User Agreement
Freight Book 365 Inc User Agreement
You agree to and understand the following in its entirety:This Freight Book 365 Inc User Agreement (“User Agreement”), the Freight Book 365 Inc Privacy Policy (“Privacy Policy”), and all policies posted on our FreightBook365.com domain, sub-domains, other Freight Book 365 Inc Powered sites, the Freight Book 365 Inc mobile applications, any available Freight Book 365 Inc APIs, and all other related services, websites, applications, and tools furnished to you in Freight Book 365 Inc’s online shipping marketplace, describe the terms and conditions with which Freight Book 365 Inc offers you, a registered user (also referred to as “you”, “your”, “user”, or “Freight Book 365 Inc user”), access and use of our shipping marketplace services (collectively, “Services”).
When you accept the terms and conditions of this User Agreement, you hereby agree and acknowledge that at any time and in our sole discretion, we may modify the terms and conditions of this User Agreement. If we make changes to the terms and conditions of this User Agreement, we will notify you of such changes through email and/or by posting the modified User Agreement on the Freight Book 365 Inc website and by updating the “Last Revised Date” at the bottom of this User Agreement. All modified terms and conditions shall take effect immediately after posting to the Freight Book 365 Inc website, or upon the stated date included within our notice. Your continued use of the Freight Book 365 Inc Services following the effective date of such changes will constitute your acceptance and consent to any, and all modified terms. This User Agreement may not be modified, amended, and/or changed by you in any manner. Furthermore, you agree that we may modify this User Agreement or discontinue our Services at any time and without notice and without any liability or responsibility to you.
The legal entity you are entering into this User Agreement with is Freight Book 365 Inc, an Ohio Corporation, located at 52 Public Square, Medina, OH 44256 or Mailing address: PO Box 148, Brunswick, OH 44212.
THIS USER AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE SEE SECTION 35 OF THIS USER AGREEMENT BELOW REGARDING RESTRICTIONS ON YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, USER AGREEMENT, OR PRIVACY POLICY. THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER GOVERNS HOW CLAIMS AGAINST FREIGHT BOOK 365 INC CAN BE BROUGHT BY YOU AS A USER. BY AGREEING TO THE TERMS OF THIS USER AGREEMENT, YOU ACKNOWLEDGE AND AGREE TO SUBMIT ALL CLAIMS YOU MAY HAVE AGAINST FREIGHT BOOK 365 INC THROUGH FINAL AND BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
Payment Processing Services
NOTE: Freight Book 365 Inc does not copy, store or in any way retain any banking information for any of our platform users. Your banking information is securely handled by Plaid™.
Payment processing services for Shippers and Freight Providers on the Freight Book 365 Inc software platform are provided by SafePay, PayNote, NMI, and Seamlesschex and are subject to their terms (collectively, the “PayNote, NMI and Seamlesschex Terms” found here: Seamlesschex Terms of Service and NMI Terms and Use).
By agreeing to this User Agreement, you agree to be bound by the PayNote, NMI, and Seamlesschex Terms Agreement, as the same may be modified by PayNote, NMI, and Seamlesschex from time to time. As a condition of Freight Book 365 Inc enabling payment processing services through PayNote, NMI, and Seamlesschex, you agree to provide Freight Book 365 Inc with accurate and complete information about you and your business, and you authorize Freight Book 365 Inc to share it and transaction information related to your use of the payment processing services provided by PayNote, NMI, and Seamlesschex.
No Guarantees
Freight Book 365 Inc does not guarantee any pricing, delivery, logistics, or other terms of business between you and other users of Freight Book 365 Inc’s Services. Freight Book 365 Inc does not provide any comprehensive guarantees regarding the use of its Services, and our Services are not a substitute for thoughtfulness and awareness when engaging in business with other users.
We at Freight Book 365 Inc are not responsible for any losses, damages, or injuries that may result from your choice to engage in, or business you transact with, another user of our Services. If you do not agree with the foregoing, please do not use our Services.
Freight Book 365 Inc does not save any banking information on our sites, servers or platforms. All banking information is handled by Plaid’s™ very highly secure encrypted systems.
Account Security
Freight Book 365 Inc warns against you providing anyone with access to your login credentials to your user account. However, if you do give someone your username and password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions the person performs while using your account, even if those transactions are fraudulent or you did not intend or want them performed.
License and Acceptable Use
The Freight Book 365 Inc Services contain copyrighted material, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos or applications, and code (“Intellectual Property Content”) all of which, unless otherwise indicated and/or provided pursuant to a third-party license, are our sole property and we retain all appurtenant rights, interests, and title thereto. We also claim ownership rights under the copyright and trademark laws regarding the “look”, “feel”, “appearance”, and “graphic function” of our Services including, but not limited to, its color combinations, sounds, layouts, and designs.
