logo
855-855-1285
call-us
  • banner
  • Terms and Conditions

    Terms & Conditions

     

    The following Terms & Conditions (“Terms & Conditions”) govern the use of the NewcombHeavyHaul.com service, which may consist just of the NewcombHeavyHaul.com website and service offerings (“Service”). Use of the NewcombHeavyHaul.com service is acceptance by you (“You”) of these Terms & Conditions. “You” refers to the individual using the Service and if You use the Service on behalf of a corporation, LLC, partnership, or other business entity, then You shall include that business entity and any individuals associated therewith using our Service.

     

    Once You accept these Terms & Conditions, You hereby acknowledge and agree that at any time, and at its sole discretion, NewcombHeavyHaul.com may modify the Terms & Conditions by posting the modified Terms & Conditions on the Service, accessible via a link entitled NewcombHeavyHaul.com Terms & Conditions associated with this Service and/or site or any successor site explicitly designated. If You do not agree to these Terms & Conditions, You are not granted permission to use the Service.

     

    APPROPRIATE USE:

     

    You acknowledge that our Service is a neutral venue where customers may meet; as such we have no control over the quality, safety, or legal aspects of the transactions that may take place.

     

    You certify:

     

    For NewcombHeavyHaul.com freight match Services:

    - You are a bona fide shipper, freight broker, 3PL, freight forwarder, intermodal or rail company or motor carrier of a legal age to operate and to enter into an agreement of this nature.

    - You shall maintain appropriate authority and will cease immediately to use the NewcombHeavyHaul.com Service if for any reason You no longer maintain such authority.

    - You will not represent yourselves as operating under the authority of any company without express permission from such company.

    - You will not attempt to broker freight without proper legal authority.

    - You will not enter into any transaction to transport freight without the appropriate carrier authority.

    - You will not enter into any transaction to transport freight without the appropriate level of insurance coverage or bond.

    - You will not enter into a transaction to transport freight outside the geographic bounds of your carrier authority.

    - You will not enter into a transaction to transport commodities You are not authorized to transport.

    - That your use of the NewcombHeavyHaul.com Service is solely for your commercial purposes related to your movement of freight or other services offered by NewcombHeavyHaul.com on the Service and that You shall not reproduce, republish, resell, or distribute such information in any format, in whole or in part, for sale or commercial use by third parties.

    - Your access or use of the Service is not for the purpose of competing with NewcombHeavyHaul.com with respect to its services offered. You agree any violation shall create irreparable harm.

    - That without prior written permission of NewcombHeavyHaul.com, You will not allow non-registered users access to the NewcombHeavyHaul.com Service and will never provide your password to any non-registered user, nor will You share any information from the Service with any non-authorized users. It is a violation of these Terms & Conditions to share your login.

    - You shall not resell or assign your rights or obligations under these Terms & Conditions.

    - You agree that any violation of the above may result in (1) immediate termination of your registration and access to the Service, (2) enforcement by NewcombHeavyHaul.com availing itself of any legal remedy under state and/or federal law. If NewcombHeavyHaul.com seeks a legal remedy, You shall be responsible for legal costs, including without limitation, reasonable attorney fees.

    - You shall conduct your business in an ethical manner and shall not engage in any illegal, deceptive, misleading or fraudulent practice.

    - Use of any import/export capability to transfer NewcombHeavyHaul.com information from your computer system shall be restricted to one or more identified computers located at your address(es), and shall not be distributed to any other location(s). Unless otherwise stated, all information downloaded or exported from NewcombHeavyHaul.com Services is intended for use by You and shall not be distributed to any other users or locations.

    - NewcombHeavyHaul.com reserves the right to limit concurrent user sessions based upon your package subscription.

     

    NEWCOMBHEAVYHAUL.COM DISCLAIMER:

     

    NewcombHeavyHaul.com presents information in many ways; most often on our websites; always as a service to You. Our goal is to provide the most accurate information available in our complex and constantly changing transportation marketplace. While we endeavor to be as accurate and timely as possible, we make no warranty or guarantee concerning accuracy, reliability, completeness, or suitability, and provide all information AS IS. Use of our Service is at your own risk. NewcombHeavyHaul.com does not make safety determinations; we report safety data using government data including, but not limited to FMCSA records. The NewcombHeavyHaul.com carrier compliance product is aggregate content NewcombHeavyHaul.com receives from government and commercial sources customarily determined to be reliable. NewcombHeavyHaul.com endeavors to keep this information as updated as possible, however, You must make your own determination as to safety, authority and/or business practices. NewcombHeavyHaul.com provides a venue for brokers, carriers and shippers to meet in order to offer, sell and buy services. NewcombHeavyHaul.com is not involved in the actual transaction between buyer and seller. While we may help facilitate, we have no control over and do not guarantee safety or legality. It is your sole responsibility, as a user of the Service, to check the credentials, including but not limited to the safety/authority record, of any party introduced to You by our Service.

