Terms of Service

The Terms of Service (“Terms”) describe the terms pursuant to which TBS Factoring Service, LLC (“TBS’” “we” or “us”) offers you access to SEARCH4FREIGHT.COM. This agreement governs the use including the website, mobile versions, emails, phone or computer applications and any other manners in which the services are offered. These terms of service apply when you access, visit or use the load board. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE SITE.

SEARCH4FREIGHT is intended only for use as a neutral location where brokers, carriers and shippers may meet; as such we have no control over the quality, safety, or legal aspects of the transactions that may take place. It is essential that you ensure your own due diligence for every transaction. TBS will not perform any screening on the posted information.

Although SEARCH4FREIGHT aims to provide you with the most up to date and accurate information we cannot guarantee or certify the accuracy or reliability of the information. Reliance upon or use of the service is at your own risk.

Although safety data may be posted it is from various sources, therefore it is essential that you make your own determination regarding safety and legality. It is your sole responsibility to check the credentials, including but not limited to the safety/authority record, of any party introduced by our Service.

1. Eligibility of Usage

  1. You certify that there is no conflict of interest which prevents you from entering this agreement and agreeing to each term
  2. That you are allowed to make business decisions on behalf of the company for which you enter this agreement
  3. You agree that you conduct your business in an ethical manner and shall not engage in any illegal, deceptive, misleading or fraudulent practice
  4. You are a motor carrier, bona fide shipper, freight broker or freight forwarder and legally allowed to operate in the capacity you represent yourself
  5. You maintain appropriate authority and will cease immediately to use the Service if for any reason authority is made inactive
  6. You will not represent yourselves as operating under the authority of any company without express permission from such company
  7. You will not attempt to broker freight without proper legal authority
  8. You will not enter into any transaction to transport freight without the appropriate carrier authority
  9. You will not enter into any transaction to transport freight without the appropriate level of insurance coverage or bond
  10. You will not enter into a transaction to transport freight outside the geographic bounds of your carrier authority
  11. You will not enter into a transaction to transport commodities you are not authorized to transport

2. Approved Usage

  1. That your use is solely for commercial purposes related to your movement of freight and that access or use is not for the purpose of competing with TBS or SEARCH4FREIGHT.
  2. You will not allow non-registered users access to the Service and will never provide your password to any non-registered user, nor share any information with any non-authorized users. It is a violation of these Terms & Conditions to share your login.
  3. You shall not resell or assign your rights or obligations under these Terms of Service.
  4. Any violation of the above may result in immediate termination of your registration and access to the Service, enforcement by any legal remedy under state and/or federal law. If a legal remedy is sought you shall be responsible for legal costs, including without limitation, including reasonable attorney fees.
  5. You will maintain and update your account to maintain its truthfulness, accuracy, and completeness.

3. Confidentiality/Limited Disclosure

Confidential Information means information about the Company and its Customers, Customer Prospects, and/or Vendors that is not generally known outside of the Company, which you will learn of in connection with your contractual agreement with the Company. Confidential Information may include, without limitation: applications, graphics, software, business policies, customized software, marketing tools, the identity of the TBS’s Customers, Customer Prospects, and/or Vendors, and the account terms and pricing of sales contracts between the Company and its Customers.

You agree that you will not directly or indirectly divulge confidential information obtained during your usage.

All content is the property of TBS and is protected by copyright, trademark and other intellectual property laws. The content may not be distributed, copied or displayed, reproduced or transmitted in any form or manner whatsoever unless you have previously obtained permission from an authorized officer of TBS.

TBS will similarly make every effort to guard against those that may attempt to misuse your information. However, you agree that by accessing the site and adding information you alone are responsible for any disclosure of information posted and although TBS makes every effort to protect your information we cannot control who may obtain and use your information once posted.

TBS retains the right to terminate any user's registration or any user's access to the Service, at any time, in our sole and independent discretion and judgment. If you are submitting content to our Service, you warrant and represent that the information is accurate, that you are authorized to submit the information, and that the information content, format and delivery method is appropriate. In order to protect each user we reserve the absolute right to review, reject or modify the information submitted in our sole and independent discretion. By transferring information you agree that TBS, its affiliates, and assigns are licensed to use the information in a manner we deem reasonable in our sole and independent judgment.

4. Privacy Policy

In connection with your use of the Service, we may periodically contact you via text, email, mail or by phone to discuss your use of the load board or other available services.

5. Cookies

We may automatically collect information from you when you use the Service using “cookies”. Cookies are small amounts of data that are stored within your computer’s internet browser and that are accessed and recorded by the websites that you visit so that they can recognize the same browser navigating online at a later time.