You agree and acknowledge that your use of the Freight Book 365 Inc Services does not confer upon you any license or permission to use our (or any third party’s) Intellectual Property Content. You shall not reproduce, reverse engineer, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purposes. All other trademarks, service marks, and copyrights are held by their rightful owners.
Freight Book 365 Inc grants to you a non-exclusive, non-transferable (except as permitted below), worldwide limited license to make use of the Freight Book 365 Inc services. This license does not include any resale of Freight Book 365 Inc Services, or its contents. You may not collect and/or use any shipment listings, descriptions, or prices for any reason. You may not engage in: any derivative use of any Freight Book 365 Inc Service or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in this User Agreement are reserved and retained by Freight Book 365 Inc or its licensors, suppliers, users, rightsholders, or other content providers. No Freight Book 365 Inc Service, nor any part of any Freight Book 365 Inc Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Freight Book 365 Inc. You may not misuse the Freight Book 365 Inc Services. You may use our Freight Book 365 Inc Services only as permitted by law.
2. Definitions
Pro Shipper: A company or its agents that arrange to have goods shipped on their own behalf by any type of conveyance. The Shipper might be the consignee (recipient of the shipment) or the consignor (sender of the shipment), or a third party that is neither. On Freight Book 365 Inc, Shippers may be referred to as the “Shipper,” “Shipping Customer,” “Customer,” or “Booking Party.” Freight Service Provider (“FSP”): Any party, agent, or Carrier that provides freight transportation and related services to a Shipper or agency. For the transportation of goods, this includes Carriers, Brokers, freight forwarders, and third-party logistics providers. On Freight Book 365 Inc, Freight Service Providers may be referred to as simply “Freight Providers.” Carrier: An Owner Operator or Trucking company who provides transportation of goods (or livestock) for compensation. Broker: (mainly will be posting loads for carriers on Freight Book) A person who, for compensation, arranges or offers to arrange the transportation of goods by an authorized motor carrier. Motor carriers, or persons who are employees or bona fide agents of Carriers, are not Brokers within the meaning of this definition when they arrange or offer to arrange the transportation of shipments that they are authorized to transport and they have accepted and legally bound themselves to transport. Online Sales and Auction Partner (“Partners”): A Company or Entity that allows Freight Book 365 Inc to have our services, advertisement, blogs, banners, buttons or other Freight Book 365 Inc presence or marketing on their websites and available to their users. Some partners may receive compensation, for these allowances, directly from Freight Book 365 Inc.
3. Freight Book 365 Inc is a Neutral Venue and Digital Clearinghouse
Freight Book 365 Inc is not a Freight Service Provider or Shipper. Our website acts as a venue where Shippers and FSPs can interact and enter into agreements. Freight Book 365 Inc is not a party to any shipping agreement made between Freight Book 365 Inc users via the Freight Book 365 Inc software platform. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. Freight Book 365 Inc does not prequalify or validate the claims or qualifications of FSPs, nor does Freight Book 365 Inc prequalify or validate the claims of Brokers including those related to compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). Freight Book 365 Inc does not endorse, recommend, or refer any specific FSP or Shipper, nor do we have any control or influence over actions or decisions made by users of the Service. All users of the Freight Book 365 Inc software platform make their own decisions. You acknowledge and agree that we are not arranging transportation, shipping, or logistics services on your behalf. Because we are not involved in the actual transaction between Shippers and FSPs, we have no control over the accuracy of listings, the ability of FSPs to transport items, or the ability of Shippers to send items. We cannot ensure that the Shipper or FSP will complete a shipment. We cannot and do not guarantee the ability of users to complete or fulfill any services booked through the Freight Book 365 Inc software platform. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any user’s identity. Freight Book 365 Inc utilizes Plaid™ (https://plaid.com/legal/terms-of-use/) banking info and Identity verification Software to reduce fraud in the trucking industry. These tools are a great help to our users and works to keep our freight platform fraud free. Any identity verification methods we employ are strictly on a best-efforts basis and should not be solely relied upon by our users. You acknowledge and agree that any and all communications, correspondence, verbal, written, or electronic, or any warranties or representations made regarding the arrangement of transportation services are not provided by us and are specifically and solely between You and the other user.
