CargoSuccess.com

Terms of Use

Welcome to CargoSuccess.com

 1. ACCEPTANCE OF TERMS OF USE

By using CargoSuccess.com, you agree to be bound by all terms and conditions contained in the TOU (Terms of Use). If you do not agree with the terms and conditions of the TOU at any time, you will discontinue your use of CargoSuccess.com.

CargoSuccess.com reserves the right to update or revise the TOU at its discretion and without notice.  You are responsible for checking the TOU periodically for changes. You can review the most current version of the TOU at the current page. If you continue to use CargoSuccess.com following the posting of any changes to the TOU, you agree to be bound by those changes. 

In addition, when using particular CargoSuccess.com services, you and CargoSuccess.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.

The material that appears on CargoSuccess.com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing the services you've read about on CargoSuccess.com or that have been facilitated by CargoSuccess.com, you should confirm any information (including the price) that is important to your purchasing decision. CargoSuccess.com is not responsible nor makes any warranty or endorsement regarding any services being posted for sale on the message board or facilitated through the website. We are also not responsible for controlling the services provided by any Listing Agent or Carrier, or the losses that you the User may incur while dealing with another individual on the site. If a situation arises from a disputed transaction between you and another user of our site, CargoSuccess.com cannot and will not become involved due to the fact that we have no control of the transaction between a Listing Agent and a Carrier and other Users of this website.

ACCOUNT TYPES / ACCOUNT DEFINITIONS

a.     Broker / Listing Agent (Freight Broker; Shipper/Receiver of a manufacturing Company; or other third party logistics company - 3PL)

b.     Carrier (Freight Transportation Company / Owner Operator)

2. DESCRIPTION OF SERVICE

CargoSuccess.com is an online and interactive web application, consisting of load-listings. CargoSuccess.com is not an Auctioneer but is merely a third party listing provider. With its web application it allows the Listing Agent (ie. Broker) to list his/her/its transportation needs on one hand, while on the other hand it allows the Bidder (ie. Carrier) to submit his/her/its bids/offers in various listing formats to the Listing Agent. It is commonly referred to as an online load-board.  You further understand that the price and any other terms of any sale remain subject to direct negotiation between the Listing Agent and the Carrier. As a neutral facilitator in this virtual marketplace, CargoSuccess.com is not directly involved in the actual transactions between users of the Service. You understand and agree that CargoSuccess.com has no control over the truth, accuracy, quality, legality, or safety of postings made by users, listing Agents, brokers, shippers, receivers, bidders, carriers and the like. You understand and agree that CargoSuccess.com cannot and does not confirm or verify the identity, background, qualifications, or abilities of users, listing Agents, carriers and the like, nor does CargoSuccess.com guarantee the load-listings or services that are offered through this site. Therefore, we recommend that you be careful and exercise common sense and good judgment when dealing with any user of the Service.

3. LISTING AGENTS

WITH NO EXCEPTIONS, YOU (THE LISTING AGENT) MUST BE A LICENSED BROKER, SHIPPER / RECEIVER or FREIGHT FORWARDER IN ORDER TO REGISTER WITH CARGO SUCCESS. When posting a load-listing on CargoSuccess.com you are deemed Broker (third party freight forwarder) or Shipper / Receiver (manufacturing or third party logistics shipping/receiving company). Furthermore, you acknowledge that you are prepared to retain a Carrier on the terms that you have posted in your listing(s). To post a load-listing on CargoSuccess.com, the Listing Agents are required to provide accurate details of each load. The responsibility for the information in the posted load-listing rests with each Listing Agent. As a Listing Agent you agree to honour all terms of your load-listing between yourself and the Carrier that has the "winning bid" including the payment terms.

 Upon a successful load listing, the Listing Agent may receive an automatic email confirmation including but not limited to the name of the Carrier associated with the winning bid and the Carrier's contact information. In a case of "Successfully finished Fixed Price Sale" listing format, the Listing Agent reserves the right to void the winning bid at his discretion, within the first 60 minutes from the end of the listing and relist the same. If the Listing Agent chooses to void such winning bid, he/she must notify the winner in writing (either via email and/or fax) within those 60 minutes. If the Listing Agent fails to notify the Carrier (the Winner) within the specified time-frame, then the Listing Agent will not be allowed to void the winning bid and is deemed to accept the Carrier with the winning bid as a winner of the given listing. CargoSuccess.com advises listing agents that this practice should be used sparingly and that it reserves the right to investigate and suspend accounts of listing agents that regularly make this their practice.

If you are a Listing Agent who also owns service vehicles (trucks, trailers, freight transportation equipment, etc.) and would like to bid on load-listings posted on CargoSuccess.com then you must create a new separate Carrier account by selecting the business category "CARRIER" (on the Registration Page) and then registering as such.

CargoSuccess.com reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses this website in a manner that the operators of CargoSuccess.com deem inappropriate.

Although CargoSuccess.com cannot monitor every load-listing posted on our website, it reserves the right, but assumes no obligation, to delete, move, or edit any ads or other postings that it deems are either unacceptable or inappropriate, whether for legal or other reasons. By using CargoSuccess.com's services you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to use or enjoy CargoSuccess.com. CargoSuccess.com reserves the right to deny access and usage to anyone who it believes has violated any of the aforementioned terms of this policy.

