1. Agreement to these Terms
These Terms of Service (“Terms”) are a binding agreement between you and [Legal entity name, e.g. Container Intermodal LLC] (“we,” “us,” or “our”) governing your use of ContainerIntermodal.com and related services (together, the “Site”).
By using the Site, creating an account, submitting a quote request, or buying a plan, you agree to these Terms and to our Privacy Policy. If you use the Site for a company, you confirm that you are authorized to bind that company, and “you” includes the company. If you do not agree, do not use the Site.
Please read Section 15 carefully. It requires most disputes to be resolved by individual binding arbitration and waives class actions and jury trials, unless you opt out within 30 days.
2. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use the Site. The Site is intended for business use in the United States.
You must give accurate account information and keep it current. You are responsible for keeping your password confidential and for all activity under your account. Tell us right away at [support@containerintermodal.com] if you suspect unauthorized use.
3. We are a directory, not a carrier or broker
The Site is an informational directory and communication tool. It lets shippers find drayage and intermodal carriers and send them quote requests, and it lets carriers advertise their services.
We are not a motor carrier, freight broker, freight forwarder, or shipper’s agent. We do not:
- arrange, book, dispatch, or perform transportation;
- set, negotiate, or guarantee rates;
- take possession of, or responsibility for, any cargo;
- receive any compensation that depends on whether a shipment moves or on its value.
Carriers pay us only to be listed and advertised. Any agreement for transportation is made solely between you and the carrier. We are not a party to it, and we are not responsible for its terms, performance, payment, rates, delays, loss of or damage to cargo, demurrage, detention, per diem, or any other charges or claims. Cargo claims must be made against the carrier under applicable law, including 49 U.S.C. § 14706 where it applies.
4. Listings and verification
Before publishing a listing, we check the company against the Federal Motor Carrier Safety Administration’s public records for an active USDOT number, active operating authority (MC number), and the liability insurance FMCSA requires on file. Companies that do not meet these requirements are not listed. We re-check listed companies periodically and may suspend or remove a listing whose registration, authority, or insurance appears to have lapsed.
These checks rely on public government records, which may be incomplete, delayed, or wrong, and they reflect only the date they were run. A license-checked or “verified” label is not a certification, endorsement, safety rating, or guarantee of a carrier’s authority, insurance coverage or limits, safety record, financial condition, quality, or performance at the time you hire it.
Listing content is supplied by carriers, and we do not guarantee that it is accurate, complete, or current. Before hiring any carrier, you are responsible for doing your own due diligence, including checking its USDOT and operating authority status and safety record with the Federal Motor Carrier Safety Administration and confirming adequate insurance coverage.
The order in which listings appear may depend on the carrier’s plan and other factors, and is not a ranking of quality. Paid placements are advertising.
5. Quote requests
When you submit a quote request, you direct us to send your name, contact details, and request to the carriers you selected, and you agree that those carriers may contact you about your request using the contact details you provide. You must give accurate information and only request quotes for genuine shipping needs.
We do not guarantee that any carrier will respond, quote, or accept your shipment. Quotes are offers from carriers, not from us.
6. Carrier listings and responsibilities
If you create or claim a company listing, you represent and warrant that:
- you are authorized to act for that company;
- everything in the listing is true, accurate, and not misleading, and you will keep it current;
- the company holds and will maintain all registrations, operating authority, permits, and insurance required by federal and state law for the services it advertises, including USDOT registration and FMCSA authority where required;
- you have the rights to all content you upload, including logos and documents;
- you will use quote requests only to respond to that request, and not send unsolicited marketing or sell or share requesters’ contact details;
- your communications with shippers will comply with applicable law, including the CAN-SPAM Act and the Telephone Consumer Protection Act.
You grant us a non-exclusive, worldwide, royalty-free license to host, display, reproduce, format, and distribute your listing content, including logos and trademarks, on the Site and in promoting the Site, for as long as the listing is on the Site and a reasonable time afterward.
We may review, edit for format, refuse, unpublish, or remove any listing at our discretion, including if we believe it is inaccurate, the company lacks required authority or insurance, or it violates these Terms.
7. Paid plans, automatic renewal, and cancellation
Some listing features require a paid plan. Plan features and prices are shown on the Plans page at the time you buy. Prices are in US dollars and do not include taxes, which you are responsible for.
Automatic renewal. Paid plans are subscriptions. When you subscribe, you authorize us, through our payment processor Stripe, to charge your payment method the plan price at the start of each billing period (monthly, unless the plan states otherwise) until you cancel. Your subscription renews automatically for successive billing periods at the then-current price unless you cancel before the renewal date.
How to cancel. You can cancel at any time from the billing section of your account dashboard, or by emailing [support@containerintermodal.com] from your account email address. Cancellation stops future renewals. Your paid features remain active until the end of the current billing period, and you will not be charged again. We will confirm your cancellation by email.
Refunds. Except where required by law, payments are non-refundable, and we do not give refunds or credits for partial billing periods or unused features.
Price changes. We may change plan prices. We will notify you by email at least 30 days before a price change applies to your subscription, and you may cancel before it takes effect.
Failed payments. If a payment fails, we may retry it, and we may suspend or downgrade paid features until it succeeds.
8. Acceptable use
You agree not to:
- post false, misleading, defamatory, or unlawful content, or impersonate any person or company;
- submit fake quote requests or listings, or use the Site to send spam;
- scrape, crawl, harvest, or copy listings or contact details by automated means, except search engines indexing public pages in line with our robots.txt;
- build or support a competing directory or database using content from the Site;
- probe, scan, or test the Site’s vulnerability, bypass security or rate limits, or interfere with its operation;
- upload malware or anything that infringes another person’s rights;
- use the Site in violation of any law, including transportation, privacy, and anti-spam laws.
