1. Introduction. The CoLoadXCorporation (“CoLoadX” or the “Company”) is a Delaware corporation that serves solely as a digital ocean freight marketplacethat was conceived, designed and built by a team of highly experienced freight forwarders, non-vessel operating common carriers (“NVOCC’s”)and purchasers of logistics services. CoLoadXowns and operates www.CoLoadX.com (the “Website”). This new and innovative platform providespurchasers of ocean cargo space(“Purchasers”)with easy access to excellent rates and a shortened timeframe in which to obtain the most competitive rates. NVOCC’s, as sellers of ocean cargospace, have access to a new and reliable mechanism through which they can easily and efficientlyconnect with Purchasers. NVOCC’s and Purchasers accessing the Website are collectively referred to herein as “Users” or individually as a “User.”CoLoadXoperates both a public marketplace and several private marketplaces. The public marketplaces is available to all Users. Private marketplaces function with only licensed ocean freight forwarders as Purchasers and NVOCC’s as sellers of ocean cargo space.
4. CoLoadx is a Facilitator Only. The Website is an exchange that serves as a vehicle through which NVOCC’s and Purchasers are connected. In all cases, agreements for the provision of transportation services are entered into between Users and are governed by the terms and conditions of service or other documentation issued by the NVOCC and will be provided by the NVOCC to the Purchaser. Accordingly, any dispute relating to the agreement between Users is solely between such Users and does not involve CoLoadX. CoLoadX is not a transportation provider or freight broker and is not a party to any transaction between Users. CoLoadX serves ONLY as a neutral facilitator. CoLoadX does not endorse any NVOCC.
5. No Representations or Warranties; Compliance with Laws. CoLoadX does not verify the information provided by the Users, nor does the Company make any representations or warranties relating to the accuracy of the information provided by any User. Each NVOCC is solely responsible for ensuring compliance with all applicable federal, state and local laws, rules and regulations, including but not limited to those relating to licenses, permits, registrations, authorizations and bonds. Furthermore, CoLoadX makes no representations or warranties regarding the quality of the services provided by any particular NVOCC, the reputation of any NVOCC or the accuracy of any content or information provided by any User. Access to the Website and the services provided by CoLoadX are provided “as-is” and CoLoadX specifically disclaims any and all warranties, conditions or representations (express, implied, statutory, oral or written) with respect to the Website and the service provided by CoLoadX, including, without limitation, any and all warranties of merchantability or fitness or suitability for any particular purpose, whether alleged to have arisen by law, by reason of custom or usage in the industry, or by course of dealing.
7. Fees and Charges of NVOCC/Sellers. All quotes and rates by an NVOCC shall include the transportation charges, any applicable surcharges, taxes and fees.
Rates and charges are shown in US Dollars unless otherwise specified.
Rates are subject to space and equipment availability.
Rates are quoted to the destination port only and do not include any delivery charges at destination.
Shipper is responsible for loading, blocking, and bracing of the container.
Marine insurance, duties, taxes or government related charges are not included.
For Port-to-Port rates Carrier Chassis is not provided for port-to-port.
Rates are subject to DTHC and other destination fees when applicable.
FAK General Cargo commodity exclusions: solid waste, electronic waste, forest products, agriculture products, resins, tobacco, clays, raw hide skins, leather, cotton, iron, steel, aluminum and aluminum articles, alcoholic beverages and spirts, household goods & personal effects, hazardous cargo, cargo requiring special equipment.
Payment terms from the Forwarder/Buyer to CoLoadX are due 4 days before arrival at destination.
Remittance from CoLoadX to the NVOCC/Seller is 3 days prior to scheduled arrival.
8. CoLoadx Fees and Charges.
In the private marketplaces, the fees and charges of CoLoadX are paid by the owner of the specific Private Marketplace. Terms are defined in the CoLoadX User Agreement between CoLoadX and the Private Marketplace owner.
9. Relationship to CoLoadx. Use of the Website does not confer any agency, partnership, affiliation, association, employment, independent contractor or other relationship between CoLoadX and the User.
11. Limitation of Liability. The maximum liability of CoLoadX to any User shall not exceed the greater of (i) the total sum of fees paid to CoLoadX by User during the three (3) months immediately preceding the date of the claim asserted by User; or (ii) US$500.00. Under no circumstances shall CoLoadX be liable for any indirect, consequential, incidental, special, punitive or exemplary damages arising out of or relating to the use of the Website, including without limitation damages for lost profits, lost revenues, loss of goodwill, loss of data, service interruption, computer damage, system failure or interference with business, regardless of the foreseeability of such damages.
13. Notice Pursuant to the Digital Millennium Copyright Act of 1998 (DMCA Notice). CoLoadX respects the intellectual property rights of others and expects those accessing the Website to do the same. If any User or other visitor to the Website believes that their work has been copied without their authorization or used in any manner that constitutes copyright infringement, or any User or other visitor to the Website believes that their intellectual property rights have been otherwise violated, notification may be submitted in accordance with the Digital Millennium Copyright Act of 1998, a copy of which can be found on the U.S. Copyright Office website (http://www.copyright.gov/legislation/dmca.pdf). Such notification must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf. Notices regarding claims of copyright or other intellectual property infringement should be submitted to info@CoLoadX.com or to The CoLoadX Corporation, 150-14, 132nd Avenue, Jamaica, NY 11434 (Attention: Administrator).