You understand and agree that the Services are provided "AS-IS" and that CargoSuccess.com assumes no responsibility for the timeliness or non-delivery.

4. CARRIERS

WITH NO EXCEPTIONS, YOU MUST BE A LICENSED CARRIER (FREIGHT TRANSORTATION COMPANY) IN ORDER TO REGISTER WITH CARGO SUCCESS. To bid on load-listings posted on the CargoSuccess.com website, you are designating yourself as a "Carrier". "Carriers" are entities that are potentially interested in placing a bid on a load-listing on the CargoSuccess.com website and agree to carry out and honour the terms and conditions of the load-listing using their own vehicle (truck).

You MUST read all Terms and Conditions of "the listing(s)" you intend to bid on; including the Broker's Policy BEFORE you submit your bid(s).

Submitting your bid means that you agree to be bound by all terms and conditions (Including the Broker's Policy) contained in the listing.

The website provides a venue whereby Carriers can view load-listings that may be of interest to them, and the information that is available to contact the Listing Agent. We do not control the actual transactions between Listing Agents and Carriers.

When you win a listing, you are obligated to contact the Listing Agent via email, fax or telephone, as soon as possible and to confirm your commitment servicing the given load-listing.

If you are a Carrier with a winning bid (Carrier of choice) and are unable to carry out the terms and conditions of the load listing then you may transfer the load listing to another Carrier. Once you have determined that you are unable to carry out the terms of the listing then you must forward your winning confirmatory email to the respective Listing Agent and request to be given the opportunity to transfer the load listing to another Carrier registered with CargoSuccess.com. You must include the name and relevant contact information of the other member Carrier. The Listing Agent will then notify you in writing (email/fax) whether he/she/it approve of the other Carrier. If the Listing Agent approves of the new Carrier then you are required to notify the other Carrier with the Listing Agent's reply at which time the new Carrier must reply back to you and the Listing Agent officially accepting your winning listing.  From that moment the new Carrier is responsible for honouring the terms of the load listing. In the event that the Listing Agent does not approve of or agree with the choice of new Carrier then the Listing Agent and Carrier will negotiate a fair resolution or choice of a new Carrier.

Or, if you (the Carrier) have submitted a Quote for a listing, but cannot commit to it any more, you are obligated to "Retract" your bid as soon as possible "while the listing is still open". If the listing has ended, you MUST notify the Broker immediately (via Phone, Fax or Email). If you fail to do so and upon a Listing Agent's complaint, Cargo Success reserves the right to investigate and suspend your account temporarily and/or permanently.

You (the Carrier) must be prepared to supply the Listing Agent(s) with proof of applicable licences, insurance and registration and/or all other necessary Authorities in carrying out the terms of the load-listing and related transportation thereof.

You are required to retain all emails and faxes for duration of at least six months and if necessary provide copies of same to CargoSuccess.com.

5. RESTRICTED ACTIVITIES OF REGISTRANTS

CargoSuccess.com prohibits "Double booking/brokering" of loads by Listing Agents and Carriers.

If such occurrence takes place:

a)    You (the Carrier/winning bidder/winner of the listing) are liable for the load-listing you won or have been awarded with. Furthermore, you are liable for the listing(s) terms and conditions in full, including insurance of the same.

b)   CargoSuccess.com reserves the right to investigate the occurrence(s) and as result, your account might be suspended and/or temporarily terminated and/or suspended.

6. PRIVACY POLICY

Registration data and certain other information about you are subject to our Privacy Policy. For more information, please visit our full privacy policy described on our "Privacy Policy" page.

7. MINORS

Minors under the age of eighteen are not eligible to use our Service or to register for any types of accounts.  You (the parent / legal guardian) are fully responsible for your child's online conduct and the consequences of any misuse of the Service by your child.

8. USER REGISTRATION OBLIGATIONS

In consideration of your use of the Service, where applicable, you agree to:

a)          provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); and

b)          maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or CargoSuccess.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CargoSuccess.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You agree not to misrepresent yourself and/or your Company in any way and are fully liable to always keep your User's details up to date at all times. You MUST not register under a Company name which you are not currently employed in and/or without the permission/authorization from your manager. If you do so, you might jeopardize your and the Company's membership with CargoSuccess.com and agree your Credit Card (on file) to be charged a fine up to 3.000 USD penalty fee. Nevertheless, you might also be prosecuted to the full extent of the law and liable for all applicable damages and expenses of the prosecutor IN FULL.

9. USER ACCOUNT

You will receive an account designation, along with its associated User ID and Password, upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your User ID and Password, and you are fully responsible for all activities that occur under your account.

You agree to immediately notify CargoSuccess.com of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. CargoSuccess.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 9.

10. CargoSuccess.com CONTENT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.  You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

Under no circumstances will CargoSuccess.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users are those of the respective author(s) or distributor(s) and not of CargoSuccess.com.