     

    CHANGE TO TERMS & CONDITIONS/SERVICE & DISCONTINUANCE:

     

    NewcombHeavyHaul.com may, from time to time, at our sole discretion, make changes to certain of the Terms & Conditions. Notification of any changes will be highlighted on the NewcombHeavyHaul.com Service associated with these Terms & Conditions or site, accessible via a link entitled NewcombHeavyHaul.com Terms & Conditions. Your continued use of the Service after any changes shall constitute your agreement. NewcombHeavyHaul.com reserves the right (1) to modify, discontinue or suspend any aspect of our Service or site at anytime, and (2) to impose limitations/restriction or restrict access to our Service without notice or liability.

     

    CONFIDENTIALITY/NON-DISCLOSURE:

     

    NewcombHeavyHaul.com may disclose to You, or You may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software technologies, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by these Terms & Conditions. Any disclosure of Our Information to a third party, specifically including a direct competitor, is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of the Service or any agreement associated herewith. Furthermore, You acknowledge that Our Information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

     

    EMAIL COMMUNICATION:

     

    A key part of our Service is email communications with our users. By using our Service, You agree that we may send You email, that You have elected to participate in our email program, that NewcombHeavyHaul.com may forward email messages to You and that You further elect to receive electronic messages without limitation from NewcombHeavyHaul.com. You may elect to opt out of marketing emails from NewcombHeavyHaul.com business partners or associates.

     

    INTELLECTUAL PROPERTY:

     

    All content on our Service (e.g., text, applications, graphics, forums, logos, trademarks, information, and software) is the property of NewcombHeavyHaul.com and is protected by U.S. and international copyright, trademark and other intellectual property laws. The content on our site 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 NewcombHeavyHaul.com.

     

    YOUR ACCOUNT:

     

    To access our Service You must register. You agree to provide true, accurate and complete information as prompted by the registration form and all forms You access in our site or receive directly from a NewcombHeavyHaul.com representative, and You agree to update this information to maintain its truthfulness, accuracy, and completeness.

     

    OTHER SITES:

     

    This Service may, from time to time, contain links to other Internet websites for the convenience of users in locating information, products, or services that may be of interest. These sites and any other sites operated or maintained by third parties are operated or maintained by organizations over which NewcombHeavyHaul.com exercises no control, and NewcombHeavyHaul.com expressly disclaims any and all responsibility for the content, information, links, and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on these third-party sites. NewcombHeavyHaul.com does not control, endorse, promote, or have any affiliation with any other website unless expressly stated herein.

     

    MOBILE SERVICES:

     

    NewcombHeavyHaul.com may provide certain services that are available to You via your mobile phone or other mobile device if You have subscribed to them, including the ability to use your mobile device to receive and reply to messages from NewcombHeavyHaul.com and access certain other features (collectively, the "Mobile Services"). Your mobile carrier's normal messaging, data, and other rates and fees may apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, You are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services and how much they will cost You. By using the Mobile Services, You agree that NewcombHeavyHaul.com may communicate with You by SMS, MMS or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to NewcombHeavyHaul.com. In the event You change or deactivate your mobile telephone number, You agree to promptly update your mobile subscription account information with us to ensure that the messages NewcombHeavyHaul.com intends to send to You are not sent to another entity who acquires such mobile telephone number.

     

    DRIVER SAFETY:

     

    You agree to assume full responsibility to drive safely, observe all traffic rules/laws and use your own personal best judgment while driving. You agree that You will not enter or change information or otherwise interact with the Service while driving.

     

    COMMUNICATIONS WITH THE SERVICE:

     

    NewcombHeavyHaul.com welcomes your feedback and suggestions about how to improve our Service. By transmitting any suggestions, information, material, or other content (collectively, "User Content") to NewcombHeavyHaul.com, You automatically grant NewcombHeavyHaul.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such User Content (in whole or part) throughout the universe and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. Further, NewcombHeavyHaul.com is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications You send to this Service for any purpose whatever, including, but not limited to, creating and marketing products or services using such information.

