INFORMATION COLLECTION & USE
In order to use this Site, you must first complete the registration form and enter your email address that the Site uses in combination with your password as your login credentials. During the registration process, you are required to give contact information such as name, address, phone number and email address. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience safer and easier. We only collect personal information about you that we consider necessary for achieving this purpose.
In general, you can browse the Site without providing us with any personal information about yourself. Once you agree to provide us with personal information, you are no longer anonymous to us. If you choose to use our services, we may require you to provide contact and identity information, billing information and other personal information as indicated on the forms throughout the Site. Where possible, we indicate which fields are required and which are optional. You always have the option to not provide information by choosing not to use a particular service or feature.
Under some circumstances we may require some additional financial information. We use your financial information, including credit card information, to verify the accuracy of your name, address and other information, as well as to bill you for your use of our services.
We automatically track certain information based upon your behavior on the Site. We use this information to do internal research on our users’ demographics, interest, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from, which URL you go to next, your computer browser information, and your IP address.
If you choose to list freight or bid on freight on the Site, we collect information about your activity and behavior. We also collect other users’ comments about you in our feedback area.
Additionally, as part of the registration process, PostBidShip. requires members registering as a service provider to submit certain commercial information such as a commercial service provider’s license number, DOT number, Motor Carrier (MC) number, and/or any other authority a service provider chooses to include. It is up to each member individually to provide this information and, while we will utilize and rely on a third party commercial service (SaferWatch) to verify this information, we cannot guarantee its accuracy. This information can be viewed by other members on the member’s profile page.
If you choose to post messages on our Community Discussion Forums or leave feedback for other members, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law. See “Community Discussion Forums” section below.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect and retain such information in a file specific to you.
From time-to-time we may provide you the opportunity to participate in contests or surveys on the Site. If you choose to participate, we will request certain personally identifiable information, including your email address, from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information and demographic information. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
If you choose to use our referral service to tell a friend about the Site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. PostBidShip stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
USES OF YOUR INFORMATION
We use your personal information, including your email address, to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote safe matching; collect fees owed; measure consumer interest in our products and services; inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple usernames or aliases. We may compare and review your personal information for errors, omissions and for accuracy.
You agree that we may use personal information, including your email address, to improve our marketing and promotional efforts, to analyze site usage, to improve our content and product offerings, and to customize the Site’s content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.
COMMUNICATIONS FROM THE SITE
We will occasionally send you information on products, services, special deals and promotions, as well as a newsletter. You are signed up for these emails at registration or within your account settings and you may unsubscribe at any time by following the directions to unsubscribe, either as provided for in such emails, through your account settings or as instructed by a customer services representative.
Out of respect for your privacy, we provide you a way to unsubscribe from each of these communications. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or select to send us a message from the top menu.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party. Currently it is not our policy to make this information available to any third parties.
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your email address and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. Email is the primary means of communication between members doing transactions on the site and you must be able to receive this information to use PostBidShip. properly.
INFORMATION SHARING AND DISCLOSURE
As a matter of policy, we do not sell, rent or share any of your personal information, including your email address, to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide our services:
PostBidShip Community: Your name is displayed throughout the Site and is therefore available to other members. All of your activities on the Site will be identifiable to your username. Other members can see shipments you have listed, your feedback rating and associated comments, your postings on the Site, and so on. Therefore, if you associate your name with your username, the people you have revealed your name to will be able to personally identify your PostBidShip activities. If you are involved in a transaction, we have features that allow parties to the transaction to view your email address and obtain your contact information to help complete the transaction. Further, we may send out notices to you or other community members regarding suspicious activity or policy violations on the Site.
Legal Requests: PostBidShip cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you and the PostBidShip community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, username history, fraud complaints, and bidding and listing history without a subpoena. Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to: prevent imminent physical harm or financial loss; or report suspected illegal activity.
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. Persistent cookies also enable us to track referrals and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited. When PostBidShip sets a cookie, it is not tied to your personally identifiable information directly; rather, it is tied to your PostBidShip login credentials which is tied to your personally identifiable information.
LINKS TO OTHER SITES
This Web site may contain links to other sites that are not owned or controlled by PostBidShip. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Web site.
COMMUNITY DISCUSSION FORUMS
If you use a bulletin board on the Site, you should be aware that any personally identifiable information that you submit on the bulletin board, including your email address, can be read, collected, or used by other users of such bulletin boards, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these bulletin boards.
ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION
If your personally identifiable information, including your email address, changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on our My Account page or by contacting PostBidShip Customer Support.
The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect personal information, including your email address, submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
In the event PostBidShip goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information, including your email address, will likely be among the assets transferred. You will be notified via email of any such change in ownership or control of your personal information.
CHANGES IN THIS PRIVACY STATEMENT
SECURE CREDIT CARD TRANSACTIONS
You can use your credit card on this Site. We have partnered with BrainTreePayments.com to offer safe and secure credit card and electronic check transactions to you. The BrainTreePayment Gateway manages the complex routing of sensitive customer information through the credit card and electronic check processing networks (see an online payments diagram). The company adheres to strict industry standards for payment processing. For additional information regarding the privacy of your sensitive cardholder data.
