Welcome to Cashfreight.com! Please take some time to read over the following terms and conditions of use. These conditions you are agreeing to will govern your use of this website or mobile application. By using this website, you are agreeing to be bound to the terms and conditions set forth, and any changes to the terms and conditions of use that may come about in the future.
“You” refers to the individual or company accessing and using this website. If you are accessing and using the site on behalf of a corporation, partnership, limited liability company, or other business entity, then “you” also includes that entity and all individuals gaining access through its account with Cashfreight.com. Your company has exclusive responsibility for its employees, contractors, subcontractors, agents, and representatives (“Personnel”) Please note that these terms and conditions contain waivers of certain rights you have with us and our affiliates, directors, and representatives. Cashfreight.com is a DBA of Easyloadpro.com
ACCEPTANCE OF TERMS
Accepting these “Terms and Conditions of Use” constitute an agreement between you and Cashfreight.com that YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THEM. By accepting these terms and conditions once, you agree that you will be bound by them each and every time you use this website or otherwise interact with us online. If you do not agree to these terms and conditions, you may not access or otherwise use this website.
CHANGES TO TERMS AND CONDITIONS
We reserve the right, in our sole discretion and with or without notice, to change, modify, and add or remove any portion of these terms and conditions, in whole or in part, at any time. Notification to these terms and conditions will be posted on our website or delivered via email. Your continued use of our website, after such changes are posted, will constitute your agreement to such changed Terms and Conditions. Please check the Terms and Conditions periodically for changes.
LOAD POSTING RULES:
SHIPPERS REPRESENT AND WARRANT:
That they: (1) are a properly registered company; (2) Shall require transport of all property subject to the terms and conditions of this agreement; (3) Has and will maintain liability insurance according to the requirements through this website; (4) Will not allow double booking of any load contracted through this website; (5) They have the legal right to contract loads; (6) Follow all Federal, State, and Local laws relating to the performance of this agreement; (7) Agrees that all safety rules and regulations will be met and monitored during loading, unloading, and transportation and shall never allow the shipment of any loads with unsafe equipment or circumstances; (8) Will notify Cashfreight.com immediately if federal operating authority, or business licensing is revoked, suspended, or lost in any way; (9) Will defend, indemnify, and hold Cashfreight.com and its brokers, carriers, and customers harmless from any liability, claims, losses, or damages including attorney’s fees, arising out of shipper’s performance or violations of any of the terms of this agreement; (10) Expressly authorizes Cashfreight.com to accept all payments electronically and to pay all brokers, and carriers for services and waives all rights to collections for those services; (11) Allow Cashfreight.com to verify, collect, and disseminate information as necessary; and (12) Will comply with all load posting rules outlined below.
CARRIER REPRESENTS AND WARRANTS:
That they: (1) are a registered Motor Carrier of property and authorized to provide transportation of goods and property under contract with shippers and receivers; (2) Shall transport all goods and property subject to the terms and conditions of this agreement; (3) Have and will maintain insurance according to the requirements on each load contracted through this website; (4) Will not sublease or subcontract any load contracted through this website; (5) Have the legal right to contract loads; (6) Follow all federal, state, and local laws relating to the performance of this agreement; (7) Agree that all safety rules and regulations will be met and monitored during the transportation and shall never contract or transport any loads with unsafe equipment or circumstances; (8) Will notify Cashfreight.com immediately if federal operating authority, DOT#, or licensing is revoked, suspended, or lost in any way; (9) Will defend, indemnify, and hold Cashfreight.com and its shippers, brokers, and customers harmless from any liability, claims, losses, or damages, including attorney’s fees, arising out of carrier’s performance or violations of any of the terms of this agreement; (10) Expressly authorize Cashfreight.com to accept all payments from the shippers for carriers services and waives all rights to collections for those services; (11) Allow Cashfreight.com to verify, collect, and disseminate information as necessary; and (12) Will comply with all load confirmation rules outlined below.
LOAD CONFIRMATION RULES;
***FAILURE TO HONOR THE TERMS OF THIS AGREEMENT WILL RESULT IN PENALTIES AS LISTED BELOW!!***
Cashfreight.com nor the shipper are responsible for overweight loads or tickets resulting from overweight loads.
Cashfreight.com does not and will not pay any kind of detention fees. If the shipper awards a detention fee Cashfreight.com will collect and pay them in the proper manner through the “DisputeSolver” process.
Cashfreight.com does not and will not pay any kind of cash advancements nor fuel advancements.
Drivers must call shipper representative for loading information prior to pick up.
Drivers must call receiver representative for delivery information prior to drop off.
