All content on the Site (the "Site Content") is the proprietary property of the Load Lift, its users or its licensors with all rights reserved. No content found on the Site ("Site Content") may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Load Lift's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your use, provided that you keep all proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited except to the extent specifically permitted in this Agreement. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Load Lift, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Trademarks

The Load Lift trademark and other Load Lift graphics, logos, designs, page headers, button icons, scripts and service names are the exclusive property of Load Lift. Load Lift's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Load Lift.

User Conduct

You understand that the Site Content and other information found on the Site is available only for the intended uses set forth above. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, or contain unlawful material.

In addition, you agree not to use the Site to:

• harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account without authorization from the Load Lift.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Load Lift, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Load Lift or its users to any harm or liability of any type.

User Content Posted on the Site

You are solely responsible for the content you post on the Site. You may not post, transmit, or share User Content on the Site that you do not have permission to post. You understand and agree that Load Lift may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content which, in its sole discretion, violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.

You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Load Lift may retain archived copies of your User Content.

User Disputes

You are solely responsible for your interactions with other users of the Load Lift Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Disclaimers

All information provided by Load Lift through the Site is provided "as is", with no warranties, either express or implied, including the implied warranty of fitness for a particular purpose. Furthermore, Load Lift does not guarantee or warrant the correctness, completeness, currentness or utility for any general or specific purpose of the data made available through the access of the Site. In no event shall Load Lift be liable for any damages, of any nature whatsoever, arising out of your use of, or your inability to use the Site. Although Load Lift has made every effort to provide accurate and up-to-date information, we accept no responsibility for loss, injury or nconvenience you or any other person may sustain by using this website due to information being out of date.

Load Lift is not responsible or liable in any manner for any User Content posted on the Site, or for the consequences of a contact made by and between users of the Site. Load Lift disclaims any liability for loss, injury, damages and/or claims that may arise from such contacts. If you are a shipper who establishes contact with a trucker through the use of information obtained from the Site, it is your responsibility to investigate and determine the suitability of the trucker to carry your load. If you, as shipper, suffer a loss from the handling of your goods by a trucker whose contact you may make on the Site, or your goods are damaged in transit, that is not in any way the responsibility of Load Lift. If you are a trucker who makes contact with a shipper through use of the Site, Load Lift will not be responsible if you are not paid for carrying the shipper's load. Under no circumstances will Load Lift be responsible for any loss or damage to any User of the Site resulting from anyone's use of the Site or any interactions between Users of the Site.

The Site and all User Content are provided "as-is" and Load Lift disclaims any and all representations and warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Load Lift cannot guarantee and does not promise any specific results from use of the Site. Load Lift does not represent or warrant that content on the site is accurate, complete, reliable, current or error-free. Without limiting the foregoing, you understand and agree that your use of information learned through the Site is at your own discretion and risk and that you will be solely responsible for your use thereof and any loss or other harm of any kind that may result.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. Load Lift assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.

In no event will Load Lift or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including any lost profits arising from your use of the Site or any of the Site Content, even if Load Lift is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Load Lift's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you, if any, for your use of the Site, and in no case will Load Lift's liability to you exceed $100. You acknowledge that if no fees are paid to Load Lift for your use of the Site, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to monetary damages of any kind from Load Lift, regardless of the cause of action.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

Governing Law; Venue and Jurisdiction

By visiting or using the Site, you agree that, without regard to principles of conflict of laws, the laws of the State of California will govern these Terms of Use and any dispute of any sort that might arise between you and Load Lift. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and more specifically in the Superior Court of the State of California for the County of Fresno, and/or the United States District Court for the Eastern District of California, Fresno Division, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

Arbitration

You and Load Lift agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms of Use, the Site (including your use of the Site) shall be final and binding arbitration, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the
other party's patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through Load Lift and that do not involve Load Lift shall be limited by this arbitration clause.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Load Lift will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration or claim under these Terms of Use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Site, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you, which is related in any way to the Site (including your use of information obtained from the Site) be instituted more than three (3) years after the cause of action arose.

Indemnity

You agree to indemnify and hold Load Lift, its subsidiaries and affiliates, and each of their directors, officers, agents, attorneys, contractors, members, partners and employees, free and harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other Users of the Site, or any violation of this Agreement, or of any law, or the rights of any third party.

Notice

Unless expressly provided to the contrary, communications with Load Lift by e-mail shall in no event constitute legal notice to Load Lift or to any of its officers, employees, agents or representatives. In order to be valid, notice must be given by certified mail, return receipt requested, posted to Load Lift, Inc., Post Office Box 6362, Fresno, CA, 93703.

Other

These Terms of Use constitute the entire agreement between you and Load Lift regarding the use of the Site, superseding any prior agreements between you and Load Lift relating to your use of the Site. The failure of Load Lift to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity or ability to enforce any remaining provisions.