Terms of Service

IMPORTANT – READ CAREFULLY: The AFSCarriers.net service (the “Service”) is owned and operated by AFS Logistics, L.L.C. (“AFS”) a Louisiana limited liability company, and is provided to you (“You”) under the terms and conditions set forth in these Terms of Service (“Terms”) which include AFS’s Privacy Policy and Registration Form, available through the hyperlink set forth below, and incorporated herein by reference. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE “SUBMIT” BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 10 AND 11 BELOW.

1. DESCRIPTION OF SERVICE. The Service provided by AFS allows You to obtain real-time information regarding payment status of Your bills, and the ability to search and retrieve detailed information from AFS’s payment database for individual bills and groups of bills.

2. REGISTRATION. To use the Service, You must submit a complete AFS registration form, which is available at https://www.AFScarriers.net (the “Registration Form”), on Your behalf. As part of the registration process for the Service, You agree to: (1) provide certain limited information about You as prompted to do so by the Service (information shall be current, complete, and accurate) and (2) maintain and update this information as required to keep it current, complete, and accurate. The information requested on original signup shall be referred to as registration data (“Registration Data”). If AFS discovers that any of Your Registration Data is inaccurate, incomplete, or not current, AFS may terminate Your right to access and receive the Service immediately upon notice. AFS will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. AFS may reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service. AFS reserves the right to refuse/reject the Service to any user who has previously cancelled a carrier user profile. AFS need not provide a reason for its rejection. If AFS rejects Your application, then You may reapply and AFS will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to AFS that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have created a carrier user profile with AFS and will become a registered carrier with access to the AFS Service.

3. SERVICES

Description of Service. AFS provides You, as a registered carrier, with real-time information regarding payment status of Your bills. In addition to summary-level information regarding bill counts by status, You will be able to search AFS’s payment database for individual bills and groups of bills and retrieve detailed information. You can also enter invoices and upload supporting images.
Term of Use. Your carrier user profile will continue and renew automatically unless terminated by AFS or until You notify AFS of Your decision to discontinue your registration with the Service. To cancel your registration, complete the fields on the Contact Us page and indicate Your desire to cancel in the “Nature of Inquiry” field.

4. USER CONDUCT AND PROPRIETARY RIGHTS

No Resale or Commercial Use of the Service. Your right to use the Service is personal to You. You may be either an individual, or a corporation, or other business entity, but You agree not to resell the use of the Service or other materials or any information obtained by You without the express written consent of AFS.
Conduct. You are solely responsible for Your conduct with respect to Your use of the Service. AFS does, however, reserve the right to take any action with respect to the Service that AFS deems necessary or appropriate, in AFS’s sole discretion, if AFS believes You or Your use of the Service may create liability for AFS. Your use of the Service is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing consumer protection, unfair competition, anti-discrimination, and/or false advertising). You agree: (1) to comply with all United States laws, rules, and other regulations applicable in connection with the Service; (2) not to use the Service for illegal purposes; and (3) not to use the Service to infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
Confidentiality. You agree to use all information available to You through the Service and through access to https://www.AFScarriers.net as confidential for all purposes. You agree to not divulge or use in any manner any of said confidential information for any purpose other than tracking the payment activity and history for the client’s for which You or Your organization provide transportation services, unless by the express written consent of AFS. You will use every effort to safeguard the confidential information available to You through the Service and through access to https://www.AFScarriers.net. You, further agree to neither disclose nor exchange access or login information to or with any third party outside of Your internal organization.

5. PRIVACY. AFS will not sell or rent Your personally identifiable information to anyone unless You expressly consent to disclosures of Your personal identification and other personal information to third parties. We may send personally identifiable information about You to third parties when: a) We have Your consent to share the information or b) We find that Your actions on our Web site violate this Terms of Service, or c) We respond to subpoenas, court orders or legal processes which require us to disclose Registration Data or any information about You to law enforcement or other government officials as AFS, in its sole discretion, believes necessary or appropriate.

6. MODIFICATIONS. AFS may amend these Terms at any time by (i) posting a revised Terms of Service document on https://www.AFScarriers.net and/or (ii) sending information regarding the Terms amendment to the email address You provide to AFS. You are responsible for regularly reviewing the https://www.AFScarriers.net site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your a carrier user profile after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, AFS reserves the right to modify or discontinue the Service with or without notice to You. AFS shall not be liable to You or any third party should AFS exercise its right to modify or discontinue the Service.

7. PASSWORDS AND SECURITY. As part of the registration process, You will use Your email address as Your user name and You will choose Your passwords for access to the Service. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under your account. You agree to immediately notify AFS of any unauthorized use of Your carrier user profile or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised.

8. TERMINATION. AFS may immediately terminate Your carrier user profile and right to use the Service if (a) You breach these Terms; (b) AFS is unable to verify or authenticate any information You provide to AFS; (c) such information You provide is inaccurate; or (d) AFS decides, in its sole discretion, to discontinue offering the Service. AFS shall not be liable to You or any third party for termination of the Service. You may terminate Your carrier user profile and end Your use of the Service at any time, for any reason, or for no reason. To cancel your registration, complete the fields on the Contact Us page and indicate Your desire to cancel in the “Nature of Inquiry” field. Upon termination for any reason, You are no longer authorized to use the Service. When this Agreement is terminated and/or Your carrier user profile is canceled, You will no longer have access to data and other material You have stored on the Site and that material may be deleted by AFS.

9. MAINTENANCE AND UPDATES. You understand that AFS may update its Service and/or website at any time, but is under no obligation to inform You of such updates. This Agreement does not grant You any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the AFS website or supporting documentation. To the extent that AFS supplies any updates to You, such updates will be deemed to be subject to the terms of this Agreement unless AFS indicates otherwise. AFS reserves the right to charge fees for any future versions of, or updates to, the Service.

10. DISCLAIMERS OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. AFS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. AFS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES AFS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE EXCLUSIONS MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY. IN NO EVENT SHALL AFS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF AFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AFS’S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and hold AFS harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against AFS arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.

13. GENERAL TERMS. These Terms are governed in all respects by the laws of the State of Louisiana as such laws are applied. Both parties submit to personal jurisdiction in Louisiana and further agree that any cause of action relating to these Terms shall be brought in a court in Caddo Parish, Louisiana. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. AFS's failure to act with respect to a breach by You does not waive AFS's right to act with respect to subsequent or similar breaches. Should any suit or action be instituted by AFS to enforce any of the aforesaid Terms, or to restrain the violations of any thereof, then and in either of said events and whether such suit or action be reduced to decree or not, AFS shall be entitled to recover from You therein such sum as the court may adjudge including reasonable attorney’s fees in such suit or action, in addition to statutory costs and disbursements. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. AFS shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond AFS's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 13; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or, if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.

You understand and agree that You are solely responsible for periodically reviewing the Terms of Service.