Daily, loaded and unloaded “check in” calls are required from ALL drivers to the shipper representative directly between 8 am and 5 pm MST, or a $25 fee may be deducted per occurrence.
Late pick up or delivery carries a penalty of $100 per day.
Will put Load # on all paperwork. Do not send truck to load prior to final contracting, and receipt of paperwork for each load. Upload all signed BOL to the website using our “LoadBook” process.
Double Brokerage (the unauthorized re-brokering of a load to another trucking company) is not tolerated, and carrier agrees to forfeit pay if conducted.
Carrier will perform transport services for shippers and agrees that this contract is not a trip lease.
Carrier is an independent contractor with its own ICC (Interstate Commerce Commission) Operating Authority, and maintains its own current Cargo, Liability, and Workers Comp Insurances and will provide an original certificate of insurance naming “Cashfreight.com.com and it’s users” as a certificate holder. A copy of ICC Authority, Insurance Certificate, and a signed contract must be on file prior to contracting a load.
Carrier must carry Liability, Cargo, Workers Comp Insurance. Any damage may result in an insurance claim.
If load is to be tarped and driver fails to tarp, a minimum of $100 will be deducted.
Carriers that default on the terms of this agreement are subject to a $100 minimum fee.
Payments terms can take up to 48 hours after uploading signed invoice, receipt of the signed POD/BOL (Proof of Delivery/Bill of Lading), and shipper approval.
***Carrier or its agent certifies that any TRU (Transport Refrigeration Unit) equipment furnished will be in compliance with the in-use requirements of California’s TRU regulation. CA carriers shall supply a copy of ARBER certification page for TRU used for CA origins or destinations. ***
BROKERS REPRESENT AND WARRANT:
That they: (1) are a registered broker and authorized to contract loads for transportation from shippers by carriers; (2) Shall encourage the transport all goods and property subject to the terms and conditions of this agreement and FMCSA rules. (3) Have and will maintain bonds and insurance according to the requirements on this website, and FMCSA rules. (4) Will not allow the sublease or subcontract of any load contracted through this website; (5) Have the legal right to contract loads; (6) Follow all federal, state, and local laws relating to the performance of this agreement; (7) Agrees that all safety rules and regulations will be met and monitored while using this website (8) Will notify Cashfreight.com immediately if federal operating authority, bonds, DOT#, or licensing is revoked, suspended, or lost in any way; (9) Will defend, indemnify, and hold Cashfreight.com and its shippers, carriers, and users harmless from any liability, claims, losses, or damages including attorney’s fees, arising out of broker’s performance or violations of any of the terms of this agreement; (10) Expressly authorizes Cashfreight.com to accept all payments from the shippers for carriers services and waives all rights to collections for those services; (11) Allow Cashfreight.com to verify, collect, and disseminate information as necessary.
Unless accompanied by a separate Cashfreight.com license agreement, the Cashfreight.com Software License Terms for the use of any software provided by us as part of the services is subject to these terms. If you comply with these terms, we grant you the right to use the software. The software or website that is part of the services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Cashfreight.com. Notices, if any, for the third-party code are included for your information only.
The software is licensed, not sold, and Cashfreight.com reserves all rights to the software not expressly granted by Cashfreight.com, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
(1) circumvent or bypass any technological protection measures in or relating to the software or services.
(2) copy, disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so.
(3) separate components of the software or Services for use on different devices.
(4) publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Cashfreight.com expressly authorizes you to do so.
(5) transfer the software, any software licenses, or any rights to access or use the services.
(6) use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network.
Furthermore, you agree to pay monthly subscription fees for the use of the software associated with this website. You also agree to schedule payment of those fees by automatic withdrawal from your bank account, stripe account, or debit or credit card.
USING OUR WEBSITE
While using Cashfreight.com’s website, services, and tools, you contract that you will not: (1) Post content that is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent. (2) Post loads in inappropriate categories or areas on our website. (3) Violate any laws, third party rights, or our policies. (4) Use our website, services, or tools if you are not able to form legally binding contracts, are under the age of 18, are or represent a bona fide carrier, are a bona fide shipper, or are a bona fide recipient of a load posted on our website. (5) Fail to provide payment for loads posted by you, fail to deliver loads contracted by you, or manipulate the price, address, map, or requirements of any load or interfere with other users’ load postings. (6) Circumvent or manipulate our commissions, the billing process, or other commissions owed to Cashfreight.com. (7) Post false, inaccurate, misleading, defamatory, or libelous content (including personal information). (8) Take any action that may undermine the feedback or ratings systems (such as displaying, importing, or exporting feedback information off of the website or using it for purposes unrelated to Cashfreight.com). (9) Transfer your Cashfreight.com account (including feedback) and User ID to another party without our consent. (10) Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes. (11) Distribute viruses or any other technologies that may harm Cashfreight.com, or the interests and property of Cashfreight.com users. (12) Copy, modify, or distribute rights or content from the Cashfreight.com website, copyrights, and trademarks. (13) Harvest or otherwise collect information about users, including email addresses, without their consent.