Access to Site and Services: You agree that you can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended Freight Book 365 Inc users. You acknowledge that you are at least 18 years of age and have reached the age of majority in the state or jurisdiction where you live or reside. If you are not yet 18 years old or have not reached the age of majority in the state or jurisdiction where you live or reside, you may not use our Services. Your Freight Book 365 Inc account may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. If you are using our Services as a Broker, you agree that you possess the authority to act as a Broker or a Carrier on behalf of a Shipper or FSP. Users who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the Freight Book 365 Inc Services are transportation services only and that work that you provide will only involve transportation services. You agree that you will not use your participation in the Freight Book 365 Inc website to sell or market any types of goods or products, unless specifically allowed by Freight Book 365 Inc in writing.
Shippers: You are responsible for reading all terms, conditions, and tariffs published by FSPs when booking shipments on Freight Book 365 Inc. You are agreeing to the FSP’s or Carrier’s terms, conditions, and tariffs, and entering into a legally binding agreement with the FSP, unless the transaction is prohibited by law or by this User Agreement. You acknowledge that, unless otherwise noted by the FSP, pickup dates, delivery dates, and transit times are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered (see Cancellation Section for additional details). An FSP reserves the right to inspect your shipment before accepting it and to refuse to transport any item prohibited by this User Agreement or by law. It is recommended that you confirm such compliance directly with the FSP before services are rendered by the FSP. Freight Book 365 Inc helps by providing easy delivery of Carrier documents to shippers and, after acceptance of a load bid, gives Shipper Users the ability to quickly confirm a Carrier through the FMCSA Safer System.
Freight Service Providers: You must legally be permitted to transport the shipments you engage through Freight Book 365 Inc. You agree that it is your sole obligation to comply with all laws, rules, statutes, and regulations that may apply, including all local, state, and federal licensing requirements. FSPs agree that they are solely responsible for all aspects of services, pricing, and terms they offer the Shipper. Rates, services, and terms are solely provided by the FSPs and not by Freight Book 365 Inc. Freight Book 365 Inc does not verify or adhere to the terms put forth by the FSP, which are available on the FSP’s or Carrier’s on-site public profile. You understand and acknowledge that all shipment information is provided by other registered users and Freight Book 365 Inc has no control over or responsibility for the accuracy of this information. You are responsible for reading all the shipment details, and by booking shipments on Freight Book 365 Inc, you are entering into a legally binding agreement to complete the services as requested by the Shipper.
Payments For Subscribers: Pro Shippers and Carriers: There is a monthly membership fee of $59.95 per month for all Pro Shippers and Carriers (FSPs or Carriers). When you sign up, you agree to pay recurring monthly payments for as long as you remain an active member of Freight Book 365 Inc. We reserve the right to run promotional offerings, free time, price changes, or discounts at any time.
Broker: There is a yearly membership fee of $24.99 for all Broker Load Posting accounts. When you sign up, you agree to pay recurring monthly payments for as long as you remain an active member of Freight Book 365 Inc. We reserve the right to run promotional offerings, free time, price changes, or discounts at any time.
Cancellations: Pro Shippers, Brokers, and Carriers may cancel at any time by either calling customer service at 330-539-3900 or emailing at customercare@freightbook365.com. We do not offer or pro-rate refunds. We must receive your cancellation request at least 5 business days prior to your monthly billing renew date. If you wish to cancel and do not notify us within 5 days of your billing date, and your card is charged for a month of membership, no refund will be given. You will be permitted to use our services for the remainder of that month, and you will no longer be charged after that month’s membership usage expires.
Payments For Bid Board Users (Free shipping accounts): The Shipper pays their Freight Book 365 Inc accepted bids with the full shipping price and any applicable fees. Shippers will be given one to 3 payment options at the time of booking with an FSP. Shippers can pay by Credit card if the shipment cost is between $1.00 and $1,500.00. A minimum 3% credit card fee is applied to all credit cards for merchant fees. Due to the diverse charges by customer card merchants, we will display the total charge at checkout where you pay your freight service charges. If the freight amount is $1,501.00 – $25,000.00, customers can pay by E-Check. There is a $20.00 fee for this service and it will be shown at checkout. If your freight shipping cost is over $25,000.00, you will be required to send a wire. Wires have a $20.00 fee above and beyond your bid amount. As part of the Freight Book 365 Inc service, Shippers will make online payments to Carriers through our safe and secure SafePay™. SafePay™ is a legal entity that enables Freight Book 365 Inc to accept payments for freight services. Freight Book 365 Inc Payment is not an escrow service, and each Shipper is in control of payments made through SafePay™. The funds paid by the Shipper are held in suspension until the Carrier fulfills their service and delivers the Shipper’s freight. Carriers will have the destination sign the shipment Proof of Delivery (POD) and upload it to the respective shipment in the Freight Book system. SafePay™ operates in this manner to protect both the Shipper and the Carrier from potential fraud.