The following is an agreement (“Agreement”) between you (or “Customer”) and PostBidShip. By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. PostBidShip may modify this Agreement from time to time and post those modifications here on this web page. Your continued use of the Site after any such modification constitutes your acceptance of the modified agreement. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by PostBidShip from its offices within the United States. PostBidShip provides services exclusively to customers in the United States, Canada, and Mexico. PostBidShip makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from locations other than the United States, Canada, or Mexico, do so on their own initiative and are responsible for compliance with all applicable laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of Arizona. The state and federal courts located in Tucson, Arizona, shall have sole jurisdiction over any disputes arising hereunder, and the parties hereby agree to the personal jurisdiction of such courts.
The copyright in all material provided on this Site is held by PostBidShip. Except as expressly permitted by PostBidShip, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of PostBidShip or the copyright owner. Permission is granted to you to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms. Upon termination, you must immediately destroy any downloaded and printed materials. In addition to termination for breach of the aforementioned terms, PostBidShip reserves the right to terminate your account at any time for any reason. You also may not, without PostBidShip’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. From time to time, PostBidShip will use a third-party service, TransCredit. The information provided by TransCredit is for customer usage only and is not to be retransmitted or furnished to others. Customer hereby certifies and agrees that it will request and use such credit information solely in connection with transactions involving the customer or business entity as to whom credit information is sought and will not request or use such information for purposes prohibited by law. All such information shall be maintained by Customer in strict confidence and disclosed only to employees whose duties reasonably relate to the legitimate business purposes for which the information is released.
REFUND, RENEWAL AND CANCELLATION POLICIES
All sales of PostBidShip subscriptions are final and PostBidShip has a no refund policy.
PostBidShip subscriptions automatically renew on the anniversary date of Customer’s original subscription date. Customer may terminate its subscription to PostBidShip at any time by visiting the “My Plan” section of the “My Account” page. Upon terminating their subscription, Customer will receive an email notification stating the number of days remaining before the expiration of Customer’s subscription, during which time Customer will continue to have full access to their subscription. For questions or assistance with changing or terminating your PostBidShip. subscription, please email email@example.com or chat live with a customer support agent.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of PostBidShip’s proprietary rights in them.
This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. A list of U.S. trademarks (“Trademarks”) owned by PostBidShip follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of PostBidShip please use the top menu to contact us.
PostBidShip (Registration number: 4116020)
All other trademarks are the property of their respective owners.
Information on this Site may be changed or updated without notice. PostBidShip may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Information PostBidShip publishes on this Site may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that PostBidShip intends to announce such products, programs or services in your country. Consult PostBidShip for information regarding the products, programs and services which may be available to you.
INFORMATION “AS IS”
INFORMATION ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY POSTBIDSHIP ON AN “AS IS” BASIS ONLY. POSTBIDSHIP PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL POSTBIDSHIP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF POSTBIDSHIP OR A POSTBIDSHIP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. YOU AGREE AND UNDERSTAND THAT POSTBIDSHIP IS NOT A LICENSED FREIGHT TRANSPORTATION BROKER AS DEFINED BY THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION. WHILE POSTBIDSHIP PROVIDES ACCESS TO CERTAIN THIRD PARTY SAFERWATCH DATA, POSTBIDSHIP ENCOURAGES POSTERS TO CONDUCT THEIR OWN CARRIER SAFETY ANALYSIS AND NOT RELY SOLELY ON POSTBIDSHIP AND SAFERWATCH. POSTBIDSHIP DOES NOT REPRESENT OR WARRANT ANY SAFERWATCH DATA AND POSTBIDSHIP IS NOT RESPONSIBLE FOR ANY DAMAGES RELATED TO POSTERS’ RELIANCE ON SAFERWATCH DATA. FURTHER, UNDER NO CIRCUMSTANCES SHALL POSTBIDSHIP BE LIABLE FOR DAMAGES TO PEOPLE, PROPERTY OR CARGO, IN CONNECTION WITH LOADS AWARDED ON THIS SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF POSTBIDSHIP UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. POSTBIDSHIP IS NOT A PARTY TO ANY FINANCIAL TRANSACTION BY AND BETWEEN THE POSTER AND THE WINNER OF A LOAD. WHILE POSTBIDSHIP PROVIDES ACCESS TO CERTAIN THIRD PARTY TRANSCREDIT DATA, POSTBIDSHIP ENCOURAGES BIDDERS TO CONDUCT THEIR OWN CREDIT ANALYSIS AND NOT RELY SOLELY ON POSTBIDSHIP AND TRANSCREDIT. POSTBIDSHIP DOES NOT REPRESENT OR WARRANT ANY TRANSCREDIT DATA AND POSTBIDSHIP IS NOT RESPONSIBLE FOR ANY DAMAGES RELATED TO BIDDERSʼ RELIANCE ON TRANSCREDIT DATA. THE TERMS AND CONDITIONS RESULTING FROM THE AWARDING OF A LOAD ARE BETWEEN THE POSTER AND THE WINNER OF SUCH BID, AND POSTBIDSHIP IS NOT LIABLE FOR ANY OBLIGATIONS RELATED TO THE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO, NONPAYMENT OF OUTSTANDING INVOICES.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute or disagreement to mediation before a mutually-agreeable mediator prior to any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Maricopa County, Arizona and the parties irrevocably waive any objection to such venue.
PostBidShip may at any time revise this Agreement by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
1. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
2. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
3. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Weiss Brown, PLLC
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85260
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.