Your access of the website is for commercial purposes and is limited to moving freight by truck via our freight-matching service and/or taking commercial advantage of the other services offered on our website; any other use of this software will result in being temporarily or indefinitely suspended from using our sites, services, or tools.
We may change these terms at any time, and we will tell you when we do. Using the services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the services and close your Cashfreight.com account.
Sometimes you will need software updates to keep using the services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the services. Such updates are subject to these terms unless other terms accompany the updates, in which case, those other terms apply. Cashfreight.com is not obligated to make any updates available and we do not guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content, or other products.
By registering and using this website you agree to pay all commissions, insurance costs, fees, and the total “OfferUp OfferDown” amount made on each load posted and/or the “Load It Now” price when a load is contracted to be hauled. All commissions will be collected in US dollars, at the time the load is contracted.
Commissions to brokers will be paid after the load is delivered in good condition by the carriers.
SUBMISSION OF CONTENT TO THE WEBSITE
By submitting content to this website, you grant Cashfreight.com the right to: (1) verify, use, reproduce, display, perform, adapt, modify, distribute, and promote the content on this website in any form for any purpose; (2) Warrant and represent that the content is accurate, and that the posting and use of your content by Cashfreight.com will not infringe or violate the rights of any third party.
Cashfreight.com retains the right to review any material submitted for posting on our website and have the sole and absolute right to determine whether that material complies with these terms and conditions.
Users agree that insurance will be maintained, and a certificate of insurance (COI) will be issued in the name of Cashfreight.com. COI in individual company names will not be required for claims filed by users of Cashfrieght.com, nor will Cashfreight.com be held liable for insurance that has expired or lapsed within 2 months of a contracted load. Cashfreight.com monitors FMCSA’s Safersys, and individual insurance providers for lapses in insurance. Insurance carriers supplying information to this website carry the responsibility to notify cashfreight.com of users lapses in insurance or changes in limits, deductibles, etc. Users are responsible to immediately inform cashfreight.com of cancelation of insurance for any reason and stop using the website until insurance is obtained.
This Agreement shall govern the services provided by Any Carrier of Cashfreight.com, that uses this software/website a licensed and authorized motor carrier pursuant to carriers on file USDOT # &/or carrier on file MC# (hereinafter referred to as “Carrier”) and Easyloadpro.com DBA Cashfreight.com_, (hereinafter referred to as “Broker”), a licensed property broker pursuant to Docket No. MC# 681-452. Broker and Carrier agree that notwithstanding other provisions, carriage documents or regulation to the contrary, this Agreement shall govern Carrier’s performance and obligations pertaining to transportation services for freight tendered to Carrier hereunder.
1. Broker Status. Broker is a freight broker which arranges for third party motor carriers to provide cargo transportation for its customers, in accordance with its role as legally defined under 49 U.S.C. § 13102 Definitions (2), 49 C.F.R. §371.2 and 49 U.S.C. § 14501(c)(1).
1.1 Carrier Status, Rights and Responsibility. Carrier will perform its Transportation Services for Broker and its Customers as an independent contractor and will not for any purpose be the agent of Broker or Broker’s Customers. Carrier has exclusive control and direction of the work Carrier performs pursuant to this Agreement. Carrier will not contract or take other action in Broker’s name without Broker’s prior written consent.
Carrier agrees to assume full responsibility for the payment of all local, state, federal and intra-provincial payroll taxes, and contributions or taxes for unemployment insurance, worker’s compensation insurance, pensions, and other social security or related protection with respect to the persons engaged by Carrier for Carrier’s performance of the transportation and related services, and Carrier shall indemnify, defend and hold Broker, and its Customer harmless there from. Carrier shall provide Broker, with Carrier’s Federal Tax ID number and a copy of Carrier’s IRS Form W-9 prior to commencing any transportation or related services for Broker, under this Agreement.
1.2. No Right to Lien or Delay Release of Cargo or Equipment. Carrier will not assert any lien or make any claim on any cargo or equipment, and no lien will attach against Broker, its Customers or any cargo or equipment, for failure of Broker, the Customer or any other third party to pay Carrier for charges due to Carrier.
1.3 Waiver of Rights. Carrier shall, notwithstanding any other terms of this agreement, expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B to the extent they conflict with this Agreement.
