Terms and Conditions

Last updated 1­/30­/2016

Welcome to the Terms and Conditions of the Minority Carrier Exchange powered by Skyway Marketing, LLC. The Minority Carrier Exchange is a technology service that streamlines the actions of freight delivery, truckload, and intermodal, LTL, either domestic or international. Minority Carrier Exchange’s proprietary systems allow shippers, carriers, brokers, forwarders and cargo owners to connect via the RFP process. As a Customer who engages our services, you agree to our TERMS AND CONDITIONS of use of our systems, without change or alteration, except as may be provided with our written permission.

The Minority Carrier Exchange is neither a freight carrier, freight forwarder, neither freight broker nor other type of transportation intermediary that requires licensing by a government agency. We simply and effortlessly – on your part – allow you to interact with others in the freight transport system that is so vital to your business. We do not have responsibility for the freight transaction itself. We introduce the participants. Please read these Terms and Conditions carefully.

YOUR OBLIGATIONS

By accessing, and using the Minority Carrier Exchange you are agreeing to receive information and services from Minority Carrier Exchange powered by Skyway Marketing, LLC you acknowledge that you have read and agree to be bound by these Terms and any materials referenced or incorporated herein. You agree that you will not share your login information with others. You also agree that you will not resell this site or its contents, use data mining robots, or similar data gathering and extraction tools; any portion of this website many not be reproduced, duplicated, copied, sold, re­sold, visited or otherwise exploited for any commercial purpose without express written consent of Skyway Marketing. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information of Minority Carrier Exchange, use any meta tags or any other “hidden text” using Minority Carrier Exchange name without express written consent of Skyway Marketing, LLC.

YOUR FEE

A Shipper, A Broker​ will be charged a monthly Access Fee​ of $49.95 when your company’s account submits an RFP though the Minority Carrier Exchange web site. The $49.95 monthly access fee is waived if your company is a Corporate Member of the Women In Trucking Association. A shipper/broker will be charged a Transaction Fee​ of $19.95 for spot market RFP’s and for every shipment Accepted through the Minority Carrier Exchange. A shipper/broker will be charged $99 for each Minority Carrier Exchange BidPak submitted through the Minority Carrier Exchange. Carriers​ will be charged a monthly Access Fee​ of $49.95 when a spot market RPF is accepted or bid on. The $49.95 monthly access fee is waived if your company is a Corporate Member of the Women In Trucking Association. A carrier will be billed a Transaction Fee​ of $19.95 for every spot market load (accepted) by the Shipper through the Minority Carrier Exchange. A transaction occurs when both parties to the shipment agree to work together by hitting the “Accept” button. A Carrier will be billed $99 when a BidPak is accepted through the Minority Carrier Exchange BidPak email.

The Minority Carrier Exchange reserves the right to deny access to the Minority Carrier Exchange website, for any reason, as exercised in our sole discretion.

Charges for using the Minority Carrier Exchange products are to be paid in U.S. Dollars and charges are due immediately upon receipt. Applicable law may permit any payment not received within fifteen (15) calendar days of your receipt of our bill are subject to late charges of 2% per month. If Minority Carrier Exchange powered by Skyway Marketing, LLC retains an attorney or collection agency to collect from you any unpaid charges or for enforcement of these Terms and Conditions, you will pay our attorney fees, costs of collection and/or court costs.

Non­solicit

You shall not contact any Shipper, Origin Location or Carrier to solicit, accept, or book shipments for 12 months from the last date of a Shipment between you and Shipper. Minority Carrier Exchange reserves the right to terminate your Account or this Agreement in its sole discretion for a breach or suspected breach of this Section.

Claims and Liability

As stated, Minority Carrier Exchange powered by Skyway Marketing, LLC does not assume any liability for the freight transaction between you and your counterpart. Minority Carrier Exchange powered by Skyway Marketing, LLC does not participate in resolving freight damage or loss claims, as that is specifically controlled by your agreement with your counterpart, federal law or carrier tariffs.

Applicable Law and Disputes

As a Customer who engages the Minority Carrier Exchange, any dispute between you and MCE is subject to the laws of the State of Idaho, without regard to Idaho choice of law rules; and any action brought against MCE shall be brought in either the Superior Court of Idaho, in and for the County of Ada, or the U.S. District Court for the District of Idaho, Boise vicinage. Before suit may be commenced, however, the parties to the dispute must submit the dispute to mediation by JAMS, and must fully and materially participate in a good faith effort to resolve the dispute. This is a condition precedent to any suit and must be accomplished before suit commences.

NO WARRANTIES FOR Minority Carrier Exchange (MCE) Products

Minority Carrier Exchange powered by Skyway Marketing, LLC neither offers nor makes any warranty, guarantee, express or implied, as to its services or the services, agreements, obligations, safety or licensing by you or your counterpart. Minority Carrier Exchange powered by Skyway Marketing, LLC neither offers nor makes any warranty of fitness or merchantability for any purpose regarding its services, website, freight deliveries, or transactions agreed upon or completed by or through Minority Carrier Exchange powered by Skyway Marketing, LLC services and in no event shall Minority Carrier Exchange powered by Skyway Marketing, LLC be liable for any damages, special, incidental, consequential or punitive arising from in whole or in part from the use of Minority Carrier Exchange powered by Skyway Marketing, LLC services or products, whether or not Minority Carrier Exchange powered by Skyway Marketing, LLC had actual or constructive knowledge that such damages may occur.

Indemnification

Member indemnifies Minority Carrier Exchange powered by Skyway Marketing, LLC. and its officers, directors, owners, independent contractors, employees, agents, and affiliates for and from any Loss by reason of, in any way relating to, or arising out of: (a) Member's use of the Website or the Services, any violation of any law, rule, or regulation arising by reason of such use; (b) any claim or dispute which may arise between Members. (Including, without limitation, any claim arising from or relating to transactions by Members use of any motor carrier); (c) any information supplied by or through a Member or any transactions with such Member; (d) Member's violation of the User Agreement.