CargoSuccess.com does not confirm or verify if a User claiming to be able to carry out the respective Services is qualified to provide the services and is in fact licensed or otherwise qualified to provide the services being requested.  You are solely responsible for the retrieval and use of the Content, transactions, products or services available on or through the Service.  You should apply your own judgment in making use of the Content, including, without limitation, the use of the Content as the basis for any conclusions or for the sale or purchase of any products or services or other transactions.

11. THIRD PARTY CONTENT

The Service provided by Listing Agents, Carriers or any other advertisers ("Advertisers") may provide, links to other websites or resources. As CargoSuccess.com has no control over such websites and resources, you acknowledge and agree that CargoSuccess.com is not responsible of those external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that CargoSuccess.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

12. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in the promotions of, Listing Agents, Carriers and other Advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advertiser(s). You agree that CargoSuccess.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers on the Service.

13. MONITORING

You acknowledge that CargoSuccess.com does not pre-screen Content, but that CargoSuccess.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, CargoSuccess.com and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CargoSuccess.com or submitted to CargoSuccess.com, including, without limitation, information in the message centre, professional profiles, customer projects, and in all other parts of the Service.

You acknowledge and agree that CargoSuccess.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with a legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CargoSuccess.com, its users and the public.

14. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that CargoSuccess.com may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that messages, profiles or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on CargoSuccess.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that CargoSuccess.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that CargoSuccess.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that CargoSuccess.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

15. PRICING CHANGES AND MODIFICATIONS

CargoSuccess.com may change its Service fees, or any other terms of this Agreement, at any time by updating the applicable pricing information or other terms posted on CargoSuccess.com website. New pricing terms will become effective beginning with the first full billing cycle after CargoSuccess.com posts such changes to its website. If you do not agree to any changes posted by CargoSuccess.com in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.

16. MODIFICATIONS TO SERVICE

CargoSuccess.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CargoSuccess.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

17. TERMINATION OF ACCESS

You agree that CargoSuccess.com, in its sole discretion, may terminate your account (or any part thereof) or use of the Service and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if CargoSuccess.com believes that you have violated or acted inconsistently with the letter or spirit of the TOU. CargoSuccess.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that CargoSuccess.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that CargoSuccess.com shall not be liable to you or any third-party for any termination of your access to the Service.

18. INDEMNITY

You agree to indemnify and hold CargoSuccess.com, and its parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.

19. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, re-sell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

20. CONTENT SUBMITTED BY USERS

CargoSuccess.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant CargoSuccess.com a world-wide, royalty free and non-exclusive license to publish the Content submitted.

21. FEEDBACK

You will be able to post feedback and comments about other users and other users will be able to post feedback and comments about you, on publicly accessible areas of the Service.  You acknowledge and agree that all comments and views contained in the feedback are those of the respective users and not of CargoSuccess.com.  You acknowledge and agree that under no circumstances will CargoSuccess.com be held responsible for the feedback and comments posted by any user or third party.

22. CargoSuccess.com's PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CargoSuccess.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

CargoSuccess.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by CargoSuccess.com for use in accessing the Service.

23. TRADE-MARK INFORMATION

CargoSuccess.com, the CargoSuccess.com logo, and other CargoSuccess.com brand names and logos are trade-marks of CargoSuccess.com and its parent company. All other company names, brand names and logos used on CargoSuccess.com are the trademarks of their respective owners.  You agree not to display or use in any manner any of the trade-marks without express written permission from CargoSuccess.com or the trade-mark owner.

24. COPYRIGHT INFORMATION

The Content on CargoSuccess.com is protected by various copyright laws.  You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately.

25. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.         YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CARGOSUCCESS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b.         CARGOSUCCESS.COM MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS THAT: (i) THE SERVICE OR RESULTS DERIVED FROM THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED BY YOU THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, UP-TO-DATE, COMPLETE, UNTAMPERED OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND (V) ANY DEFECTS OR ERRORS WILL BE CORRECTED.

c.         ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA.

d.         NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARGOSUCCESS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

26. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CARGOSUCCESS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CARGOSUCCESS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

27. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 25 AND 26 MAY NOT APPLY TO YOU.

28. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or USA or the country in which you reside.

29. NO AGENCY  

You and CargoSuccess.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this TOU.

30. GENERAL INFORMATION

The TOU constitute the entire agreement between you and CargoSuccess.com and governs your use of the Service, superseding any prior agreements between you and CargoSuccess.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

You and CargoSuccess.com expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Sale of Goods Act (Ontario), as amended, replaced or re-enacted from time to time.

Although this portal is physically located on a server in U.S.A., you acknowledge and understand that the laws of the province of Ontario and the federal laws of Canada shall apply without regard to the conflict of laws principles.  The Service and the Content are not to be construed as any form of recommendation, promotion, endorsement, or an offer to sell any product or service, by or to enter any transaction with CargoSuccess.com.

You and CargoSuccess.com agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada. The failure of CargoSuccess.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use shall be resolved by binding arbitration held in Toronto, Ontario and before a single arbitrator, who is independent of the parties, legally trained and experienced in the field of information technology, in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17.