Terms and Conditions of Service and Site User Agreement for RMIS Carrier Directory
Registry Monitoring Insurances Services, Inc. (“RMIS”) makes available on-line a Carrier Directory (“Website”) to provide information to licensed transportation brokers, licensed freight forwarders and licensed third party logistics providers to facilitate their locating, developing and establishing carrier resources. By clicking “ACCEPT” below, you agree to the following terms and conditions, which (as may hereafter be modified by RMIS from time to time) will constitute the contract between you and RMIS (“Contract”):
- Your fees for access to the website will be $19.95 per month for a maximum of 2,500 look-ups per month, unless otherwise mutually agreed upon by you and RMIS. such fees are payable monthly in advance and are non-refundable. you will make payment by credit card, ach debit or upon receipt of invoice, as specified by rmis from time to time. a user’s failure to pay such fees when due will result in immediate termination of such user’s access to the website.>
- RMIS owns all right, title and interest in and to the Website and any portion thereof, and retains sole right and control over its programming, content, organization, design, features and operation. RMIS grants you a revocable, non-exclusive, non-transferable, license to access and use the Website for its intended purpose for so long as you make and RMIS accepts your monthly access fees. You will use information obtained from the Website only for the purpose of prospecting for, locating and vetting carrier resources to provide transportation services to your customers.
- RMIS obtains insurance, licensing and other information (“Carrier Information”) regarding carriers (“Carriers”) from third party information providers including the DOT, FMCSA, dissemination groups for the DOT and FMCSA, and insurance agents and producers (“Information Providers”). RMIS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AS TO CARRIER INFORMATION AND IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR TIMELINESS THEREOF.
- The monthly amounts payable by you for access to the Website are modest and are not sufficient to compensate RMIS for assuming any risk of consequential or other damages to you or to any third party due to RMIS’s negligence or failure to perform or otherwise. Except to the extent of the liquidated damage amount specified in paragraph 5 below, RMIS shall not be liable for loss or damage due directly or indirectly to incorrect, incomplete and/or untimely Carrier Information and/or otherwise arising out of or relating to use of the Website by you or anyone else.
- FROM THE NATURE OF RMIS’S SERVICES REGARDING THE WEBSITE, IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES, IF ANY, WHICH MAY PROXIMATELY RESULT TO YOU AND/OR TO ANY THIRD PARTY FROM YOUR AND/OR THEIR USE OF INCORRECT, INCOMPLETE AND/OR UNTIMELY CARRIER INFORMATION, OR OTHERWISE FROM RMIS’S OPERATION OF THE WEBSITE. ACCORDINGLY, IF RMIS IS FOUND LIABLE FOR LOSS OR DAMAGE DUE TO INCORRECT, INCOMPLETE AND/OR UNTIMELY CARRIER INFORMATION, OR DUE TO ANY OTHER ACT OR OMISSION OF RMIS RELATING TO THE WEBSITE, ITS LIABILITY SHALL BE LIMITED TO REFUNDING TO YOU AN AMOUNT THAT WILL NOT EXCEED THE AGGREGATE OF YOUR LAST THREE (3) MONTHLY PAYMENTS TO RMIS FOR ACCESS TO THE WEBSITE, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND THIS LIABILITY SHALL BE RMIS’S ONLY AND EXCLUSIVE LIABILITY. THE FOREGOING PROVISIONS SHALL APPLY IN THE EVENT OF LOSS OR DAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, THAT RESULTS DIRECTLY OR INDIRECTLY TO ANY PERSON OR PROPERTY ARISING OUT OF OR RELATING TO INCORRECT, INCOMPLETE AND/OR UNTIMELY CARRIER INFORMATION OR OTHERWISE ARISING OUT OF OR RELATING TO USE OF THE WEBSITE, OR FROM THE NEGLIGENCE, ACTIVE OR OTHERWISE, OF RMIS OR ITS AGENTS OR EMPLOYEES.
- This Contract will be construed and the rights of the parties shall be determined in accordance with the internal laws of the State of California without regard to principles of conflicts of laws. If any provision hereof is held to be unenforceable, the validity of the remaining portions or provisions hereof will not be affected. RMIS is an independent contractor, and nothing in this Contract creates an employer-employee relationship, a partnership, or a joint venture between you and RMIS.
- Subject to the provisions of paragraph 8 below, this Contract constitutes the entire agreement between you and RMIS regarding its subject matter and supersedes all prior and contemporaneous communications and agreements. Except as otherwise expressly provided in paragraph 8 below, it maynot be modified except by a subsequent written agreement signed by both parties. If you have an existing CRS Plus or other contractual arrangement with RMIS, that existing contractual arrangement will prevail in the event it conflicts or is inconsistent with the terms of this Contract. Nothing in this Contract confers or will be deemed to confer any benefits, rights or remedies upon any person or legal entity other than RMIS and you.
- RMIS reserves the right in its sole discretion to modify the foregoing terms and conditions of service at any time and from time to time, and your continued use of the Website will constitute your agreement to be bound by such modifications. It is your responsibility to review periodically this Contract as it appears from time to time on our Website so that you will be aware of such modifications.
- The Website may not be accessed or used for any purpose by any competitor or potential competitor of RMIS. RMIS reserves the right in its sole discretion to refuse or cancel service to any user at any time for any reason or for no reason.
- The person clicking “ACCEPT” below represents and warrants that he or she has full authority to do so on your behalf and that you are legally bound by the terms and provisions of this Contract.