Terms and Conditions

1.1 You may access most areas of the Site without the need for Registration in which case only the General Conditions will apply to you. Certain areas of the Site are only open to you if you are a Member. If you register as a Member, you will be asked to confirm expressly that you have read and accept the Terms and Conditions.

1.2 The Conditions (as defined below) apply to the access to and use of the Site, and to any correspondence by e-mail between you and us. Please read these terms carefully before using the site. Using the Site indicates that you accept the Conditions regardless of whether or not you choose to become a Member. If you do not accept the General Conditions, do not use the Site.

1.3 We may revise the Conditions at any time by updating this posting. You should check the Site from time to time to review the current version of the Conditions because they are binding on you. Certain provisions in the Conditions may be superseded by expressly designated legal notices located on particular pages of the Site.

1.4 Any rights not expressly granted in these terms are reserved.

DEFINITIONS

2.1 “Conditions” means all conditions applicable to a person accessing the Site in connection with his use of the Site.

2.2 “Job” means the request for transportation of goods (not people) posted by the User on the Site.

2.3 “Member” means a person who has Registered (and ” Membership” means the status of being a Member).

2.4 “Registration” or “Register” means setting up a membership account and having agreed to the Conditions.

2.5 “Site” means www.fraterexpediting.com or www.fraterexpeditingllc.com.

2.6 “Transaction” means the agreement entered into between a Transport Provider and a User for the performance of a Job.

2.7 “Transport Provider” means a Member who has submitted a quotation in respect of a Job.

2.8 “User” means a Member who has posted a Job on the Site.

2.9 “Your Data” means all content and information uploaded to the Site or input by you.

3.1 While we endeavor to ensure that the Site is available 24 hours a day, we shall not be liable if, for any reason, the Site is unavailable at any time or for any period.

3.2 Access to the Site may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control.

4.1 While we endeavor to ensure that the information on the Site is correct, we do not warrant the accuracy or completeness of the material on the Site. We may make changes to the material on the Site at any time and without notice. The material on the Site may be out of date, and we make no commitment to update such material.

4.2 The contents of the Site are provided “as is”, and we provide no warranties in respect of such contents. To the MAXIMUM extent permitted by law, FRATER EXPEDTING LLC disclaims all warranties, whether express, implied, statutory or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and those arising out of course of dealing, usage, or trade.

4.3 You are prohibited from posting or transmitting to or from the Site any material:

4.4 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

4.5 for which you have not obtained all necessary licenses and/or approvals;

4.6 which constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or

4.7 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.8 You may not misuse the Site (including, without limitation, by hacking).

4.9 We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone posting any material in breach of this clause.

5.1 You are permitted to view, print and download extracts from the Site for your own use on the basis that:

5.2 no documents or related graphics on the Site are modified in any way;

5.3 no graphics on the Site are used separately from the corresponding text; and

5.4 our copyright notices and this permission notice appear in all copies.

5.5 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site (including, without limitation, photographs and graphical images) are owned by us or our licensors.

5.6 No part of the Site may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.

6.1 To the maximum extent permitted by law, we hereby disclaim and you hereby waive any claims against us based on, relating to or arising from the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings;

(e) loss of data;

(f) loss of goodwill;

(g) wasted management or office time;

(h) any unauthorized person uses your username and/or password to access the Site with any result, including but not limited to making changes in authorizations;

(i) the Site is totally or partially inoperative or inaccessible;

(j) use of the Site;

(k) viruses or other malicious software are transferred to your computer or other device by using the Site;

(l) there are bugs, errors or inaccuracies in the Services or the results produced by the Site;

(m) third-party content, actions or inactions on or with respect to the Site;

(n) a suspension or other action taken with respect to your account by us;

(o) deletion, corruption or destruction of any Your Data; and

(p) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

6.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

7.1 Any information about you that we process will be collected and processed in accordance with our privacy policy (https://fraterexpediting.com/privacy-policy/). By using the Site, you consent to such collection and processing.

8.1 We may, at our sole discretion, restrict or terminate your access to and/or use of the Site without prior notice where:

8.2 there is a regulatory or statutory change limiting our ability to provide access to the Site;

8.3 there is any event beyond our reasonable control preventing us from providing access to the Site (for example, and without limitation, technical difficulties, capacity problems and communications failures); or

8.4 we consider that you are abusing the Site or are otherwise acting in violation of the Conditions.

9.1 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed any of such third party websites and do not control and are not responsible for their content, security or availability. We do not, therefore, endorse or make any representations about them, any material found there or any consequences of using such websites. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

9.2 If you would like to link to the Site, you may do so only on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:

9.2.1 you do not remove, distort or otherwise alter the size or appearance of any logos used by us on the Site;

9.2.2 you do not create a frame or any other browser or border environment around the Site;

9.2.3 you do not in any way imply that we are endorsing any products or services other than our own;

9.2.4 you do not misrepresent your relationship with us or present any other false information about it;

9.2.5 you do not otherwise use any trademarks owned by Frater Expediting LLC (whether these are registered or unregistered) which are displayed on the Site without our express written permission;

9.2.6 you do not link from a website that is not owned by you; and

9.2.7 your website does not contain content that we, in our sole discretion, consider to be distasteful, offensive or controversial, in infringement of any intellectual property rights or other rights of any other person or which doesn’t otherwise comply with all applicable laws and regulations.

9.3 We expressly reserve the right to revoke the right granted in clause 8 for any or no reason and to take any action that we deem appropriate.

9.4 You shall fully indemnify us for any loss or damage that we may suffer for breach of clause 9.2.

10.1 You agree not to register or register, directly or indirectly, any domain name or trademark that includes the word ‘Frater Expediting LLC’ or that infers it is connected to us or in any way or that casts aspersions (intentional or not) on us, the Site or our Members.

11.1 You are solely responsible for compliance with local laws in connection with your use of the Site and, in particular, provision of transport services, if and to the extent local laws are applicable.

11.2 You warrant that it is legal for you to view the Site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using its contents.

11.3 A failure or delay in enforcing compliance with one or more provisions of these Conditions shall not constitute a waiver of any other provision of these Conditions.

11.4 The execution and delivery of these Conditions shall not be deemed to confer any rights upon any person or entity other than the parties hereto, or make any person or entity a third party beneficiary of these Conditions, or to obligate either party to any person or entity other than the parties to these Conditions.

11.5 If any provisions of the Conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and modified so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and shall not affect the validity and enforceability of the remaining provisions.

11.6 The Conditions constitute the entire agreement between you and us as to your use of the Site and shall supersede any prior agreement or representation in respect thereof.

11.7 Any and all notices to be given by either one of us to the other pursuant to or in connection with the Conditions shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at any e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed at the start of these General Conditions.

11.8 The Conditions are governed by the laws of the United States of America and you agree to submit to the exclusive jurisdiction of the US courts. If either Party incurs costs or expenses including but not limited to reasonable attorneys’ fees in connection with an action relating to the terms of and performance under this Agreement, the prevailing Party in such an action such be entitled to recover its costs and reasonable attorneys’ fees incurred.

12.1 Please note that these terms and conditions are supplemental to the General Conditions (Part A). The Conditions (Parts A and B) form the basis of the agreement that you enter into with us in order to Register and become a Member (the “Agreement”) and will govern your conduct as a Member.

13.1 Registration is not open to persons aged under 18. If you are Registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

13.2 Each Registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network. Furthermore, your Membership may not be transferred to a third party.

13.3 Responsibility for the security of any passwords issued rests with you and you are responsible for all actions taken with your username and password.