Brilliant Logistics Solutions Freight Brokerage Software

Brilliant Logistics Solutions Terms & Conditions

By accessing, viewing, or using the content, material, or services available on or through this Information Service, you (“You”) indicate that you have read and understand the Terms & Conditions herein and as they may change from time to time, and that you agree to them and intend to be legally bound by them. “You” refers to the individual using any of the Information Service provided Brilliant Logistics Solutions and if You use the Information Service on behalf of a corporation, LLC, partnership, or other business entity, then You shall include that business entity and any individuals associated therewith using our Information Service. Once You accept these Terms & Conditions, You hereby acknowledge and agree that at anytime, and at its sole discretion, Brilliant Logistics Solutions may modify the Terms & Conditions by posting the modified Terms & Conditions on the Information Service, accessible via a link entitled Brilliant Logistics Solutions Terms & Conditions associated with this agreement and/or Site or any successor site explicitly designated. If You do not agree to these Terms & Conditions, You are not granted permission to use this Information Service.

Privacy Policy

Our goal is to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you. In order to achieve this goal, we may collect information during your visits to understand what differentiates you from each of our other users. This Privacy Policy ("Policy") may be modified at any time, and accordingly, we urge you to frequently review the Policy. We will always apply the Policy under which your information was collected, unless we obtain your prior consent.

Collection of Information

Brilliant Logistics Solutions understands that security and privacy are important issues for visitors to our website ("Site") and recognizes our obligation to make reasonable efforts keep your personal and business information secure and confidential. You may be asked to voluntarily provide personally identifiable information ("Personal Information"), including, but not limited to, your name, address, phone number, fax number, credit card number, email address and other to subscribe or to have access to some features of the Site. By using the Site and providing us with your Personal Information, you consent to our use of such information as described in this Policy. You may always refuse to provide your Personal Information, and this may lead to our inability to provide you with certain services.

Website Security

We have policies and procedures to protect the privacy and confidentiality of your Personal Information that we collect and maintain. All Personal Information is stored securely, with access to data strictly controlled. Any unauthorized use of the Site may result in criminal and/or civil prosecution.

Use of Information

Brilliant Logistics Solutions uses your Personal Information for the following purposes: to process your order and administer your account; to administer and improve the Site and related services; to notify you of our products, services, promotional events or special offers that may be of interest to you; to provide Internet security; and to meet legal requirements. Brilliant Logistics Solutions may work with our business partners who may perform certain functions on our behalf, such as fulfilling orders, sending email messages, managing data, processing credit card payments or providing customer service. These business partners have access to your Personal Information only to the extent necessary to perform these specific functions and may not use it for any other purpose. Other than for the specific purposes set forth in this Policy, we will not disclose your Personal Information unless we obtain your prior consent or are legally required to do so. We may use third-party advertising companies to place ads on the Site and to place our ads on other websites. These companies may use Anonymous Information about your visits to this and other websites to provide advertisements on the Site and other sites about goods and services that may be of interest to you. If Brilliant Logistics Solutions is involved in the sale of a substantial portion of its business assets, Anonymous or Personal Information may be among the transferred assets.

Browser Cookies

When you visit the Site, Brilliant Logistics Solutions or a third-party advertiser may store or recognize some information on your computer in the form of a "cookie" or similar file that can help us in many ways. For example, cookies allow us to tailor the Site to better match your interests and preferences. With most Internet browsers or other software, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions to learn more about these functions. If you reject cookies, functionality of the Site may be limited, and you may not be able to take advantage of many of the Site's features.

Website Links

The Site may contain links to other sites on the Internet that are owned and operated by third parties. Brilliant Logistics Solutions is not responsible for the collection or use of your Personal or Anonymous Information at any third party sites. It is solely your obligation to review and understand the privacy practices and policies of these other Web sites and of these advertisers and third parties. You agree that we are not responsible for the content and hold us harmless against any liability resulting from your use of those sites.

Opt-Out Email Advertising

In the event you do not wish to receive promotional email from Brilliant Logistics Solutions or its business partners, follow the opt-out instructions contained within the body of any email message you receive.

