Welcome to NRG Transportation Inc. ("the Company," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of the website located at https://nrgtransportation.us/ (the "Website"), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.
1. ACCEPTANCE OF TERMS
By accessing, browsing, or using this Website, or by clicking to "Accept" or "Agree" to the Terms of Use when this option is made available to you, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website. These Terms apply to all visitors, users, and others who access the service. Use of this Website is limited to users who are 18 years of age or older and reside in the United States or any of its territories.
2. BUSINESS STATUS DISCLOSURE
NRG Transportation Inc. is a Licensed Freight Broker registered with the Federal Motor Carrier Safety Administration (FMCSA), USDOT #4329853 and MC #1690404.
Brokerage Role: You acknowledge that NRG Transportation Inc. is not a motor carrier. We do not transport vehicles; we arrange for the transportation of vehicles by third-party motor carriers ("Carriers").
Independent Contractors: All Carriers are independent contractors and are not employees, agents, or partners of NRG Transportation Inc.
3. WEBSITE USAGE GUIDELINES
The Website provides information regarding vehicle shipping services, instant quoting tools, and booking interfaces. Your use of these tools is subject to the following:
Accuracy of Information: You agree to provide true, accurate, and complete information when requesting a quote or booking a shipment. Providing false vehicle dimensions, non-running status, or incorrect locations may result in price adjustments or cancellation.
Electronic Communications: By using the Website, you consent to receive electronic communications from us, including SMS and emails related to your quotes, bookings, and promotional materials, subject to our Privacy Policy and TCPA compliance.
4. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by NRG Transportation Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limited License: You are granted a non-exclusive, non-transferable, revocable license to access the Website for personal, non-commercial use or legitimate business inquiries regarding our services.
Prohibitions: You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without prior written consent.
5. PROHIBITED ACTIVITIES
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to:
Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
Engage in "scraping" or "data mining" to extract quote pricing, carrier data, or customer reviews for competitive analysis or resale.
Use any robot, spider, or other automatic device to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Use the Website to transmit or procure the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation.
6. THIRD-PARTY LINKS AND CONTENT
The Website may contain links to other sites and resources provided by third parties, including motor carriers, insurance providers, and payment processors. These links are provided for your convenience only.
No Control: We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Reliance: If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NRG TRANSPORTATION INC., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND.
Direct and Indirect Damages: This includes, but is not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Carrier Negligence: NRG Transportation Inc. is a broker. We are not liable for any damage to your vehicle, delays in transport, or criminal acts committed by third-party Carriers. Your sole recourse for vehicle damage is against the Carrier and the Carrier’s insurance policy.
Maximum Liability: In any event, our total cumulative liability to you for any claims arising out of the use of the Website shall not exceed the amount you paid to NRG Transportation Inc. for the specific service giving rise to the claim, or $100, whichever is less.
8. WEBSITE AVAILABILITY & DISCLAIMER OF WARRANTIES
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice.
Availability: We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
"As Is" Basis: Your use of the Website is at your own risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied.
Technical Errors: Neither NRG Transportation Inc. nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless NRG Transportation Inc., its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
10. GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York (or the state of the Company's primary registration) without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11. ARBITRATION
At the Company's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
12. WAIVER AND SEVERABILITY
No waiver by NRG Transportation Inc. of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
13. ENTIRE AGREEMENT
The Terms of Use, our Privacy Policy, and any Shipping Agreement/Bill of Lading issued to you constitute the sole and entire agreement between you and NRG Transportation Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
14. CONTACT INFORMATION
To ask questions or comment about these Terms of Use, contact us at:
NRG Transportation Inc.
Address: NRG Transportation Headquarters: 641 Lexington Avenue, New York ,NY 10022
Working Duration: Monday to Friday: 9:00 AM to 6:00 PM
Email: sales@nrgtransportation.us
Phone: (716) 250-3068