by TFM; (iii) your access or use of this Web Site; (iv) any access or use of this Web Site under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused, in whole or in part, by you.

Available Remedies

TFM reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular Internet address to this Web Site and/or any of its features.

You acknowledge that TFM may be irreparably damaged if these Terms are not specifically enforced, and damages at law may be an inadequate remedy. Therefore, in the event of such a breach or threatened breach by you of any provision of these Terms, TFM shall be entitled, in addition to all other rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or TFM shall be entitled to a decree for specific performance of the provisions of these Terms.

Fraud Protection and Compliance

TFM reserves the right to investigate complaints or reported violations of these Terms and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. You agree that TFM may disclose any information, including your Personally Identifiable Information, which it deems necessary, in its sole discretion, to comply with any applicable law, regulation, legal process or governmental request. Also, you agree that TFM may exchange information, including your Personally Identifiable Information, with other companies and organizations for credit fraud protection and risk reduction purposes.

Applicable Law

This Web Site is created, operated and controlled by TFM in the Commonwealth of Pennsylvania, United States of America. By using this Web Site, you agree that the laws of Pennsylvania shall govern the validity, performance, and enforcement of these Terms and any dispute of any sort that might arise between you and TFM, without giving effect to any conflict of laws, principles or any other rule or regulation that would result in the application of the law of any other state or country.

Jurisdiction and Venue of Disputes

You agree that any dispute relating in any way to your access and use of this Web Site, the Content, the Collective Work or the Software, or any of the services or products included or associated with them or sold and/or distributed by TFM through them, shall be adjudicated exclusively in the state courts of record of Allegheny County, Pennsylvania, or the United States District Court for the Western District of Pennsylvania. You consent to the jurisdiction of such courts and waive any objection to the laying of venue of any action or proceeding in such courts. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Non-Assignment

These Terms are not assignable or transferable and may not be sublicensed by you without the prior written permission from an authorized representative of TFM, which permission may be withheld in TFM’s sole discretion. TFM may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.

 

Other Policies, Changes and Severability

Please review our other policies, such as our Privacy Policy, posted on this Web Site. These policies also govern your visit to this Web Site.

We reserve the right to amend, revise and/or make changes to this Web Site, the Terms, the Privacy Policy, and other site policies at any time. Amendments, revisions and changes will take effect immediately upon our posting to this Web Site. Each time you use this Web Site, you should visit and review the then current Terms, Privacy Policy and other site policies that apply to your use of this Web Site and any transactions made while on this Web Site. Your continued use of the Web Site following the posting of amendments, revisions and changes means that you accept and agree to them.

If any term, clause or provision of these Terms shall be determined by a court of competent jurisdiction to be void, invalid or unenforceable under applicable law or for any other reason, then only that term, clause or provision as is determined to be void, invalid or unenforceable shall be stricken from these Terms or modified to make it no longer void, invalid or unenforceable. Further, such void, invalid or unenforceable term, clause or provision shall not affect the enforceability of the other terms, clauses or provisions of these Terms, and these Terms shall remain in full force and effect in all other respects.

Notice and Procedure for Making Claims of Copyright Infringement

It is TFM’s policy to comply with the Digital Millennium Copyright Act (“DCMA”), title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. In appropriate circumstances, TFM will disable and/or terminate the accounts of users who infringe or repeatedly infringe the copyrights or other intellectual property rights of TFM and/or others.

Notifications (each a “Notification”) of claimed copyright infringement must be in writing and sent by either email message or facsimile transmission and by either express mail or U.S. mail to TFM’s designated agent. TFM’s designated agent contact information is as follows:

Mail: David Scherer, Web Developer
Target Freight Management, Inc.
5905 Brownsville Road
Pittsburgh, PA 15236

E-mail: dscherer@targetfmi.com

Fax: 412-653-1908

If you believe that your work has been copied in a way that constitutes copyright infringement, then your Notification to TFM’s copyright agent must include the following written information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner (the “Complaining Party”) of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit TFM to contact the Complaining Party, such as an address, telephone number, and if available, an e-mail address at which the Complaining Party may be contacted.
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that the above Notification procedure is exclusively for the Complaining Party to notify TFM that copyrighted material has been infringed. Upon receipt of a Complaining Party’s Notification containing the information outlined above, TFM will, pursuant to the DCMA:

  • Remove or disable access to the material that is alleged to be infringing;
  • Forward the Notification to the alleged infringer (“Subscriber”); and
  • Take reasonable steps to promptly notify the Subscriber that TFM has removed or disabled access to the material.

Under the DCMA, a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to TFM’s designated agent that includes substantially the following:

  1. A physical or electronic signature of the Subscriber;
  2. 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 to it was disabled;
  3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which TFM may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person

Upon receipt of a Counter Notification containing the information outlined above, TFM will, pursuant to the DCMA:

  • Promptly provide the Complaining Party with a copy of the Counter Notification;
  • Inform the Complaining Party that TFM will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
  • Replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided TFM’s designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on TFM’s network or system.

For additional information regarding this procedure, please reference the DCMA. TFM provides the above contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to this purpose.

Owner and Operator

TFM is the owner and operator of this Web Site. References to “TFM” herein refer to TFM and/or its respective affiliates, subsidiaries, designees and assignees as deemed appropriate by TFM.

The on-line address for this Web Site is http://www.targetfmi.com. The mailing address for TFM is 5905 Brownsville Road, Pittsburgh, PA 15236, and its telephone number is 1-888-653-1323 .

Entire Agreement

These Terms constitute the entire agreement between TFM and you and govern your use of this Web Site. You agree and acknowledge that any other agreements between you and TFM with respect to your use of this Web Site are superceded and of no force or effect.