1.4 Sub-Contract Prohibition. Carrier expressly agrees that all freight tendered to it by Broker shall be transported on equipment operated only under the authority of Carrier, and that Carrier shall not in any manner sub-contract, broker, or in any other form arrange for the freight to be transported by a third party without the prior written consent of Broker. If Carrier breaches this provision, Broker shall have the right of paying the monies it owes Carrier directly to the delivering Carrier, in lieu of payment to Carrier. Upon Broker’s payment to delivering Carrier, Carrier shall not be released from any liability to Broker under this agreement. In addition to the indemnity obligation reflected in this agreement the Carrier will be liable for consequential damages for violation of this clause of the agreement.
1.5 Authorities and Licenses; Compliance with Laws. Carrier warrants that it will provide physical transportation of shipments as a fully qualified motor carrier that holds all required federal and state operating authorities. If Carrier’s safety rating changes at any time during this Contract’s term or if Carrier is sold, merges or dissolves or experiences a change in control of ownership, Carrier will notify Broker immediately (within 24 hours). Carrier will comply with applicable federal, state and/or local laws and regulations (including obtaining all permits and licenses), and any representations or contractual clauses required thereby will be incorporated herein by reference or by operation of law.
2. Booking Confirmation. Carrier shall transport shipments arranged by Broker pursuant to carrier load or Booking confirmation sheet(s) included herewith or subsequently incorporated by reference (See Schedule A annexed hereto).
3. Compensation. Broker shall pay Carrier for services rendered in an amount equal to the rates and accessorial charges agreed to on the Broker/Carrier Rate Confirmation Sheet or other signed writing. Carrier must submit proof of delivery with invoices to Broker as a precondition of payment for services hereunder. Payment terms shall be thirty (30) days from receipt of necessary supporting documentation.
3.1 Payment of Invoices. Carrier agrees that Broker is the sole party responsible for payment of Carrier’s invoices and that, under no circumstance, will Carrier seek payment from other parties, to include the shipper or consignee.
4. Insurance. Carrier agrees to provide any insurance coverages required by any government body for the types of transportation and related services specified in load confirmation communications received from Broker. All insurance required by this Agreement must be written by an insurance company having a Best’s rating of “B+” VII or better and must be authorized to do business under the laws of the state(s) or province(s) in which Carrier provides the transportation and related services as specified in load confirmation communications received from Broker. Carrier’s insurance shall be primary and required to respond and pay prior to any other available coverage. Carrier agrees that Carrier, Carrier’s insurer(s), and anyone claiming by, through or under Carrier shall have no claim, right of action, or right of subrogation against Broker, its affiliates, or its Customer based on any loss or liability insured under the insurance stipulated herein. Carrier represents and warrants that it will continuously fulfill the requirements of this Section throughout the duration of this Agreement. Broker shall be notified in writing by Carrier’s insurance company at least thirty (30) days prior to the cancellation, change or non-renewal of the submitted insurance policies. Carrier shall at all times during the term of this agreement have and maintain in full force and effect, at its expense, (i) Motor Truck Cargo insurance or a superior equivalent, with limits for the full value of the cargo under carriage subject to a minimum limit never less than US$100,000 per shipment, a deductible no greater than US$10,000 per shipment and at least the same coverage limit and deductible per shipment while in storage or at a storage facility enroute to the consignee, (ii) Commercial Automobile Liability insurance with a combined single limit of not less than US$1,000,000 per occurrence and without aggregate limits, (iii) Commercial General Liability insurance, in a limit of not less than US$1,000,000 per occurrence, (iv) Worker’s Compensation insurance in the amounts required by statute, and Employer’s Liability insurance with limits not less than US$500,000 per occurrence, and (v) if Carrier provides Transportation Services for hazardous materials under United States Department of Transportation (“DOT”) regulations, public insurance including Commercial Automobile insurance limits required for the commodity transported under 49 C.F.R § 387.7 and 387.9 (or successor regulations thereto) and statutory required Commercial Automobile insurance limits pertaining to the hazard classification of the cargo as defined by DOT, an MCS-90 and Broadened Pollution Liability endorsements for limits required by law and full policy limits. Carrier shall, prior to providing transportation and related services pursuant to this Agreement, name Broker, as a certificate holder, as required on the foregoing insurance policies and shall cause its insurance company to issue a certificate to Broker, evidencing the foregoing. When Carrier provides Transportation Services that involve origins and destinations solely within Canada, Carrier shall be current in its remittances to the appropriate Worker's Compensation Board of the Carrier's province, shall provide a certificate issued by the appropriate Worker's Compensation Board of the Carrier's province certifying that the Carrier is not delinquent and is current in its remittances to that authority, and shall have such other insurance or higher coverage limits required by applicable Canadian national or provincial law or regulation. Insurance will meet or exceed the requirements of federal, state and/or Provincial regulatory bodies having jurisdiction over Carrier’s performances pursuant to this agreement. During this Contract’s term, the insurance policies required hereunder and any replacement policies will (i) insure the interests of Broker and, (ii) cover all drivers, equipment and cargo used in providing Transportation Services and (iii) not contain any exclusions or restrictions as to designated premises or project, pertaining to unattended equipment or cargo, for unscheduled equipment, for unscheduled drivers or cargo, for fraud or infidelity, for tarp warranty, for wetness or dampness, for geographical location in the United States, for trailers unattached to the power unit, or for a particular radius of operation.