Shippers pay the freight bill, but the payment does not release to the Carrier until the delivery process is complete. Carriers can see that the Shipper has paid the freight bill, and funds are on hold until delivery. Freight Book 365 Inc does not have control over the payments or the release of payments. However, we can assist both parties in the event of a dispute or other problem. Our Disputes Department provides free problem resolution for disputes between Shippers and Carriers (FSPs or Carriers). Simply contact Customer Care if a dispute arises.
The Shipper agrees to release the payment to the FSP upon delivery of the shipment, regardless of any damages, delays, or other service level issues that may have occurred during transit. Freight Book 365 Inc makes commercially reasonable efforts to ensure proper disbursement of funds among Shippers and FSPs. However, Freight Book 365 Inc is not liable or indebted to the FSP if the Shipper fails to satisfy the payment condition. Freight Book 365 Inc will not be liable to the Shipper for any damages, missing items, or other service level issues that occurred during the shipping process. If a Shipper refuses to release the payment, Freight Book 365 Inc cannot release payment without the Shipper’s consent under any circumstances, and the right to payment by the FSP depends on the Shipper’s consent.
It is the responsibility of both the FSP and Shipper to resolve all monetary disputes, damage claims, breach of contract claims, etc., outside of Freight Book 365 Inc. The Shipper and FSP acknowledge and agree that Freight Book 365 Inc has no obligations or liability to the FSP unless Freight Book 365 Inc fails to fulfill its explicit obligations under this agreement. The service charge is non-refundable in the event of a completed shipment.
Unwarranted chargebacks or payment reversals initiated by Freight Book 365 Inc users are prohibited and will result in the suspension of your Freight Book 365 Inc account. Additionally, it may result in Freight Book 365 Inc pursuing any and all options available to collect the withdrawn funds, including sending your unpaid account to a third-party collection agency or litigation. Freight Book 365 Inc requires all customers to contact us before canceling any payments or initiating any chargebacks. If an unwarranted payment cancellation or chargeback is initiated, you agree that any costs or losses due to that action are your responsibility and will be added to the original freight charge. In case shipping services were not performed, all users must follow the Freight Book 365 Inc cancellation policy described in Section 11 below. The Freight Book 365 Inc cancellation process ensures the integrity of the feedback system and accuracy of any refund.
There are situations where a chargeback may be warranted, such as when a user believes that their card or payment method has been charged fraudulently. Before initiating any chargeback, Freight Book 365 Inc must be notified by the cardholder to investigate the claim and determine if a chargeback is appropriate. A chargeback may not be filed as a replacement or addition to a cancellation of a Freight Book 365 Inc transaction.
If an unwarranted chargeback of the Shipper’s payment is initiated and accepted by the payment processor or other entity, Freight Book 365 Inc reserves the right to charge the FSP for any costs associated with the chargeback. If a chargeback is accepted, the FSP becomes responsible for that invoiceable amount.Shipper Listing / Posting Fees: Shipper Service Charges: Freight Book 365 Inc does collect a small service fee on Shipper accepted loads. Your freight bid includes all applicable service fees, and additional small fees may apply based on your chosen payment option. The fees for each payment option are displayed when you are prompted to pay for your shipment. This fee is non-refundable in the event of a completed (Delivered) shipment.
Shipper Service Charges: Freight Book 365 Inc does collect a small service fee on Shipper accepted loads. Your freight bid includes all applicable service fees, and additional small fees may apply based on your chosen payment option. The fees for each payment option are displayed when you are prompted to pay for your shipment. This fee is non-refundable in the event of a completed (Delivered) shipment.
Carriers (FSP) Transaction Fees: FSPs only pay their monthly membership fee and can search and book unlimited shipments each month.
