This agreement (referred to as “Agreement”) outlines the terms and conditions governing your use of our services, accessible under the freightboss.org domain (“Site”), provided by Freight Boss, LLC (“FB”). For the purposes of this Agreement, users of the Site will be collectively referred to as (“You” or “User” or “Shipping Customer” or “Service Provider,” as applicable).
By accepting and utilizing this Site, you acknowledge and agree to be bound by these terms of use (“Terms of Use”), which include any future changes that may be adopted by us. Additionally, you commit to comply with all applicable laws, rules, and regulations (collectively referred to as “Law”).
User Information
You agree to maintain accurate contact information, including a current mailing address, telephone number, and email address, as a condition of using this Site. By utilizing this Site, you acknowledge that Freight Boss, LLC (FB) may record any data collected and/or telephone conversations with Freight Boss and its officers, directors, owners, managers, members, shareholders, agents, employees, and/or assigns for quality assurance purposes and any other purpose deemed appropriate for future business.
Responsibility for any information you provide via this Site to Freight Boss or other users in the registration, shipping, and transportation process lies with you.
Freight Boss serves as a passive conduit, providing this Site for any and all communications and/or distribution of information. Freight Boss holds no control, editorial or otherwise, over any communication, information, or the content of such communications within this Site posted by a user. FB (Freight Boss) does not warrant the accuracy or reliability of such communications and information, nor will FB (Freight Boss) act as a monitor over the content of such communications and information.
You agree to grant FB (Freight Boss) a royalty-free, perpetual, irrevocable, non-exclusive license to exercise the copyright, publicity, and database rights that you have in your communications, information, and/or content.
Furthermore, you agree not to use the personal information of other users except in connection with legitimate Freight Boss business offered on this Site, and you will refrain from using any information to generate or send spam.
Freight Boss will never specifically ask for your password. Instead, Freight Boss may use “challenge” questions or other appropriate means to verify user identities to assist with the password resetting process.
Freight Boss reserves the right to terminate or suspend any user’s account that abuses this policy, at Freight Boss sole and absolute discretion.
Copyright Compliance Policy
To ensure compliance with the Digital Millennium Copyright Act (“DMCA”), Freight Boss will take action upon receipt of a notice of alleged copyright infringement. If you are a copyright owner or a representative of the owner and believe that a user has submitted or uploaded material that infringes upon your Canada copyrights, you may submit notification in accordance with the DMCA by providing Freight Boss with the following information in writing:
- For DMCA compliance, please provide identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Include identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site. This may include the URL(s) of the claimed infringing material.
- Provide information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an email address.
- Include a statement by you affirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Off-Site Communication
Freight Boss (FB) strictly prohibits users from knowingly or purposefully attempting to circumvent FB by offering other users the ability to transport freight outside of this Site without the express written permission of FB. Freight Boss reserves the right to withhold such permission at its sole discretion.
- Prohibitions include providing personal or business contact information for the sole purpose of soliciting or causing to be solicited any potential shipments that were originally listed on this Site.
- Using personal or business contact information, such as website domains, fax numbers, or email addresses obtained via this Site for the purpose of offering or circumventing Freight Boss and its services is strictly prohibited.
Freight Boss (FB) reserves the right to edit, amend, or delete any contact information, whether business or personal, that users submit via this Site. Furthermore, FBretains the right to suspend or delete any user account due to off-Site communications or transactions.
Load/Freight Information
The load information presented on this Site is posted by independent shippers and other third parties and is not monitored by Freight Boss for content or accuracy. Load information encompasses pick-up location and points of contact. Similarly, freight information, describing the commodity being transported by the service provider, may come from independent shippers and other third parties and is not monitored by Freight Boss for content or accuracy. Freight Boss can provide manufacturer information from its equipment specifications database, but this may not always be accurate due to differing equipment configurations or after-market changes, and such information is not monitored by Freight Boss for content or accuracy. Fluids, fuel, and other extraneous matter, such as mud, clay, sand, plant and tree debris, stray asphalt, or concrete, may be present on any equipment, adding weight to the load. Additionally, equipment may have been modified and may not correspond to the original manufacturer’s specifications.