Motor Carrier Qualification and Monitoring

Brilliant Logistics Solutions shall provide access to current Federal Motor Carrier Safety Administration information as provided, publicly, by the FMCSA, including but not limited to bodily injury and property damage limits, cargo insurance coverage, policy numbers, insurance company name and contact information, docket number, authority status, census data, and carrier safety rating. If you do not visit our website to see changes in the aforementioned information, then we are not responsible. The information we have is the same information that was provided to and maintained by the FMCSA. Although our information is as current and up-to-date as it is stated on the FMCSA websites, we have not verified the information with the carrier, broker, or insurance company. We do not obtain or maintain insurance certificates or certificates of operating authority. Therefore, we cannot warrant or guarantee the accuracy of the information provided, keep in mind that we are simply an Information Service and provide all information AS IS. Use of our Information Service is at your own risk. You must make your own determination as to safety, authority and/or business practices. We have no control over and do not guarantee safety or legality.  It is your sole responsibility, as a user of the Information Service, to check the credentials, including but not limited to the safety/authority record, of any party introduced to You by our service.

In order to protect Brilliant Logistics Solutions, you agree that you will not bring us into any dispute that may arise as a result of information provided. Furthermore, you agree to release Brilliant Logistics Solutions, its officers, employees and agents from all claims, liability, obligations, demands and damages, actual and consequential, of every kind and nature, known or unknown, in any way connected with such disputes and to hold us harmless from all liability and damages.

Freight Transaction Services

You agree that:

  • You are a bona fide shipper, freight broker, 3PL, intermodal or rail company or motor carrier of a legal age to operate and to enter into an agreement of this nature.
  • Brilliant Logistics Solutions provides a venue for brokers, carriers and shippers to perform their respective business functions.  Brilliant Logistics Solutions is not involved in the actual transaction between buyer and seller.
  • You shall maintain appropriate authority and will cease immediately to use the Brilliant Logistics Solutions service if for any reason You no longer maintain such authority. 
  • You will not represent yourselves as operating under the authority of any company without express permission from such company.
  • You will not attempt to broker freight without proper legal authority.
  • You will not enter into any transaction to transport freight without the appropriate carrier authority.
  • You will not enter into any transaction to transport freight without the appropriate level of insurance coverage or bond.
  • You will not enter into a transaction to transport freight outside the geographic bounds of your carrier authority.
  • You will not enter into a transaction to transport commodities You are not authorized to transport.
  • You will not enter into any transaction to transport freight on equipment that fails to meet any applicable Federal or State regulations.
  • Your use of the Brilliant Logistics Solutions Information Service is solely for your commercial purposes related to your movement of freight or other services offered by Brilliant on the Information Service and that You shall not reproduce, republish, resell, or distribute such information in any format, in whole or in part, for sale or commercial use by third parties.
  • Your access or use of the Information Service is not for the purpose of competing with Brilliant Logistics Solutions with respect to the services offered on the Information Service. You agree any violation shall create irreparable harm.
  • That without prior written permission of Brilliant Logistics Solutions, You will not allow non-registered users access to the Brilliant Information Service and will never provide your password to any non-registered user, nor will You share any information from the Information Service with any non-authorized users. It is a violation of these Terms & Conditions to share your login.
  • You shall not resell or assign your rights or obligations under these Terms & Conditions.
  • You agree that any violation of the above warranties may result in (1) immediate termination of your registration and access to the Information Service, (2) enforcement by Brilliant Logistics Solutions availing itself of any other legal remedy under state and/or federal law.  If a legal remedy is sought by Brilliant Logistics Solutions, You shall be responsible for legal costs, including without limitation, reasonable attorney fees.
  • You shall conduct your business in an ethical manner and shall not engage in any illegal, deceptive, misleading or fraudulent practice.
  • You assume full responsibility to drive safely, observe all traffic rules/laws and use your own personal best judgment while driving. You agree that You will not enter or change information or otherwise interact with the Brilliant Logistics Solutions Information Service while driving.

Intellectual Property

Everything you read and see on our website is copyrighted and protected by U.S. and international copyright, trademark and other intellectual property laws. The content on our website may not be distributed, copied, displayed, reproduced or transmitted in any form or manner without the written consent of Brilliant Logistics Solutions.

Our intellectual property portfolio consists of source code, schemas, file formats, graphics, images, copy, designs, systems, methods, processes, the "look and feel" of our website and the copyright in and to its original content, systems, methods and processes, as well as logos, trademarks, patents, trade dress and trade secrets.