5. Carrier Moving Perishables. Carrier will verify that the equipment is suitable for the transportation of food, dairy & milk products for human or animal consumption, as applicable, as well as for other perishables, and will comply with all applicable laws and regulations, including maintenance of permits and record keeping requirements, for food, dairy & and if milk is transported, comply with the procedures stipulated at the attached Exhibits A, B. C & D (if applicable), incorporated as an integral part of this Agreement. Carrier warrants that the Carrier will inspect or hire a service representative to inspect a vehicle’s refrigeration or heating unit at least once each month. Carrier warrants that they shall maintain a record of each inspection of refrigeration or heating unit and retain the records of the inspection for a least one year. Copies of these records must be provided upon request to the carrier’s insurance company and Broker. Each unit will maintain temperature data loggers in good working condition and provide the temperature readings upon request.
Carrier warrants that they will maintain adequate fuel levels for the refrigeration or heating unit and assume full liability for claims and expenses incurred by the Broker or the shipper for failure to do so.
Carrier will maintain effective driver screening, training, qualification and monitoring procedures and will provide Broker with information about these procedures upon request.
Carrier will cause its drivers and other Carrier Representatives to operate their vehicles and equipment in a proper and lawful manner and to maintain equipment used to provide the Transportation Services in good, safe, sanitary, disinfected and lawful operating condition at all times. Carrier will use equipment that has been cleaned and sanitized in accordance with reasonable efforts not to supply equipment for Transportation Services that has been previously used to transport other product. The Carrier must provide their cargo insurer with all records that relate to a loss and permit copies and abstracts to be made from them upon request. Broker’s customer is a third-party beneficiary of this Agreement. The following rules shall apply: (a) Destination market value for lost or damaged cargo, no special or consequential damages unless by special agreement; (b) Claims will be filed with Carrier by Broker or Shipper.
Carrier will inspect all empty equipment before loading to determine whether it is in apparent good condition (i.e., it appears to be sound, roadworthy, clean, odor-free, dry, leakproof and free of contamination or infestation) to protect the cargo being transported, will reject any equipment that is not in apparent good condition, clean and disinfected and will immediately (no later than 60 minutes) inform Broker of its rejection. Carrier acknowledges that if Carrier fails to inspect the equipment when it has the opportunity to do so, Carrier assumes liability related to such failure, for damage or loss to product cargo transported in such equipment.
All vehicles used for the transportation of pasteurized milk and milk products shall be constructed and operated so that the milk and milk products are maintained at 7ºC (45ºF) or less and are protected from contamination. Milk tank cars, milk tank trucks, and portable shipping bins shall not be used to transport or contain any substances that may be toxic or harmful to humans. Carrier will maintain compliance with California TRU Regulation under California Code of Regulations Title 13, Division 3, Chapter 9, Article 8, Section 2477, as applicable.
6. Shipping Document Execution. Carrier is to be named on the bill of lading as the “carrier of record.”
7. INDEMNIFICATION. CARRIER WILL INDEMNIFY, DEFEND AND HOLD HARMLESS BROKER, ITS AFFILIATES AND ITS CUSTOMERS (AS INTENDED THIRD PARTY BENEFICIARIES) FROM ANY AND AGAINST ALL LOSSES (as defined below) ARISING OUT OF OR IN CONNECTION WITH THE TRANSPORTATION SERVICES PROVIDED UNDER THIS CONTRACT, INCLUDING THE LOADING, UNLOADING, HANDLING, TRANSPORTATION, POSSESSION, CUSTODY, USE OR MAINTENANCE OF CARGO OR EQUIPMENT OR PERFORMANCE OF THIS CONTRACT (INCLUDING BREACH HEREOF) BY CARRIER OR ANY CARRIER REPRESENTATIVE. CARRIER’S OBLIGATION TO INDEMNIFY AND DEFEND SHALL NOT BE AFFECTED BY ALLEGED NEGLIGENCE OR WILLFUL MISCONDUCT OF BROKER, ITS AFFILIATES OR CUSTOMERS. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION BE CONSTRUED TO PROVIDE INDEMNIFICATION TO BROKER, ITS AFFILIATES AND CUSTOMERS TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF THIS PROVISION IS FOUND IN ANY WAY TO BE OVERBROAD, IT IS THE PARTIES INTENT THAT THIS PROVISION BE ENFORCED TO ALLOW INDEMNIFICATION TO THE MAXIMUM EXTENT PERMISSIBLE. “Losses” mean any and all losses, liabilities, obligations, personal injury, bodily injury, property damage, loss or theft of property, damages, penalties, actions, causes of action, claims, suits, demands, costs and expenses of any nature whatsoever, including reasonable attorneys’ and paralegals’ fees and other costs of defense, investigation and settlement, costs of containment, cleanup and remediation of spills, releases or other environmental contamination and costs of enforcement of indemnity obligations.