Information that may be collected by cookies when you use the Service may include, without limitation:

  1. the pages you visit within the Service;
  2. the pages you visit within the Service;
  3. the amount of time you spend using the Service;
  4. the Internet Protocol (IP) address used to connect your computer to the internet; and/or
  5. your computer and connection information such as your browser type and version, operating system and platform.

6. TBS is Not Responsible for the Content

The service, content and products in connection with SEARCH4FREIGHT are offered exclusively on an “as is” basis and at your own risk. In order to use this service you must understand and acknowledge that information posted may be inaccurate or include errors and the TBS is not liable for any damage as a result of detrimental reliance.

TBS disclaims all responsibility for content and services on and made available through this service, TBS disclaims and responsibility whether express or implied, written or oral, arising from course of dealing, course of performance, usage of trade or otherwise. This agreement limiting liability specifically, but not limited to includes, the implied warranties of merchantability, fitness for a particular purpose, accuracy, title, quality, systems integration, and non-infringement.

TBS shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including, without limitation, lost revenues or lost profits, which may or does result from the use of, access to, or inability to use this Service, the content, or the products or services connected therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail their essential purpose. You acknowledge that TBS's sole obligation and exclusive responsibility in the event of material and continuing non-conformity, defect or error in the Service shall be to take reasonable corrective actions upon discovery of the problem. TBS’ liability is limited to the fullest extent permitted by law.

You expressly agree to defend, indemnify, and hold harmless TBS, its subsidiaries, affiliated companies, and all of their respective directors, officers, employees, representatives, proprietors, partners, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including without limitation attorneys' fees and litigation expenses) relating to or arising from this Service, your use of this Service (or any derivatives of this Service offered) or any use under your password whether or not authorized by you, your fraud, violation of law, or willful misconduct, and any breach of these Terms & Conditions, including, but not limited to, your use of our site, uploading, emailing, posting, publishing, transmitting or submitting any content related to our site, or any misrepresentation, breach of warranty or certification made by you.

7. Amendments

We may amend these Terms of Service from time to time. We will post any material changes to these Terms with a notice advising of the changes on the site. The terms may change requiring you to reconfirm your agreement, any changes are at the sole discretion of TBS Factoring Service, LLC (“TBS”), agreement to the terms and conditions in its entirety are required for use of this site. We reserves the right to modify, discontinue or suspend any aspect of the Service or site, and to impose limitations/restriction or restrict access without notice or liability. If you do not agree to be bound by the terms, do not use or access the site.

8. Choice of Law and Forum

These Terms shall be interpreted and construed in accordance with the laws of the State of Oklahoma. Any dispute, action or proceeding arising out of or relating to the Terms of Service shall be within the exclusive jurisdiction of the District Court in and for Oklahoma County, Oklahoma or the United States District Court for the Western District of Oklahoma.

9. Assignability

You may not assign or delegate any right or obligation you have under these Terms of Service, whether by operation of law or otherwise, without the prior written consent. TBS may assign or delegate any right or obligation under these Terms, whether by operation of law or otherwise, without your consent.

10. Waiver and Severability

Our failure to exercise of enforce any of these Terms of Service or to act with respect to a breach by you or others will not constitute a waiver and does not waive our right to act with respect to any subsequent or similar breaches. If any provision(s) of this Agreement is held to be invalid, illegal or unenforceable in any way, the remaining provisions shall nevertheless continue in full force and effect without any impairment or invalidation.

11. Headings

Headings are for reference purposes only and do not limit the scope or extent of such sections.

12. Entire Agreement

These Terms or Service (including incorporated policies and rules) set forth the entire understanding and agreement between us with respect to the subject matter hereof.

13. Third Party Beneficiaries

These Terms of Service are between you and TBS. There are no third party beneficiaries.

14. Independent Contractor

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service or use of the load board.

15. Contact Information

If you have questions about these Terms of Service or your account, you may contact us by telephone at (800)207-7661 or by postal mail at P.O. Box 18109, Oklahoma City, OK 73154 Attn: TBS Velocity Customer Service.

16. Opt-in Terms TBSINFO Mobile: Summary Terms & Conditions

Our mobile text messages are intended for subscribers over the age of 13 and are delivered via USA short code 95577. You may receive up to 4 message(s) per month of text alerts. Message & Data Rates May Apply. This service is available for phones with text messaging capabilities, and subscribers on AT&T, Verizon Wireless, T-Mobile(r), Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial Wireless, Unicel, U.S. Cellular(r), and Boost. For help, text HELP to 95577, email genie@tbsokc.com, or call +1 4055284490. You may stop mobile subscriptions at any time by text messaging STOP to short code 95577.