Our Relationship and Billing

Our service is for brokers, shippers, motor carriers, and other companies that deal with logistics matters. To access our Information Service You must register. In order to register as a Site User, you must be a shipper, transportation broker, third party logistics provider, motor carrier, or transportation-related business. You agree to provide true, accurate and complete information as prompted by the registration form and all forms You access in our site or receive directly from a Brilliant Logistics Solutions representative, and You agree to update this information to maintain its truthfulness, accuracy, and completeness. By subscribing to our service and using our website, you agree that you and your company will not use any of the information available to compete against us, either directly or indirectly, online or elsewhere. You agree that you will not give your login information out except to trusted business partners or associates. Our service is only available to individuals at least 18 years of age and companies that can form legally binding contracts under applicable law. If you learn that an unauthorized person or company has obtained your login information, please log in to our website and click the My Account link to change the information.

You agree that we may send you email and faxes, that you have elected to participate in our email and fax program, that Brilliant may forward email messages to you and that you further elect to receive electronic messages without limitation from Brilliant or its business partners and associates.

Using our service will help your business become more efficient and effective in the way it deals with its logistics concerns. You acknowledge that our service is a neutral venue where customers may meet; as such we have no control over the quality, safety, or legal aspects of the transactions that may take place.

Each billable cycle begins on the first calendar day of the month and is completed upon the end of the last calendar day of the same month. Invoices for each billable cycle will be issued no later than the tenth day of the following month and is payment for said invoice is due no later than 15 days from the date the invoice was originally issued. The minimum monthly fee is waived for the first calendar month only, regardless of what day during that month the service began.

Access to our service depends upon payment of all due and payable invoices. All invoices must be paid in U.S. dollars. You shall pay all invoices at the current rates in accordance with the current Brilliant Logistics Solutions payment policies, which may be modified from time to time at the sole discretion of Brilliant. You are responsible for all taxes. Certain services may require pre-paid fees.  If the fee is not paid, then we may suspend or terminate access to our service. Payment is due while service is active even if not used. Credit card payments are processed using a third party. By providing credit card information, you agree that we may charge the credit card number provided for any and all balances due, including any past due invoices. Your credit card may be charged in advance for services provided. All past due invoices are subject to a finance charge equal to 1.5% per month (18% APR) of the outstanding balance. You agree that any returned payment may be subject to a returned payment fee. If a check is returned NSF, there is a mandatory $25.00 return charge. Brilliant Logistics Solutions reserves the right to hold You responsible for reasonable costs associated with collection, including but not limited to collection agency fees. You can cancel your Brilliant account any time before your monthly billable cycle, and no further charges will be assessed beyond the current billable cycle.

Cancellations must be initiated via email (contact@brilliantlogisticssolutions.com) or web contact form (http://www.brilliantlogisticssolutions.com/contact-us) only. You understand that charges, including the amount, how they are calculated, and other characteristics of our pricing model may evolve and change. You will be notified in advance if we anticipate a pricing change. We will only make such a change if we determine, in our sole and independent judgment, that it is appropriate to do so.

Misuse of Media Postings, Monitoring, Indemnification

Although Brilliant Logistics Solutions may, from time to time, monitor or review discussions, chats, blogs, forums, social media postings, transmissions, bulletin boards, and the like on the Information Service, Brilliant is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Information Service. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that could be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Brilliant Logistics Solutions will fully cooperate with any law enforcement authorities or court order requesting or directing Brilliant to disclose the identity of anyone posting any such information or materials. Brilliant Logistics Solutions reserves the right to remove messages or material posted by You, as a user of the Information Service, to message boards or other areas, at its sole discretion. By submitting messages and/or materials to the Information Service, You agree to indemnify, defend and hold harmless Brilliant Logistics Solutions from all damages, costs and expenses, including reasonable attorneys' fees and costs arising out of all claims, challenges or actions, including claims for infringement, libel and slander, related to your submission.

Brilliant Logistics Solutions may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through our websites. In addition to any other rules or regulations that we may post in connection with a particular service, You agree that You shall not upload, post, transmit, distribute or otherwise publish through any website or any service or feature made available on or through our websites, any materials which (A) restrict or inhibit any other user from using and enjoying the websites or the websites’ services, (B) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (C) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (D) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (E) contain a virus, spyware, or other harmful component, (F) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (G) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Brilliant Logistics Solutions. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.