8. Carrier’s Cargo Liability. Carrier assumes full liability for the greater of replacement cost, Shipper’s/ Consignor’s commercial invoice or market value for loss, damage or destruction of any and all goods or property tendered to Carrier by Broker, and for the full course of carriage. Carrier shall inspect each load at the time it is tendered to Carrier to assure its condition. If Carrier is tendered a load which is not in suitable condition, it shall notify Broker, immediately. Cargo which has been tendered to Carrier intact and released by Carrier in a damaged condition or lost or destroyed subsequent to such tender to Carrier, shall be conclusively presumed to have been lost, damaged or destroyed by Carrier unless Carrier can establish otherwise by clear and convincing evidence. Deliveries with broker seals shall be rejected and declared a total loss for which the Carrier is held responsible.
Carrier shall either pay Broker directly or allow Broker to deduct from the amount Broker owes Carrier, the amount of Customer’s full actual loss. Carrier agrees that it will assert no lien against cargo transported hereunder. Broker shall deduct from the amount Broker otherwise owes Carrier, the Customer’s full actual loss of all claims that are not resolved within ninety (90) days of the date of the claim. Carrier agrees to indemnify Broker, for any payments relating to such loss or damage incurred hereunder. In the event of an accident, Carrier shall notify Broker immediately for further instructions. Carrier shall return all damaged shipments at its expense to the point of origin or to other points as instructed by Broker. Claims notification & salvage procedures will be followed in accordance with the procedure described in 49 C.F.R. §370.1-11. Carrier will make all payments pursuant to the provisions of this Section within thirty (30) days following receipt by Carrier of Customer’s invoice or demand and supporting documentation for the claim.
8.1 Salvage Claims. Carrier shall waive any and all right of salvage or resale of any of Customer’s damaged goods and shall, at Broker’s reasonable request and direction, promptly return or dispose, at Carrier’s cost, any and all of Customer’s damaged and goods shipped by Carrier. Carrier shall not under any circumstance allow Customer’s goods to be sold or made available for sale or otherwise disposed of in any salvage markets, employee stores, or any other secondary outlets. In the event that damaged goods are returned to Customer and salvaged by Customer, Carrier shall receive a credit for the actual salvage value of such goods.
9. Governing Law; Consent to Jurisdiction and Integration. This Contract will be construed, to the extent not preempted by applicable federal law, under the laws of the State of California, without giving effect to any choice or conflict of law rules. Broker and Carrier waive all right to trial by jury in any action, suit or proceeding brought to enforce or defend any rights or remedies under this Contract. Each of the parties hereby irrevocably and unconditionally (i) submits to the exclusive jurisdiction of any federal or state court sitting in California in any suit, action or arising out of, connected with, related to, or incidental to the relationship established among them in connection with this Contract and (ii) waives, to the fullest extent permitted by law, any objection to venue or any defense of inconvenient forum in connection with any such court; provided however that jurisdiction for disputes regarding claims brought by third parties requiring Carrier’s indemnification hereunder may be effected in the courts where such third party claims are filed. This written Agreement, together with any load confirmation, contains the entire agreement between the parties and may only be modified by signed written agreement.
Safety Rating. Carrier shall endeavor to maintain a satisfactory U.S. DOT Safety Rating but under no
circumstance is Carrier allowed to provide services if their safety rating falls to “unsatisfactory.”
10. Confidentiality Obligations. Carrier acknowledges that in carrying out this Contract, it will learn proprietary information about Broker and its business, including its rates, services, personnel, computer systems, Customers, traffic volumes, origins and destinations, commodity types, shipment information and business practices (the “Information”). During this Contract’s term and for 12 months after its termination, Carrier will hold the Contract provisions and Information in confidence, restrict disclosure to those Carrier Representatives with a need to know, and not use the Information to Broker’s competitive detriment or for any purpose except as contemplated hereby. Carrier may disclose Information to the extent required by a governmental agency or under a court order, provided that Carrier notifies Broker of such requirements before disclosure.
