The following are the terms and conditions of your use of the Main Street Logistics website. Viewing or using the website shall confirm your agreement, on behalf of you and anyone you represent (hereafter collectively “You” or “Your” or “Customer” or “Customer’s”), to all of the Terms and Conditions which follow. You should read what follows with care to assure your understanding of these Terms and Conditions.
Modifications, alterations or updates to this site and these Terms and Conditions may be made from time to time by the owner of this site, MAIN STREET LOGISTICS at any time. If You chose to use the site, You must occasionally review these Terms and Conditions to see if they have been changed. You will be considered to have accepted any changes if you continue to use of this site. In addition, USE OF THE MAIN STREET LOGISTICS WEBSITE IS SOLELY AT YOUR OWN RISK.
1. General Use of USMAINSTREET.COM
usmainstreet.com is provided solely for the use of Main Street Logistics and its Customers. It may not be used for any purpose other than the business of Main Street Logistics and may not be used by any other persons or parties than our Customers.
By using usmainstreet.com, Customer agrees:
a. Main Street is acting as Your agent to assist in managing Your freight and transportation operations; and
b. Main Street will pre-audit and pay all carrier freight invoices on behalf of Customer; and
c. Customer agrees to pay all invoices within 21 days. Invoices that are unpaid over 30 days from date of invoice will receive a 1.5% finance charge on the total outstanding balance until the balance is paid in full; and
d. Main Street will provide Customer with a weekly, consolidated invoice of all freight shipments; and
e. Main Street guarantees the integrity of the rates, with exception to reclassification, shipment reweighs and accessorial charges; and
f. While Main Street will not be responsible for any freight claims that are denied for any reason by the specified carrier, Main Street will assist customer in handling freight claims for lost or damaged freight; and
g. Main Street cannot be held responsible for any type of product liability; and
h. Customer shipments processed through the Main Street system and usmainstreet.com will be paid at the invoiced amount and within payment terms defined in 1.(C) above. The invoiced amount could include extra charges that have been assessed by the carrier. The additional charges could be for accessorial, re-weighs or reclassification. Accessorial charges could entail but not limited to: job site delivery, lift gate requirement, notification, residential delivery, re-consignment, re-bill, COD shipment or hazardous material handling. Accessorial charges cannot be corrected after the shipment has been tendered. On Your behalf, Main Street will assist in researching the re-weighs and reclassification charges. If such charges are reduced, Main Street will issue a credit for the difference back to Customer. If charges are not reduced, Customer is responsible for paying the full account as invoiced by Main Street.
2. Intellectual Property
usmainstreet.com is the sole and exclusive property of Main Street Logistics. Any of the content included on this site such as text, images, trademarks and names, and all other features, software and functions, belong to, or have been licensed to, Main Street Logistics for its sole use and the use of its customers under the Terms and Conditions set forth herein. This content is protected by law and the right to use this site does not transfer any such rights to any user other than the right to the use provided on this site. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of usmainstreet.com. Any use of this site or its contents without the expressed written consent of Main Street Logistics is strictly prohibited.
3. Limited Copy Use
You may not download a copy of any portion of this site except where expressly permitted on the site. Information is provided only for your use and may not be reproduced.
4. Interactive Feature Terms
usmainstreet.com is to be used solely to obtain rate information for your use in getting shipping services from our vendors. Notwithstanding that you have obtained this information from MAIN STREET, you will obtain all other information and agree to be bound by the terms provided by each vendor. MAIN STREET makes no representations and offers no warranties beyond those contained here. You will be solely responsible for obtaining such information and providing all requirements for shipping through our vendors.
MAIN STREET takes no responsibility for your use of information obtained on this website or any agreements subsequently made between you and any of our vendors with whom you may later do business. Be sure and confirm all of the terms and conditions under which such business will be done.
5. Disclaimer of Warranty
ALL OF THE CONTENTS OF USMAINSTREET.COM AND ALL OF THE SERVICES PROVIDED HERE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT THE CONTENTS OF THIS WEB SITE WILL BE ACCURATE, UP-TO-DATE OR OTHERWISE RELIABLE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. Notwithstanding that fact, you agree that to the fullest extent allowed by law, these Terms and Conditions, and their interpretation and application, shall be governed by the laws of the state of Florida.
6. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR RELIANCE DAMAGES ARISING OUT OF OR IN CONNECTION WITH USMAINSTREET.COM, OR OUR SERVICES OR THIS AGREEMENT, UNDER ANY LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. OUR LIABILITY TO YOU, UNDER ANY LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF ANY FEES YOU MAY PAY US IN THE 12 MONTH PERIOD PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00. 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.
7. Changes to usmainstreet.com
The content of usmainstreet.com shall be solely under the control of Main Street Logistics who may elect to make changes in this website at any time, with or without notice to you. If you elect to use this website, your use will confirm your acceptance of all such changes.
8. Termination of Use
Your right to access this website shall be under the exclusive control of Main Street Logistics and may be stopped at any time and for any reason. We will attempt to let you know before taking such actions, but a failure to give such notice shall not alter the rights of Main Street Logistics to take such actions.
9. Links to Other Websites
From time to time, Main Street Logistics may elect to allow users of usmainstreet.com to access other websites belonging to other companies through our site. In such cases, Main Street Logistics takes no responsibility for your use of such sites and shall not be responsible in any way for any consequences resulting from permitting such access. Should you elect to follow such a link, you will be doing so at your own risk. Main Street Logistics does not warrant the safety or effectiveness of any service or product obtained by you through such links.