9. Intellectual property
The Site, including its design, software, text, graphics, and the selection and arrangement of the directory, belongs to us or our licensors and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Site for its intended purpose under these Terms. Our names and logos may not be used without our written permission.
If you send us suggestions or feedback, we may use them without restriction or obligation to you.
10. Copyright complaints (DMCA)
We respect intellectual property rights and respond to notices under the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe content on the Site infringes your copyright, send a written notice to our designated agent, [DMCA designated agent name and address], email [legal@containerintermodal.com]. Your notice must include:
- your physical or electronic signature;
- identification of the copyrighted work;
- identification of the infringing material and where it is on the Site;
- your contact information;
- a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law;
- a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner.
We may remove the material and, where appropriate, terminate the accounts of repeat infringers. If your content was removed, you may send a counter-notice as described in 17 U.S.C. § 512(g).
11. Third-party sites and services
The Site links to carrier websites and uses third-party services such as Stripe. We do not control and are not responsible for them, their content, or their practices. Your use of them is at your own risk and subject to their terms.
12. Disclaimers
THE SITE AND ALL CONTENT AND LISTINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY LISTING, QUOTE, OR OTHER INFORMATION IS ACCURATE, COMPLETE, OR CURRENT. WE MAKE NO WARRANTY ABOUT ANY CARRIER, SHIPPER, OR OTHER USER, OR ABOUT ANY TRANSPORTATION OR SERVICE THEY PROVIDE. YOU ARE SOLELY RESPONSIBLE FOR YOUR DEALINGS WITH OTHER USERS.
Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, OR FOR ANY LOSS OF OR DAMAGE TO CARGO, DELAY, DEMURRAGE, DETENTION, OR OTHER CHARGES, ARISING OUT OF OR RELATING TO THE SITE, THESE TERMS, OR ANY DEALINGS BETWEEN USERS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
These limits apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as liability for fraud or for gross negligence or willful misconduct where the law does not allow it to be limited.
14. Indemnification
You will defend, indemnify, and hold harmless us and our affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: your use of the Site; your listing, content, or quote requests; any transportation or other dealings between you and another user; or your violation of these Terms, any law, or the rights of a third party. We may control the defense of any claim, and you will cooperate with us.
15. Dispute resolution, arbitration, and class action waiver
Informal resolution first. Before starting arbitration or a court case, the party with a dispute must send the other a written notice describing it and the relief sought. Send yours to [legal@containerintermodal.com]. Both parties will try in good faith to resolve the dispute within 60 days.
Binding arbitration. Except as stated below, any dispute, claim, or controversy arising out of or relating to the Site or these Terms, including their formation, scope, or enforceability, will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules or, if you use the Site as an individual consumer, its Consumer Arbitration Rules. One arbitrator will decide the case. The Federal Arbitration Act governs this section. The arbitration may be held by video or based on written submissions. Otherwise it will take place in the county where you live or where your business is based, or another location both parties agree on. The arbitrator may award the same individual relief a court could, and judgment on the award may be entered in any court with jurisdiction.
Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to protect its intellectual property or prevent misuse of the Site.
CLASS ACTION AND JURY TRIAL WAIVER: YOU AND WE EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL.
Mass filings. If 25 or more similar demands are filed by or with the help of the same counsel or coordinated parties, they will be administered in batches of up to 25 under the AAA’s mass arbitration procedures. Each batch will be resolved before the next begins, and the statutes of limitation for the remaining claims are tolled while they wait.
30-day opt-out. You may opt out of this arbitration agreement by emailing [legal@containerintermodal.com] within 30 days after you first accept these Terms. Your email must state your name, account email, and that you opt out of arbitration. Opting out does not affect the rest of these Terms.
Severability. If the class action waiver is found unenforceable for a claim, that claim will be severed and heard in court, and the rest of this section will still apply to all other claims.
16. Governing law and venue
These Terms are governed by the laws of the State of [State, e.g. Delaware] and applicable federal law, without regard to conflict-of-laws rules. Any dispute not subject to arbitration will be brought only in the state or federal courts located in [County and State for court proceedings], and you and we consent to their personal jurisdiction.
17. Suspension and termination
You may stop using the Site and close your account at any time. We may suspend or terminate your access, remove listings, or close accounts at any time if we reasonably believe you violated these Terms or the law, or if needed to protect the Site or other users. If we terminate a paid plan without cause, we will refund the unused portion of the current billing period. Sections that by their nature should survive termination will survive, including Sections 3, 4, 6 (license to listing content), 9 through 17, and 19.
18. Changes to the Site and these Terms
We may change or discontinue any part of the Site. We may update these Terms by posting a new version with a new effective date. If a change is material, we will notify account holders by email or a notice on the Site at least 30 days before it takes effect. Changes do not apply to disputes already pending. Continuing to use the Site after changes take effect means you accept them. Material changes to Section 15 will not apply to claims that arose before the change.
19. General terms
Entire agreement. These Terms, the Privacy Policy, and any plan terms shown at purchase are the entire agreement between you and us about the Site.
Severability and waiver. If any provision is held unenforceable, it will be limited to the minimum extent necessary and the rest will remain in effect. Our failure to enforce a provision is not a waiver.
Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
Electronic communications. You consent to receive agreements, notices, and other communications from us electronically, and agree that they satisfy any legal requirement that they be in writing.
No relationship. Nothing in these Terms creates a partnership, joint venture, employment, agency, or brokerage relationship between you and us.
California users. Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
20. Contact us
- [Legal entity name, e.g. Container Intermodal LLC]
- [Registered mailing address]
- Legal notices: [legal@containerintermodal.com]
- Support: [support@containerintermodal.com]