10.1. Non solicitation of Customers. During this Contract’s term and for 9 months after its termination, Carrier will not, and will cause the Carrier Representatives not, to directly or indirectly solicit or provide transportation services to any Customer without Broker’s prior written consent if (a) that Customer first became known to Carrier as a result of Broker’s engagement of Carrier, (b) the type of transportation services, such as the origins and destinations served or commodity types, provided to that Customer first became known to Carrier as a result of Broker’s engagement of Carrier or (c) the first shipment transported by Carrier for that Customer was tendered to Carrier by Broker. If Carrier or any Carrier Representative solicits a Customer in violation of this Section, Carrier shall pay to Broker as a commission 10% of the total charges, with a maximum of US$200 per shipment, for transportation services provided by Carrier to such Customer.
11. Savings Clause. If any provision of this Agreement or any Transportation Schedule is held to be invalid, the remainder of the Agreement or the Transportation Schedule shall remain in force and effect with the offensive term or condition being stricken to the extent necessary to comply with any conflicting law.
12. This Agreement shall be for the period of one (1) year and shall be automatically renewed unless cancelled. Either party may terminate this Agreement upon fifteen (15) days written notice. By signatory hereto, CARRIER represents that it has the authority and ability to enter into legally binding contracts and that CARRIER agrees to be bound by the terms and conditions of this Agreement effective immediately.
Cashfreight.com does not trade and/or sell any of our customer’s information to third parties. However, we will from time-to-time email and/or text your information to companies on your behalf that offer services that we feel could help your business. Information that is collected that is deemed to be confidential (i.e.: bank account numbers, credit card numbers and associated data, social security numbers, tax identification numbers, MC numbers, and DOT numbers etc.) will also be collected using secure socket layer (SSL) protocol, which encrypts data sent from your browser to our servers. This data is then also encrypted in our databases.
ACH AUTHORIZATION AGREEMENT
Payments to and from Cashfreight.com that are initiated through this website are made using the Automated Clearing House (ACH) system, in accordance with NACHA Rules and applicable law. By selecting ‘Confirm’ below, you will register with the designated financial institution(s) on this website, on today’s date, which constitutes your authorization for Cashfreight.com, to initiate one or more ACH debit entries (withdrawals) and or credits (deposits), for the amount(s) you specify from or to your designated bank account(s), and you authorize the financial institution(s) you have designated to deduct such payment(s). You warrant that you are an authorized signer for the designated financial institution account at the financial institution(s) which you are attempting to register and are authorized to initiate ACH transactions for the designated financial institution account(s). You warrant that you are responsible for any payment methods used on your account.
By agreeing to the terms of this website you are also agreeing to the use of electronic transactions using the Stripe Platform. You can read the stripe service agreement by clicking on the following link. https://stripe.com/legal
Furthermore, you are agreeing to schedule all payments to be drawn from your bank account, credit, or debit card, using stripe or other merchant service platforms, and agree to their fee structure and use. Any scheduled transaction that is drawn on insufficient funds or otherwise closed accounts will be charged a $35 NSF fee per daily transaction until collected.
Refunds will be made if a load fails or is not delivered if the payment approval has NOT been issued or delivered to the carrier within 10-14 business days of notice that load has failed or is no longer in transit. No refund will be given later than 90 days of failure to delivery/date by carrier. We reserve the right to issue refund at our sole discretion. If we issue a refund, we are under no obligation to issue a similar refund in the future.
In case a withdrawal is made in error, you authorize Cashfreight.com to undertake any correcting transactions necessary to resolve the error in accordance with then-existing NACHA Operating Rules
AUTHORIZATION REMAINS IN EFFECT UNTIL REVOKED
Your authorization will remain in force and effect until you notify Cashfreight.com in writing or via electronic mail. If you choose to notify Cashfreight.com in writing of its termination, you agree to do so in such time and in such manner as to afford Cashfreight.com and the designated financial institution(s) a reasonable opportunity to act on it. If you choose to notify Cashfreight.com online, you may delete your financial institution at any time, if you have no scheduled payments or recurring payment schedules set up using this financial institution. You may change the financial institution for your scheduled payments or delete your scheduled payments by visiting scheduled payments and selecting ‘edit’ or ‘delete’. You may change the financial institution for your recurring payment schedule or delete your recurring payment scheduled by visiting recurring payments and selecting ‘edit’ or ‘delete’.