FB365-SafePay (for bid board only):
FSPs or Carriers will be charged a 0.007% FB365-SafePay fee on accepted bids paid by shippers. This fee supports our pay-at-delivery system, helping Carriers (FSPs or Carriers) maintain cash flow without relying on factoring companies. Penalty Fees: FSPs or Carriers will be charged a 0.01% Seamless Chex Transfer fee on accepted bids paid by shippers. This fee supports our pay-at-delivery system, helping Carriers (FSPs or Carriers) maintain cash flow without relying on factoring companies. Penalty Fees: FSP Excessive Cancellation Surcharge: Refer to the Cancellation Section below for the cancellation policy. FSPs with excessive cancellations at booking will incur a variable surcharge added to the FSP transaction fee based on their previous 12-month cancellation rate on Freight Book 365 Inc. Freight Book 365 Inc may impose an excessive cancellation fee for rates above 10%. Failed ACH Fees: A $35.00 USD fee will be assessed if payment by bank account (ACH) is not received for any reason. Unpaid Balance Fees: Unpaid Balances must be settled immediately. If unpaid for 5 days, your account may be held, and if unpaid for 30 days, it will be suspended. If unresolved within 60 days, the account may be sent to collections. Interest of 5% per month may be charged on unpaid balances. Freight Book 365 Inc reserves the right to take additional action necessary to collect unpaid balances, including reporting to credit agencies and law enforcement. Authorization to Credit and Debit Accounts (Monthly Memberships): You agree to maintain a valid credit card or bank account on file with Freight Book 365 Inc during activity with our services. Failure to do so may result in account discontinuation or banning. Freight Book 365 Inc is authorized to withhold or debit any owed amounts from your identified account. Match Cancellations and Account Credits: Either party may request a cancellation after booking on Freight Book 365 Inc but before services are performed. Cancellations should follow reasonable attempts to reach agreement. The other party will be notified and can respond accordingly. Accepting the cancellation and providing your reason; Accepting the cancellation but providing your own reason and/or comments; or Disputing the cancellation and requesting review by Freight Book 365 Inc staff. If your request for cancellation is accepted by the other party, the match will be canceled, and the shipment can either be relisted or deleted. If your cancellation request is disputed by the other member, then the request will be sent to Freight Book 365 Inc Mediation Department, and a determination will be made regarding the cancellation. If the other party does not respond, the cancellation and reason will be automatically accepted. Bid board Refunds and Credits: For all canceled shipments booked using the bid board (Free posting accounts), Freight Book 365 Inc collects the Shipper Service Charge as our cancellation fee. At Freight Book 365 Inc’s sole discretion and on a case-by-case basis, we may offer the cancellation fee as a discount on a future transaction. However, such a discount is conditional on the Shipper completing a future transaction with Freight Book 365 Inc within 365 days. This discount has no cash value and is non-transferable. A Shipper may receive a full refund of the booked shipment price and Shipper Service Charge for canceled Freight Book 365 Inc Payments transactions up to 120 days after the booking date, provided the Freight Book 365 Inc payment was collected. Excessive Cancellations: Every FSP is allowed 1 cancellation for every 10 booked shipments without penalty. Each cancellation above this allowance is considered excessive. FSPs with excessive cancellations at booking or acceptance may have a variable surcharge added to their transaction fee based on their previous 12-month cancellation rate on Freight Book 365 Inc. Repeat excessive cancellations may result in account restrictions or permanent bans.
Match Cancellations and Account Credits: Match Cancellations and Account Credits: Either party may request a cancellation after booking on Freight Book 365 Inc but before services are performed. Cancellations should follow reasonable attempts to reach agreement. The other party will be notified and can respond accordingly. Accepting the cancellation and providing your reason; Accepting the cancellation but providing your own reason and/or comments; or Disputing the cancellation and requesting review by Freight Book 365 Inc staff. If your request for cancellation is accepted by the other party, the match will be canceled, and the shipment can either be relisted or deleted. If your cancellation request is disputed by the other member, then the request will be sent to Freight Book 365 Inc Mediation Department, and a determination will be made regarding the cancellation. If the other party does not respond, the cancellation and reason will be automatically accepted. Bid board Refunds and Credits: For all canceled shipments booked using the bid board (Free posting accounts), Freight Book 365 Inc collects the Shipper Service Charge as our cancellation fee. At Freight Book 365 Inc’s sole discretion and on a case-by-case basis, we may offer the cancellation fee as a discount on a future transaction. However, such a discount is conditional on the Shipper completing a future transaction with Freight Book 365 Inc within 365 days. This discount has no cash value and is non-transferable. A Shipper may receive a full refund of the booked shipment price and Shipper Service Charge for canceled Freight Book 365 Inc Payments transactions up to 120 days after the booking date, provided the Freight Book 365 Inc payment was collected. Excessive Cancellations: Every FSP is allowed 1 cancellation for every 10 booked shipments without penalty. Each cancellation above this allowance is considered excessive. FSPs with excessive cancellations at booking or acceptance may have a variable surcharge added to their transaction fee based on their previous 12-month cancellation rate on Freight Book 365 Inc. Repeat excessive cancellations may result in account restrictions or permanent bans.
Mobile Application: When using the Services on a mobile device or the Freight Book 365 Inc mobile application, you must adhere to traffic laws, drive safely, and not interact with the app while driving. Freight Book 365 Inc does not guarantee compatibility with all devices and is not liable for any damages or issues arising from device compatibility or misuse of the application. You are responsible for ensuring you have the correct application for your device and comply with all applicable laws.