     

    WE PROTECT OUR USER BASE:

     

    We have built the Service for your use. We try to guard our users against those that may attempt to take advantage of others or who simply do not follow the rules. Therefore, You understand that we have 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 NewcombHeavyHaul.com, its affiliates, and assigns are licensed to use the information in a manner we deem reasonable in our sole and independent judgment.

     

    DISCLAIMER OF WARRANTY AND LIABILITY:

     

    THIS SERVICE AND THE CONTENT ON AND MADE AVAILABLE HEREIN, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE ON AN "AS IS" BASIS ONLY. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. NEWCOMBHEAVYHAUL.COM MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SERVICE AND THE CONTENT ON AND MADE AVAILABLE THROUGH THIS SERVICE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT.

     

    NewcombHeavyHaul.com 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 NewcombHeavyHaul.com 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, and in no event shall NewcombHeavyHaul.com and/or its third party information provider's cumulative liability under these Terms & Conditions exceed the total fees paid by You to NewcombHeavyHaul.com during the preceding 6 months. NewcombHeavyHaul.com liability is limited to the fullest extent permitted by law.

     

    INDEMNIFICATION:

     

    You agree to defend, indemnify, and hold harmless NewcombHeavyHaul.com, its contractors/subsidiaries/affiliated companies, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, 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 to You) or any use under your password whether or not authorized by You, your fraud, violation of law, or willful misconduct, and any breach by You 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.

     

    ADVERTISMENTS, MEDIA POSTINGS, MONITORING, INDEMNIFICATION:

     

    NewcombHeavyHaul.com allows companies to present advertising messages on its Service, but does not represent or endorse the accuracy or reliability of any of the advertisements (collectively), i.e., links, downloads, distributions and other information accessed directly or indirectly from third-party advertisements contained on this Service, nor the quality of any products, information or other materials displayed, purchased or obtained by any consumer, as a result of an advertisement or any other information or offer in connection with the Service or products. Although NewcombHeavyHaul.com may, from time to time, monitor or review discussions, chats, blogs, forums, social media postings, transmissions, bulletin boards, and the like on the Service, NewcombHeavyHaul.com is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Service. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that could be considered a criminal offense, give rise to civil liability, or otherwise violate any law. NewcombHeavyHaul.com will fully cooperate with any law enforcement authorities or court order requesting or directing NewcombHeavyHaul.com to disclose the identity of anyone posting any such information or materials. NewcombHeavyHaul.com reserves the right to remove messages or material posted by You, as a user of the Service, to message boards or other areas, at its sole discretion. By submitting messages and/or materials to the Service, You agree to indemnify, defend and hold harmless NewcombHeavyHaul.com from all damages, costs and expenses, including reasonable attorneys' fees and costs arising out of all claims, challenges or actions, including claims for infringement, libel and slander, related to your submission.

     

    FEES/PAYMENTS/CREDIT/CANCELLATION: (Not engaged at this time)

     

    You shall pay all fees at the current rates in accordance with the current NewcombHeavyHaul.com payment policies, which may be modified from time to time at the sole discretion of NewcombHeavyHaul.com; customarily by written notice. You are responsible for all applicable taxes. Services require pre-paid fees unless otherwise stated. If any amount due NewcombHeavyHaul.com is not paid as specified, such amount may be subject to a finance charge, equal to 1.5% of the unpaid balance per month (18% per annum) or the highest amount allowable by law whichever is greater. NewcombHeavyHaul.com shall apply all payments on accounts first to finance charges, and the remainder, if any, to the principal. NewcombHeavyHaul.com reserves the right to hold You responsible for reasonable costs associated with collection, including but not limited to collection agency fees.

     

    Payment is due on or before bill date while Service is active even if not used. You agree that any returned payment may be subject to a returned payment fee. Failure to make payments may result in loss of promotion or discount applied to your account. Prices are subject to change upon notice. NewcombHeavyHaul.com reserves the right to deny Service to anyone at its sole discretion and to cancel Service upon reasonable notice and/or reasonable attempts to notify. For credit card customers, You understand that your credit card may be charged for the Services selected immediately upon activation. Thereafter, your credit card may be charged in advance for Services provided.

    With respect to accounts created using a credit card, You authorize automatic credit or charge card billing by NewcombHeavyHaul.com and agree the charges will be billed by NewcombHeavyHaul.com to any credit or charge card that You have provided to NewcombHeavyHaul.com. You understand that all fees and charges are nonrefundable. You agree that NewcombHeavyHaul.com will not be responsible for any expenses that are incurred resulting from overdrawing bank accounts or exceeding credit limits as a result of an automatic charge by NewcombHeavyHaul.com.