Service Providers will receive information through a “Load Advisor” section, provided by a combination of Freight Boss and other third parties. Due to various sources, this information may not always be accurate. It is the responsibility of the Service Provider and User to verify the accuracy of all information before loading a machine or ordering permits.
For these reasons, Freight Boss highly recommends that Users accessing or relying upon load information contact the individual Shipping Customers anonymously through the website that posted the load information to obtain final and confirmed load details. FB (Freight Boss) advises Users not to rely solely upon the postings on this Site, and Users agree to contact the Shipping Customers to obtain all load details before accepting the load. Freight Boss explicitly disclaims any responsibility for inaccurate or incomplete information contained in load postings.
- Freight Estimator Tool: Freight Boss may provide a Freight Estimator Tool, designed to give a rough order magnitude freight cost estimate to a User in advance of purchasing equipment. FB expressly disclaims any responsibility for inaccurate or incomplete information contained in the Freight Estimator Tool.
- Bill of Lading: Freight Boss may generate a bill of lading (“BOL”) on behalf of the Service Provider. This BOL is issued for convenience, and FB expressly disclaims any responsibility for inaccurate or incomplete information contained in the BOL.
Fees
Freight Boss For Business Fees:
High volume shippers can opt for a monthly subscription fee, granting them unlimited usage within the FB marketplace. This subscription allows high volume shippers to utilize FB and its services as an in-house freight management system. While high volume shippers are bound by the terms of their individual user agreement, they are still subject to these Terms of Use.
Shipper Matching Fees:
If a user chooses to list their load via the Auction Style, a matching fee will be applied. This fee is calculated as a percentage (%) of the total transport costs. FB exclusively assesses the matching fee, with all other costs being negotiated directly between the service provider and the shipping customer.
Furthermore, you warrant that you will not:
- Cause another person, entity, or agent to engage in any conduct, act, or behavior intended to purposely circumvent or avoid any applicable fees charged by Freight Boss(FB).
- Enter into any transaction with a user, including, but not limited to, a letter of intent, memorandum of understanding, whether written or verbal, or formal or informal, that circumvents or avoids Freight Boss(FB) absolute right to a fee for its services.
No Refunds or Cancellations
You acknowledge that, due to the nature of our services being performed and delivered at the time of payment, no transactions can be cancelled once initiated. FB is under no obligation to refund any payments made by you in connection with any transaction, regardless of the reason for initiation.
Disclaimer and Limitation of Liability
All content distributed and transmitted are on an “as-is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. Freight Boss is not responsible or liable for any infections, viruses, and/or contamination of your system. Freight Boss further disclaims any liability for any delays, inaccuracies, errors, or omissions arising out of your use of the site or with respect to content on the site.
To the fullest extent permitted by applicable law, Freight Boss and its affiliates, and their respective officers, directors, shareholders, owners, managers, members, agents, employees, and assigns will not be responsible for any damages of any kind, including, but not limited to, compensatory, consequential, incidental, indirect, special, or similar damages, that may result directly or indirectly from the use of, or the inability to use, the site and/or the services or information provided by Freight Boss and/or third parties.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Fraud
Freight Boss may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with this site. users engaged in soliciting a price quote for a move or bidding on services related to a move may not manipulate the bid price for any shipment or interfere with other users’ listings or transactions.
Miscellaneous
These terms of use, together with Freight Boss privacy policy and any other policy posted on this site, constitute the entire agreement between FB and you relating to this site. This agreement supersedes any prior representations, discussions, and/or communications or advertising relating to this site. If any part of these terms of use is found to be invalid or unenforceable by a court of competent jurisdiction, you agree that every attempt will be made to give effect to the parties’ objectives as reflected in that provision to the extent permitted by applicable law, and such a finding will not affect the balance of these terms of use, which will remain valid and enforceable.