Bills of Lading: Freight Book 365 Inc generates electronic and/or printable bills of lading for certain shipments based on booking information provided by both parties. The bill of lading is non-negotiable and deemed to be prepared by the Shipper. Changes to a shipment after booking may require updates to the bill of lading or canceling and rebooking with updated information. FSPs are not obligated to honor rate quotes if there are alterations to the bill of lading or if the shipment is tendered to a carrier other than the selected FSP.
Carrier Cargo Claims and Carrier Limitations of Liability: Freight Book 365 Inc, as a neutral platform, does not set specific terms for Carrier cargo liability. The Carrier’s liability for any cargo damage, loss, or theft is determined by applicable law unless otherwise provided by the Carrier via the Freight Book 365 Inc software platform. Shipper should submit cargo claims promptly to the selected FSP for resolution, and Freight Book 365 Inc holds no liability or responsibility for such claims. Shipper cannot offset freight or other charges against claims. Carrier liability for cargo loss is governed by their General Rules Tariff or terms via Freight Book 365 Inc. If a shipment has predetermined exception value, the maximum exception liability will apply. Shipper’s recovery on cargo claims is limited to the Carrier’s published liability limits and tariffs chosen during booking on Freight Book 365 Inc.
Information You Submit: You are solely responsible for the accuracy and legality of any information you provide during registration, shipping, or using our Services. Your personal and shipment information must be truthful, legal, accurate, and non-fraudulent. You authorize Freight Book 365 Inc to use the information you provide in connection with our Services and according to this Agreement. Our Services act as a conduit for information distribution and do not constitute a sale of information. We do not control the content of communication or information and do not ensure its accuracy or reliability. However, we reserve the right to remove any content violating this Agreement, deemed illegal, discriminatory, threatening, or inappropriate. You bear legal responsibility for damages resulting from your online communication or information distribution. Additionally, you represent and warrant that: (1) you own or have the rights to post the communication, content, and/or information on Freight Book 365 Inc Services; or (2) you have a legitimate license to use, distribute, and reproduce such communication, content, and/or information. You grant us a non-exclusive license to use your communication, content, and/or information within the scope of our Services. Your online communication, content, and/or information must not violate our guidelines or be illegal, discriminatory, threatening, or inappropriate.
Violate any international, federal, or state law, regulation, rule, or statute.
Violate the terms of this Agreement.
Infringe upon any third party’s intellectual property rights including, but not limited to, copyright, patent, or trademark rights.
Contain obscene, lewd, or suggestive content, and under no circumstances will it contain pornography.
Be libelous, threatening, discriminatory, harassing, or defamatory. This specifically includes making legal claims of any sort about Freight Book 365 Inc employees, agents, other users, or any of the Freight Book 365 Inc Services.
Knowingly contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our Services, operation of any of our systems, and/or create or impose a large burden or load on our Services.
Scan or test the vulnerability or security of our Services or the system within which our Services operate.
Be used for commercial or public purposes outside of the requirements of this Agreement.
Knowingly create liability for Freight Book 365 Inc through your use of Freight Book 365 Inc’s Services.
Frame or link to our Services without our written permission; or
Knowingly involve the upload, or insertion of, any programming language or code into or onto our Services.
Freight Book 365 Inc User Messaging: Prohibited to provide contact info (Phone number, email address, URL) or baiting users to contact outside Freight Book 365 load board. Flagging system used by users to communicate policy violations. Red flag on three separate occasions may lead to account suspension or a monetary fine. Freight Book 365 Inc reserves the right to edit or delete information violating policies. Information Posted Publicly: Shipping transaction activity intended to be made public. Users authorize repurposing of information within the scope of Freight Book 365 Inc Services. Providing contact info prior to booking and on public areas is prohibited. Information Posted Privately: Freight Book 365 Inc granted the right to use non-public information in aggregate or non-user identifiable manner. Google Maps Integration: Portions of platform implement Google Maps subject to Google’s Terms of Service.
Prohibited Activities: Suspected engagement in prohibited activities may result in account suspension. Prohibited activities include: Requesting payment via instant cash transfer services. Improperly influencing feedback. Posting user feedback on personal or business websites. Manipulating feedback reviews. Asking for off-site payments. Charging extra for Freight Book 365 Inc Transaction Fee. Misrepresenting Transaction Fee collection. Circumventing or avoiding Transaction Fee. Entering personal contact information. Using personal contact info obtained through the site for off-site delivery. Using Freight Book 365 Inc name or URL without consent. Attempting to redirect traffic from Freight Book 365 Inc to personal website.
