Website Terms and Conditions

Introduction

These Terms and Conditions (the “Terms”) govern the agreement between Whis Freight Brokerage, LLC (sometimes referred to herein as “WFB”, or “us” or “we”) and you regarding your use of this website and any related websites, mobile applications associated with the website, integrated application sites, application programming interfaces (APIs) and any related services, any other tools, or other offerings or services of any kind owned, provided or otherwise operated by WFB, including those services for connecting entities that ship cargo with motor carrier providers, text messaging services, referrals and any other service and offerings (all of the above herein from time to time referred to as the “Website”). If you are using the Website on behalf of a company or any other entity or group (the “Entity”), then “you” means the Entity, and that you are binding the Entity to these Terms.

The Website is provided by Whisk Freight Brokerage, LLC and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, you are not permitted to use the Website.

Scope and Terms of Use

The Terms, including the Privacy Policy, govern your use of the Website. By using the Website you accept the Terms in full. If you disagree with the Terms or any part of the Terms then you must not use the Website.

License to Use Website

Unless otherwise stated, Whisk Freight Brokerage, LLC and/or its licensors own the intellectual property rights in the Website and material on the Website.

Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of Whisk Freight Brokerage, LLC , its affiliates or third parties. The content of the Website is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of Whisk Freight Brokerage, LLC , its affiliates or other entities that have granted Whisk Freight Brokerage, LLC the right and license to use such Marks and may not be used copied or interfered with in any manner without the express written consent of Whisk Freight Brokerage, LLC. Except as otherwise expressly authorized by the Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Whisk Freight Brokerage, LLC ‘s or the appropriate third party’s prior written permission. Except as expressly provided herein, Whisk Freight Brokerage, LLC does NOT grant to you any express or implied rights to Whisk Freight Brokerage, LLC ‘s or any third party’s Intellectual Property.

Whisk Freight Brokerage, LLC grants you a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use the Website only in the manner presented by Whisk Freight Brokerage, LLC , and (b) access and use Whisk Freight Brokerage, LLC computer and network services offered within the Website (the “Whisk Freight Brokerage, LLC Systems”) only in the manner expressly permitted by Whisk Freight Brokerage, LLC . Except for this limited license, Whisk Freight Brokerage, LLC does not convey any interest in or to Whisk Freight Brokerage, LLC Systems, information or data available via Whisk Freight Brokerage, LLC Systems (the “Information”), the Website or any other Whisk Freight Brokerage, LLC property by permitting you to access the Website. Except to the extent required by law or as expressly provided herein, the Website and/or any component, segment, portion or code may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Whisk Freight Brokerage, LLC . You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Website or any part thereof in any way, unless expressly permitted to do so by Whisk Freight Brokerage, LLC .

Acceptable use

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way, which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Whisk Freight Brokerage, LLC ’s express written consent, which may be withheld at Whisk Freight Brokerage, LLC sole discretion.

You must not use the Website to transmit or send unsolicited commercial communications.

You must not modify or cause to be modified any files or content that are used to offer the Services, without the express prior written consent of Whisk Freight Brokerage, LLC.

You must not disrupt, overburden or be a part of any attempt to disrupt or overburden any computer or server used to offer or support the Website or the use or enjoyment of the Website by any other person. This includes, but is not limited to, distribution of malware, spyware, viruses, denial of service attacks, junk mail and spam.

You must not use, create or maintain any unauthorized connection to all or any part of the Website, including, without limitation: any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Services offered by the Website or any connection using programs, tools or software not expressly approved in writing by Whisk Freight Brokerage, LLC.

User Content

Your submission of information through the Website is governed by the Terms. You represent and warrant that any information you provide through the Website is and will remain accurate and complete, and that you will maintain and update such information as needed.

With respect to any individual whose personal information is provided by you to Whisk Freight Brokerage, LLC through the Website you represent to Whisk Freight Brokerage, LLC that you have the authority to provide such information and that you have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the services you are using.

We may offer certain services or goods offered through the Website to be paid for on an as-purchased basis. By making a purchase, you agree to pay the fees and any taxes incurred at the time of purchase. We reserve the right to charge fees for any parts of the services or goods that may have previously been offered without a fee. We may revise the pricing for the goods and services offered through the Website at any time. If you continue to use any applicable services or goods after any such pricing change comes into effect, then such continued usage shall constitute your agreement to pay the revised fee(s). YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON UNLESS OTHERWISE EXPRESSLY STATED AT THE TIME OF PURCHASE, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PRODUCTS AND SERVICES WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. A stored payment method may be associated with your Account to process your purchase payments, and by submitting your payment information to us, including your name and billing address, you authorize us to charge all purchase fees incurred by you to such payment method upon your payment confirmation. In the event your payment method fails or is declined, we will notify you and you must update your payment method.

You accept full responsibility for any unauthorized use of the Website by parties not authorized to use any account you create on the Website (your, your or the “Account”). Additionally, you are responsible for any use of your credit card or other payment instrument (by way of example and not limitation PayPal, Venmo, ACH, wire) incurred by parties using your Account.

You shall not create an Account using a false identity or false information, or on behalf of someone other than yourself.

