Effective Date: October 1, 2020
All references to NTG include not only Nolan Transportation Group, LLC, but also FreightPros, LLC and our other wholly owned subsidiaries, unless expressly stated otherwise.
Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between NTG and you.
The Services are meant for business use only. By agreeing to this Agreement, you represent that you are accessing and using the Services as an employee, owner, director, officer, or contractor of a business.
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; YOU WILL COMPLY WITH THIS AGREEMENT; AND YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT
Please read carefully the sections titled “DISCLAIMER OF WARRANTIES,” “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION.” These provisions limit NTG’s liability to you and affect how disputes are resolved.
If you do not agree to any term of this Agreement, please do not use the Services.
CHANGES TO TERMS
The Effective Date of this Agreement is set forth at the top of this webpage. As we add new features, we may revise or supplement this Agreement. We will provide you with advance notice of material revisions to this Agreement. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of or agreements, notices, or statements about this Agreement.
Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Services to which they relate. This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply.
NTG and its licensors retain full and complete title to all information and materials provided on or through or submitted to the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “NTG Content”). The name "NTG" and the NTG Logo, and other trademarks used in the Services are trademarks of NTG or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by NTG that appear in the Services are the property of their respective owners.
If you agree to this Agreement (as well as any Additional Terms), then you may download, print and/or copy NTG Content solely for your own personal use.
Except for content that is in the public domain or unless NTG provides you with written authorization to do so, you may not:
Incorporate any NTG Content into any other work (such as your own website) or use NTG Content in any public or commercial manner; Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell NTG Content in any form or by any means; Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the NTG Content; or ‘Deep link’ to any of the Services (i.e., link to any page other than the home page of one of the Services).
EXCEPT FOR NTG CONTENT PROVIDED BY US OR OUR AGENTS, WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY. NTG IS AN INDEPENDENT, NONPARTISAN ORGANIZATION. NTG TAKES NO INSTITUTIONAL POSITIONS ON POLICY ISSUES. REFERENCES TO SPECIFIC NONPROFIT, PRIVATE, OR GOVERNMENT ENTITIES ARE NOT AN ENDORSEMENT.
USING THE SERVICES
Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.
Your Account: You are required to create an account to use certain features of the Services. NTG offers three types of accounts (your, “Account”):
Registered linked business accounts, business accounts that can make purchases by using a purchase order number and can create authorized user accounts; Authorized business user accounts, created by registered linked business accounts to act on the business’ behalf; and
You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services.
You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. NTG treats access to the Services through your account credentials as authorized by you. Any access, activity, or purchases made by an authorized business user account will be treated as authorized by the associated registered linked business account. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. NTG may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify NTG using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.
Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.
We do not guarantee availability of the Services at all times of the day. NTG may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as provided in our customer agreements, NTG has no obligation to provide access to or support for the Services.
Restrictions on Your Use of Services: You may use the Services for lawful, non-commercial purposes only. The Services are for business use only; you may not use the Services for personal use.
You agree that you will not (and you agree not to encourage or allow any third party to):
PURCHASES AND ORDERS
Purchase made through this website are subject to our Customer Terms and Conditions. Please review the Terms and Conditions of Online Sale carefully prior to making a purchase through the Services.
NTG may from time to time offer areas in the Services where you and other users can share ideas, blue prints, designs, plans, or other information or materials (collectively, “Submissions”). You are the owner of and are responsible for your Submissions.
By submitting a Submission, you represent and warrant that: Your Submission is true and accurate; You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations to NTG under this Agreement; and Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.
NTG TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS. UNDER NO CIRCUMSTANCES ARE YOU ENTITLED TO PAYMENT FOR YOUR SUBMISSIONS. ALL SUBMISSIONS ARE DEEMED NON-CONFIDENTIAL AND NON-PROPRIETARY.
CLAIMS OF COPYRIGHT INFRINGEMENT
NTG takes no responsibility and assumes no liability for copyrighted materials posted via the Services. However, NTG takes claims of copyright infringement seriously. If you believe that your copyrighted work has been copied in a way that constitutes infringement and is accessible via the Services, please notify NTG’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature or a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Services;
- Information reasonably sufficient to permit NTG to contact you, such as your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or under applicable law; and
- A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Nolan Transportation Group, LLC
400 Northridge Road, Suite 1000
Atlanta, GA 30350
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
From time to time, NTG may offer you the opportunity to participate in challenges or other promotions (collectively, “Promotions”). You may not be transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM NTG, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE NTG AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.
DISCLAIMER OF WARRANTIES
NTG warrants that NTG has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE NTG SERVICES AND PURCHASES VIA THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NTG specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. NTG does not warrant that (a) the Services or purchases via the Services will meet your requirements, (b) operation of the Services or purchases via the Services will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by NTG or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES AND ANY PURCHASES MADE VIA THE SERVICES ARE AT YOUR OWN RISK.
LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES
YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST NTG ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF NTG KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF [TRANSPORTATION INSIGHT/NTG] TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES OR PURCHASES VIA THE SERVICES IS USD $100 (ONE HUNDRED DOLLARS). NOTWITHSTANDING ANYTHING CONTRARY IN THIS AGREEMENT, YOUR SOLE REMEDY FOR DISSATISFACTION OF ANY SERVICES OR PURCHASES VIA THE SERVICES SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR SUCH SERVICES OR PURCHASES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF NTG TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES OR PURCHASES VIA THE SERVICES IS USD $100 (ONE HUNDRED DOLLARS). NOTWITHSTANDING ANYTHING CONTRARY IN THIS AGREEMENT, YOUR SOLE REMEDY FOR DISSATISFACTION OF ANY SERVICES OR PURCHASES VIA THE SERVICES SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR SUCH SERVICES OR PURCHASES.
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that NTG would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.
If you have a complaint about the Services, please contact NTG via email at Legal@ntgfreight.com.
YOU AND NOLAN TRANSPORTATION GROUP, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
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 THE SERVICES, 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. (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 ability to arbitrate and/or enforceability of this arbitration provision, including 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.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR NOLAN TRANSPORTATION GROUP, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
GOVERNING LAW AND JURISDICTION
This website is operated from the US. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia.
NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is:
Nolan Transportation Group, LLC
Attention: Legal Department
400 Northridge Road, Suite 1000, Atlanta, GA 30350
If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of “Legal Department” at the above address.
If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.
NTG’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject NTG or its affiliates to any registration requirement within such jurisdiction or country.
You may terminate your Account at any time for any reason effective upon written notice to NTG. NTG reserves the right immediately to suspend or terminate your access to the Services without notice if NTG believes you violated this Agreement.
Termination will not limit any of NTG’s other rights or remedies. The sections titled NTG Content, Submissions, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, General Terms and any other provision that is intended to survive termination shall survive termination of this Agreement.
LINKS TO OTHER WEBSITES AND SERVICES
The Services contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of NTG is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by NTG of the Linked Services or any association with the operators of the Linked Services. NTG does not investigate, verify or monitor the Linked Services. NTG provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
QUESTIONS ABOUT THE SERVICES
If you have a question about the Services, please contact NTG via email at email@example.com.
Mail: Nolan Transportation Group, LLC
Attention: Legal Department
400 Northridge Road, Suite 1000, Atlanta, GA 30350