Right to Suspend or Remove Users
Freight Book 365 Inc reserves the right to reject, suspend, or remove user participation at any time and for any reason without notice. Reasons for suspension or removal include flagging, abusive behavior, unresolved disputes, fraud, violating agreements, and poor performance. Freight Book 365 Inc has no obligation to disclose the reason for actions taken, and all decisions are final. Feedback Ratings Users can rate each other after transactions. Feedback should be left only after delivery or cancellation. Feedback consists of comments and composite scores. Feedback should not be used outside of Freight Book 365 Inc. Users are responsible for the accuracy and legality of feedback. Resolving Feedback Disputes Feedback is permanent and cannot be edited. Users should resolve misunderstandings before leaving feedback. Options to respond to feedback include replying and requesting comment removal. Dispute Resolution Disputes should be reported to customer care. Disputes must be resolved directly between parties. Freight Book 365 Inc may assist in communication but is not responsible for resolving disputes. Users authorize sharing contact information for dispute resolution. Prohibited and Restricted Items Zero tolerance for pornographic or vulgar content. Shipment listings must comply with laws and regulations. Hazardous material must be checked with the Carrier. Household Goods Shipments FMCSA administers laws for household goods shipments. Users can check FMCSA registration and regulations. Non-household Goods Shipments FSPs handling interstate shipments must register with FMCSA. Users can check FSP registration and regulations. No Agency Agreement does not create any agency or employment relationship. Release Users release Freight Book 365 Inc from claims related to disputes or this User Agreement. Confidentiality/Non-Disclosure Users agree to keep Freight Book 365 Inc information confidential. Disclosure of confidential information to third parties, including competitors, is prohibited. Breach of confidentiality obligations may result in injunctive relief and damages.
Taxes
You are solely responsible for any and all taxes, levies, charges, and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by Freight Book 365 Inc.
Record Keeping/Audit Freight Book 365 Inc reserves the right to keep all records of any and all transactions and communications between You and other users for administration purposes in accordance with all applicable laws and regulations. All records will be kept in accordance with applicable privacy laws and regulations. Non-solicitation
During the term of this agreement, you shall not solicit to hire nor hire our employees of whom You become aware of through the performance of this Agreement. Furthermore, You shall not otherwise interfere with any of Freight Book 365 Inc’s other business relationships including, but not limited to, those with other Freight Book 365 Inc users, vendors, or business associates. Specifically, You shall not knowingly, directly or indirectly, solicit or attempt to solicit, divert, and/or send marketing content to any Freight Book 365 Inc user in which you initially met through Freight Book 365 Inc.
Unsolicited Idea Submission
We always want to receive messages and feedback from Freight Book 365 Inc users and welcome any comments regarding the Freight Book 365 Inc marketplace. However, Freight Book 365 Inc policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by Freight Book 365 Inc might be similar or even identical to your idea. If You do send Freight Book 365 Inc an unsolicited suggestion, idea, or proposal, or if You send, at the request of Freight Book 365 Inc, a comment or suggestion to improve the Freight Book 365 Inc Marketplace (for example, through discussion boards or via email) (collectively, the “Submission”), Freight Book 365 Inc will consider the Submission to be non-confidential and non-proprietary. Freight Book 365 Inc shall have no obligations concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. Freight Book 365 Inc shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.
Remedies
If You use our Services in violation of this agreement, we are authorized to take action against you as a user and/or take action against your Freight Book 365 Inc account which may include, but is not limited to, the immediate removal of your shipment listing(s), offers, bids, and/or profile, notifying our users of your actions, issuing a warning, temporarily suspending your user status, terminating your user status, and/or refusing to provide our Services to You in the future.
Limited Liability and No Warranty
You acknowledge that we cannot guarantee the continuous operation of or access to our sites, Services, or tools including those of third-party solution providers. You further acknowledge that operation of and access to our sites, Services, or tools including those of third-party solution providers may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that Freight Book 365 Inc is not responsible for any failures, delays, outages, or otherwise not making the Services available at any time. You agree that You are making use of our sites, Services, and tools including those of third-party solution providers at your own risk, and that they are being provided to You on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, warranties of title, and fitness for a particular purpose.In addition, to the extent permitted by applicable law, we are not liable, and You agree not to hold Freight Book 365 Inc responsible, for any damages or losses resulting in any way from the foregoing in this Section 32, or the following: Viruses or other malicious software obtained by accessing our Services, or tools linked to our Services including those of third-party solution providers. Glitches, bugs, errors, or inaccuracies of any kind including information and graphics obtained from or in our Services. The content, actions, or inactions of third parties, including items listed using our Services. Your need to modify practices, content, or behavior or your loss of or inability to do business, because of changes to this Agreement or our policies. Changes to the Service availability, including planned or unplanned Service downtime. Changes to any Freight Book 365 Inc products, features, or Services. Your removal from the Freight Book 365 Inc marketplace. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You. In such jurisdictions, it is the intent of the parties to this User Agreement to make clear that Freight Book 365 Inc’s liability is extremely limited and provides its services “AS IS”, and if this User Agreement is modified by any Court of competent jurisdiction to conform to local law, such modification shall be conducted while preserving the original intent of the parties as closely as possible.