     

    You may cancel your account any time before your monthly billing date by calling 888.565.3921. At that time, you will be instructed to complete a brief survey. You may also cancel online by logging in and accessing your Account Settings. No further charges will be assessed, provided you complete the email survey before your next bill date. It is your responsibility to complete the survey in order for your account to be canceled. In the event that you cancel your subscription, the unexpired portion of your subscription will not be refunded, applied to another subscription, or transferred to anyone else and is not convertible to cash or other form of credit. Payments made as part of a monthly subscription cannot be used as credit toward annual subscription charges and are non-transferable. Increases in subscription rates will apply to existing accounts at the time of their renewal and will not exceed the subscription rate that has been in effect and posted for 30 days. Customers subscribing at specially discounted promotional rates may be subject to varying rate increases, none of which shall exceed the posted subscription rate for the prior 30 days.

     

    DISPUTES:

     

    All billing disputes must be presented in writing to NewcombHeavyHaul.com within thirty (30) days of invoice date. Direct inquiries to the Customer Financial Services Department, NewcombHeavyHaul.com Corporation, 420 N. McKinley Street, Suite 111 Corona, CA 92879, by Email: support@NewcombHeavyHaul.com, by Phone: 855-855-1285, by Fax 888-777-8547

     

    DISCLAIMER FOR SPANISH TRANSLATIONS:

     

    The information contained in this Service has been translated into Spanish for the convenience of the Hispanic community. Reasonable efforts have been made to provide an accurate translation of the text of the Service; however, the official text is the English version. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the Spanish Service, please refer to the English version of the Service, which is the official version of the Service.

     

    PRIVACY STATEMENT:

     

    NewcombHeavyHaul.com respects your privacy and security. NewcombHeavyHaul.com goal is to provide You with a personalized Internet experience that delivers the information, resources, and Services that are most relevant and helpful to You. In order to achieve this goal, NewcombHeavyHaul.com may collect information during your visits to understand what differentiates You from other users. This Privacy Statement incorporated and made a part hereof, discloses the information gathering and dissemination practices of NewcombHeavyHaul.com and can be viewed at www.NewcombHeavyHaul.com

     

    GENERAL PROVISIONS:

     

    Certain features, programs, products or services may contain separate terms and conditions, which are in addition to these NewcombHeavyHaul.com Terms & Conditions. In the event of conflicting provisions, the additional terms and conditions will govern.

     

    You accept that NewcombHeavyHaul.com has the right to change the content or technical specifications of any aspect of the Service at any time, at its sole discretion. We want to make sure that the rules governing our relationship are well understood by all parties. In furtherance of this effort, the following general terms govern our relationship, this Service and your use of the site. These are the entire Terms & Conditions governing the use of NewcombHeavyHaul.com Services. No delay by either party shall waive rights under these Terms & Conditions. These Terms & Conditions are governed by, and are to be construed in accordance with, the laws of the Commonwealth of Virginia, without regard to that state's conflict of laws provisions. No waiver of any breach of these Terms & Conditions shall be a waiver of any other provision of these Terms & Conditions, and no waiver shall be valid unless in writing signed by the parties. If any provision of these Terms & Conditions is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of NewcombHeavyHaul.com in accordance with applicable law and the remainder of the Terms & Conditions shall remain in full force. A registered user shall pay all reasonable costs and attorney fees incurred by NewcombHeavyHaul.com in enforcing the Terms & Conditions. These Terms & Conditions bind and inure to the benefit of each party's permitted successors and assigns and NewcombHeavyHaul.com may assign its right to payments and assign these Terms & Conditions without user's consent. The headings in these Terms & Conditions are for convenience only and do not alter the rights and obligations of the parties. The explanatory phrases and terms used in the Terms & Conditions are illustrative examples and other reasons may exist justifying and/or explaining the existence of certain terms. The provisions of these Terms & Conditions are not for the benefit of any third party.

     

    CUSTOMER FEEDBACK:

     

    If You have any suggestions, ideas or questions about these Terms & Conditions or our Service, please do not hesitate to let us know. We value your feedback and realize that your thoughts and ideas are often some of the best we receive. Please contact us via email at support@NewcombHeavyHaul.com, by Phone: 855-855-1285, by Fax 888-777-8547