Disclaimers, Limitations of Liability and Indemnification

THIS INFORMATION SERVICE AND THE CONTENT ON AND MADE AVAILABLE HEREIN, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE ON AN "AS IS" BASIS ONLY 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. USE OF THIS INFORMATION SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. BRILLIANT LOGISTICS SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS INFORMATION SERVICE AND THE CONTENT ON AND MADE AVAILABLE THROUGH THIS INFORMATION SERVICE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT.

Brilliant Logistics Solutions shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including, without limitation, lost revenues or lost profits, which may or does result from the use of, access to, or inability to use this Information Service, the content, or the products or services connected therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail their essential purpose. You acknowledge that Brilliant Logistics Solutions sole obligation and exclusive responsibility in the event of material and continuing non-conformity, defect or error in the Information Service shall be to take reasonable corrective actions upon discovery of the problem, and in no event shall Brilliant Logistics Solutions and/or its third party information provider's cumulative liability under this agreement exceed the total fees paid by You to Brilliant during the preceding 6 months. Brilliant Logistics Solutions liability is limited to the fullest extent permitted by law.

You agree to defend, indemnify, and hold harmless Brilliant Logistics Solutions, its contractors/subsidiaries/affiliated companies, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including without limitation attorneys' fees and litigation expenses) relating to or arising from this Information Service, your use of this Information Service (or any derivatives of this Information Service offered to You) or any use under your password whether or not authorized by You, your fraud, violation of law, or willful misconduct, and any breach by You of these Terms & Conditions, including, but not limited to, your use of our site, uploading, emailing, posting, publishing, transmitting or submitting any content related to our site, or any misrepresentation, breach of warranty or certification made by You.

Dispute Resolution

Brilliant Logistics Solutions is focused on the business of providing a qualification and monitoring service based on current FMCSA information, and we want to make sure that our entire organization is available to answer your questions. We want make our service and your business successful. Therefore, you agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving Brilliant Logistics Solutions shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Madera County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Brilliant Logistics Solutions may seek any interim or preliminary relief from a court of competent jurisdiction in Madera County, California necessary to protect the rights or property of you or Brilliant Logistics Solutions pending the completion of arbitration.

General Provisions

We want to make sure that the rules governing our relationship are well understood by all parties. In furtherance of this effort, the following general terms govern our relationship, this Agreement and your use of the website: This is the entire Agreement governing the use of the Brilliant Logistics Solutions site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of California, without regard to that state's conflict of laws provisions. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Brilliant Logistics Solutions in accordance with applicable law, and the remainder of the Agreement shall remain in full force. A registered user shall pay all reasonable costs and attorney fees incurred by Brilliant Logistics Solutions in enforcing the terms of this Agreement. This Agreement binds and ensures to the benefit of each party's permitted successors and assigns, and Brilliant Logistics Solutions may assign its right to payments and assign this Agreement without subscriber's consent. The headings in this Agreement are for convenience only and do not alter the rights and obligations of the parties. The explanatory phrases and terms used in the Agreement are illustrative examples, and other reasons may exist justifying and/or explaining the existence of certain terms. The provisions of this Agreement are not for the benefit of any third party.

Termination Policy

Brilliant Logistics Solutions may with or without notice, terminate your access to this Information Service in the event You violate these Terms & Conditions or for any reason or for convenience. Brilliant Logistics Solutions may deny or cancel service immediately at its sole discretion if complaints are received. You may request to terminate at any time upon no less than 30 days advance written notice. Upon termination, immediately discontinue your use of the Information Service and destroy all materials obtained from the Service. Payment obligations, as agreed to by You in writing, in advance of termination, may survive termination. In the event You terminate a contract early, Brilliant Logistics Solutions reserves the right to charge back multiple month term contract sign-up discounts received.

Cancellation of Service

Cancelling an account or trial account must be made in writing via email (contact@brilliantlogisticssolutions.com) or web contact form (http://www.brilliantlogisticssolutions.com/contact-us) only. The date of cancellation will be when it is received by Brilliant Logistics Solutions and thus ends this agreement. Any and all payments and charges are non-refundable. So if you cancel your account, any remaining balance will not be refunded. If you create a trial account and do not cancel it before the end of the trial period, your account will be activated, and the credit card on file will be charged automatically. Brilliant Logistics Solutions reserves the right to allow accounts, and at its sole discretion, to cancel this agreement and discontinue service at any time.

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