Without first obtaining our written permission, you shall not register for an Account or in any way use the Website if we have removed, suspended or otherwise terminated any Account registered by or on behalf of you or if we have notified you that you may not use the Website.

Account Information and Management

When setting up, creating or updating an Account you may be required to provide personal information for yourself or for an individual acting on your behalf if you are a User who is not an individual, which may include (by way of example and not limitation) personal information such as name, phone number, email address, billing address, payment information, banking information and/or credit information (collectively “Account Information”). Account Information will be held and used in accordance with the Privacy Policy. You agree that you will supply accurate and complete Account Information to us, and that you will update such information when and as it changes.

When your Account is created we will generate and store certain information (“Login Information”). The following rules govern the security of your Login Information: (1) You will not share the Account Information or Login Information and you will undertake your best efforts to not allow anyone else to access your Account or see/access your Login Information; (2) If you become aware of, or reasonably suspect, any breach of security, including without limitation any loss, theft or unauthorized disclosure of the Login Information, you shall immediately notify us in writing; and (3) You are solely responsible for maintaining the confidentiality of the Login Information and you will be responsible for all uses of the Login Information, including all orders and purchases, whether or not authorized by You.

Third Party Providers

You acknowledge and agree that for us to provide the Services presented on the Website we may create and maintain on your behalf an access or developer key to one or more third party APIs or developer programs. In the event that you are subject to any additional terms and conditions with respect to your access to or use of any such third party APIs or developer programs then you further agree to be bound by any such terms and conditions as a condition of your access to or other use of such third party APIs or developer programs.

Effects of Violations of these Terms and Conditions

Any use of our Website in violation of these Terms and Conditions is strictly prohibited and may result in the immediate revocation of your limited license granted elsewhere herein and may subject you to liability for violations of law.

You acknowledge that we may also have in place other policies regarding use of the Services and that you agree to abide by such policies and that such policies are in addition to any obligations you have under these Terms.

No Warranties

This Website is provided “as is” without any representations or warranties, express or implied. Whisk Freight Brokerage, LLC makes no representations or warranties in relation to the Website or the information and materials provided on this Website.

Without prejudice to the generality of the foregoing paragraph, Whisk Freight Brokerage, LLC does not warrant that:

this Website will be constantly available, or available at all; or
the information on this Website is complete, true, accurate or non-misleading.

Nothing on the Website constitutes, or is intended to constitute, advice of any kind. Information on the Website is for educational purposes only.

Links

The Website may contain links to third-party websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by WFB of the content on such Linked Sites. WFB makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. WFB is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

Submissions

Whisk Freight Brokerage, LLC does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Whisk Freight Brokerage, LLC and its affiliates are under no obligation to keep such information confidential, and (c) Whisk Freight Brokerage, LLC will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses

Disclaimer of Warranties

WFB MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE OR ANY WFB SYSTEMS OR ANY INFORMATION OR SERVICE PROVIDED FOR THEREIN. THE USE OF SAME IS AT YOUR OWN RISK.

THE WEBSITE AND EVERYTHING THEREIN ARE PROVIDED ON AN “AS IS” BASIS. WFB, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WFB AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR ANY WFB SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY WFB IN THE TERMS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THE TERMS ARE FAIR AND REASONABLE.

Limitations of liability

Whisk Freight Brokerage, LLC will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, thE Website:

to the extent that the Website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Whisk Freight Brokerage, LLC has been expressly advised of the potential loss.

Further, You release us, and our officers, directors, agents, subsidiaries, joint ventures and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any of the following: (i) any dispute that arises between you and one or more Other Users or any other parties with whom you interact through the Services; and (ii) any use by us of third party information.

Exceptions

Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit

Reasonableness

By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this Website.

Other parties

You accept that, as a limited liability entity, Whisk Freight Brokerage, LLC has an interest in limiting the personal liability of its board or directors, officers and employees. You agree that you will not bring any claim personally against Whisk Freight Brokerage, LLC board of directors, officers or employees in respect of any losses you suffer in connection with the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect Whisk Freight Brokerage, LLC board of directors, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

Unenforceable Provisions

If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.

Indemnity

You hereby indemnify Whisk Freight Brokerage, LLC and undertake to keep Whisk Freight Brokerage, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Whisk Freight Brokerage, LLC to a third party in settlement of a claim or dispute on the advice of Whisk Freight Brokerage, LLC legal advisers) incurred or suffered by Whisk Freight Brokerage, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these Terms and Conditions

Without prejudice to Whisk Freight Brokerage, LLC ’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Whisk Freight Brokerage, LLC may take such action as Whisk Freight Brokerage, LLC deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Changes to Terms and Conditions

Whisk Freight Brokerage, LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.

Opt Out

In the event you wish to no longer receive certain emails or other communications from us or would otherwise like to opt-out of certain Services, including by canceling your Account, you will have the opportunity to do so by following the applicable unsubscribe instructions provided in e-mails or other communications you receive from us, by following the Account cancellation instructions on our Website or Apps, or by contacting us directly at [email protected].

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Whisk Freight Brokerage, LLC in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with California Law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of California.

Whisk Freight Brokerage, LLC Details

The full name of Whisk Freight Brokerage, LLC is Whisk Freight Brokerage, LLC . You can contact Whisk Freight Brokerage, LLC at [email protected].