This website is an interactive Internet information service and is a conduit to respond to reported incidents involving carriers, brokers and shippers. We merely provide a way to exchange and share information among interested parties that access this and affiliated websites. Carrier Response also provides online integration capabilities that enable the exchange of information to affiliated websites.

In using this website, you acknowledge and agree it is not intended to be used for the purpose of gaining an advantage in a dispute. Likewise, it is not intended to harass, oppress, injure, defame or disparage any person, entity or their goods and services.

Responses or reports submitted through this and affiliated websites are created and originated solely by the people or entities that submit them. The people or entities submitting reports or responses, and not Carrier Response, nor any of its employees, contractors, agents, officers or directors are responsible for reports or responses, including their timeliness, accuracy, completeness, validity and intent of the individual or entity submitting the reports or responses.

You acknowledge that you have voluntarily elected to view and optionally respond to the performance reports issued about you or your company as filed by other members of the transportation industry.

In consideration of using this website to view and optionally respond to reports filed, and to the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Carrier Response from and against all claims arising out of or resulting from the performance reports, as well as use of the this and associated websites that may be owned or operated by Carrier Response.

So that we do not have to continuously repeat the above recitation, you understand and agree that when we refer to Carrier Response, the reference also includes its parent company and affiliates, including all officers, directors, employees, agents, volunteers and assigns.

"Claim" as used in this agreement means any financial loss, claim, lawsuit, action, damage or expense, including but not limited to attorney's fees, attributable to reports filed about you or your company and/or use of this and associated websites that may be operated by Carrier Response.

You hereby agree to indemnify, defend, and hold harmless Carrier Response for any and all claims, both present and future, that may be made by you, your company, family, estate, heirs or assigns arising out of submitting, viewing or responding to any reports filed against you or your company, unless such claims are caused by the sole negligence or willful misconduct of Carrier Response.

You further understand that this hold harmless agreement is intended to be as broad and inclusive as permitted by the laws of the State of Georgia and that if any portion hereof is held invalid, you agree that the balance shall, notwithstanding, continue in full legal force and effect.

WE PROVIDE THIS WEBSITE AND "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCLUDING NEGLIGENCE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF ANY FEES YOU PAY TO US IN ANY ONE MONTH, OR B) $100.

Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. You agree to indemnify and hold harmless Carrier Response from all damages resulting from claims made against us relating to both your use and misuse of this website. In no event shall we be liable or responsible for consequential, indirect, incidental, statutory or punitive damages as a result of the information submitted or provided.

Change is everywhere these days, and our website is no different. So some of the changes we make from time to time will be to this agreement. You agree that we can make changes in our sole and independent discretion to this agreement and the website, post them on the website, and you will abide by the changes and be bound by the terms. It will be your responsibility to inspect this agreement for those changes. This agreement was last updated August 24, 2007.