Indemnity:
You agree to indemnify and hold Freight Book 365 Inc and our officers, directors, agents, advisors, attorneys, accountants, and employees harmless from any claim or demand, including the cost of your attorneys’ fees, made by any third party due to or arising out of your negligence, breach of this Agreement, misuse of Freight Book 365 Inc’s Services, or violation of any law or the rights of a third party.
Legal Compliance:
Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Freight Book 365 Inc Services and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
Arbitration and Waiver of Class Actions:
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT IS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT”) AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. YOU UNDERSTAND AND AGREE THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT BY ENTERING INTO THIS AGREEMENT CHOOSE TO HAVE ANY DISPUTE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL. In consideration for our willingness to provide you with access to our sites, Services, or tools, you and we agree as follows: Any legal claim arising out of or relating to this Agreement or our Services (excluding legal action taken by Freight Book 365 Inc to collect our fees or recover damages for, or obtain an injunction relating to, the Freight Book 365 Inc operations, intellectual property, or Our Information), shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, including, if necessary, the Optional Rules for Emergency Measures of Protection. The arbitration shall be conducted in Medina, Ohio, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 35 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CLIENT OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT OR USER. YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING.
Trademark and Domain Name Protection:
The Freight Book 365 Inc Services contain trademarks, trade names, trade dress, service marks, domain names, and other indicia of ownership (collectively the “Marks”) owned or licensed for use by Freight Book 365 Inc. Unless otherwise agreed to in an Addendum to this Agreement, You agree that no right, property, license, permission, or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of our right of title to or license of use for, the Marks, and You shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Freight Book 365 Inc Services without express written consent. You may not use any meta tags or any other “hidden text” utilizing Freight Book 365 Inc’s name or trademarks without the express written consent of Freight Book 365 Inc. You shall not use or register any domain name that is identical to or similar to any of the Marks. To the greatest extent possible, Freight Book 365 Inc’s rights in our Marks and Our Information shall be enforceable and respected worldwide.
Disclaimer of Third-Party Materials and Links:
OUR SERVICES MAY DISPLAY, INCLUDE, OR MAKE AVAILABLE THIRD-PARTY CONTENT OR PROVIDE LINKS TO THIRD-PARTY WEBSITES OR SERVICES THAT FREIGHT BOOK 365 INC DOES NOT OWN OR CONTROL. FREIGHT BOOK 365 INC DOES NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD- PARTY WEBSITES, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU ACCESS A THIRD-PARTY WEBSITE OR SERVICE FROM OUR SERVICES OR SHARE YOUR DATA OR INFORMATION ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICE, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND THIS USER AGREEMENT AND THE FREIGHT BOOK 365 INC PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH WEBSITES. YOU EXPRESSLY RELEASE FREIGHT BOOK 365 INC FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, SERVICE, OR CONTENT.
Security:
Freight Book 365 Inc uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers (SSL). We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Services can be interrupted by numerous factors outside of our control.
Governing Law:
THIS AGREEMENT AND YOUR USE OF THE SERVICES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
Other Terms and Conditions:
You acknowledge and agree that Freight Book 365 Inc (We) have the sole discretion to set forth and post additional terms and conditions for your use of the Freight Book 365 Inc Services at any time. You agree that any additional terms and conditions that apply to your use of our Services shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that, if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth in those additional terms shall govern.
General:
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole, and any such provision should be enforced by authorities and reconstructed, if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation or arbitration involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
Notices:
All notices sent to Freight Book 365 Inc shall be sent by physical mail to: Freight Book 365 Inc, Inc., PO Box 148 Brunswick, OH. 44212 or via email to: customercare@freightbook365.com. All notices will be sent to You using the contact information you provide, and may be sent via regular mail, e- mail, text, phone call, or fax.
Drafting:
Nothing in this User Agreement shall be construed in favor of or against Freight Book 365 Inc by virtue of its role in drafting this User Agreement. Users are encouraged to read this document in its entirety and consult with independent legal counsel regarding questions.Last updated: July 30, 2025