CONSENT TO ELECTRONIC COMMUNICATIONS
You acknowledge that Cashfreight.com is an Internet-based business and that our services are available through the Internet or mobile application. You agree to send and receive documentation including emails, texts, BOL, load confirmations, load pictures, insurance documentation, and information provided by us and our affiliates primarily through our website and through e-mail and texts provided to you via the internet. You also agree to facilitate information going to third parties such as the recipient of loads through e-mail, and if third parties do not have e-mail you agree to forward the information necessary to accomplish each load.
CONSENT TO ELECTRONIC SIGNATURES
You acknowledge that Cashfreight.com is an internet-based business and that our services are available through the Internet. You agree to use of electronic signatures, pictures of hard copy signatures, uploads of pictures or documents proving completion, and signatures collected and or provided by us and our affiliates primarily through our website and through e-mail provided to you via the Internet.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Cashfreight.com facilitates the movement of freight by maintaining an online freight-matching, rate negotiating service, document transaction service and payment service for use by shippers, carriers, brokers, and recipients, but Cashfreight.com does not arrange for the movement of freight. All such arrangements are made by the users of the website, and any terms and conditions of such freight movement are solely between the contracted carrier and shipper. No agency, partnership, joint venture, employee-employer, or franchisee-franchisor relationship is intended or created using this website or by these terms of service. Your use of this website is at your own risk. While Cashfreight.com makes reasonable efforts to automate, collect, standardize, disseminate and post accurate and timely information, Cashfreight.com makes no representations or warranties of the accuracy of content on the website and assumes no liability or responsibility for inaccuracies, errors, or omissions in such content. Neither Cashfreight.com nor any other party involved in the creation, distribution, or display of this website is liable for any lost profits or any direct, indirect, punitive, incidental, special, goodwill, reputation, or consequential damages that result from the use, or inability to use this website, even to the event of our negligence. Negotiating too low/or high on loads is the responsibility of those negotiating. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL CONTENT AND SERVICES PROVIDED TO YOU ON THIS WEBSITE ARE DELIVERED “AS IS” AND “AS AVALIABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
Cashfreight.com does not warrant that this website or its server(s) are free of viruses or other harmful components that may infect or damage your computer equipment or other property because of your accessing, browsing, and/or using the website, downloading information, or printing information from the website. You will not hold Cashfreight.com responsible for other users’ content, actions, or inactions, or loads they post. You acknowledge that we are not a traditional broker. Instead, the sites are a venue to allow anyone to post, offer, and contract just about any load, at any time, from anywhere to anywhere. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through our dispute module, we have no control over and do not guarantee the quality, safety or legality of loads advertised, the truth or accuracy of users’ content or postings, the ability of shippers to pay for loads, the ability of carriers to deliver loads, or that a shipper or carrier will actually complete a transaction or fail in their contract made on our website.
RESOLUTION OF DISPUTES
If a dispute arises between you and Cashfreight.com or one of its users, our goal is to provide you with a neutral dispute interface and cost effective means of resolving the dispute quickly. Accordingly, shipper and carrier agree to resolve any claim or controversy at law or equity that arises out of this agreement using our dispute resolution interface . If a dispute cannot be resolved using our dispute interface, where possible users will file an insurance claim to resolve the dispute. If disputes cannot be resolved by the above methods, users agree to resolve using outside judicial resources. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total commissions you paid to us in this transaction or (b) $100. You agree to defend, indemnify, and hold harmless Cashfreight.com and its subsidiaries, affiliated companies, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys’ fees, made by any third party that arise from your use or misuse of this website, your breach of these terms of service, or your violation of any law or the rights of a third party.
Shippers, carriers and recipients share the responsibility of making sure loads facilitated by Cashfreight.com are exciting, rewarding, and hassle-free. We strongly encourage shippers to work with carriers before opening a claim relating to a load, any load that has a claim for more than the amount contracted through our website will be referred to the responsible party’s insurance company. Filing of a claim with the offending party’s insurance company is solely the responsibility of the damaged party.
Cashfreight.com MC# 681452 is bonded with a BMC 85 bond through:
PFA Transportation Insurance & Surety Services
22601 N. 19th Avenue, Suite 202
Phoenix, AZ 85027
TRADEMARKS AND PATENTS
All tradenames, trademarks, service marks, logos, copyrights, goodwill, patents, books of business and records, and all other general intangibles relating to or used in connection with this website are the property of cashfreight.com.
Title to all patented and or patentable concepts, ideas, process, aspects, discoveries, of this website including but not limited to processes, methods, software, tangible research products, formulas and techniques, improvements thereto, and know-how related thereto are the property of cashfreight.com.
All users leasing or using this website or software must include the words ‘Powered by Cashfreight.com” on the link(s), website, or any advertising or marketing materials used to advertise benefits or use of this website, mobile app, or software.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will act against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on cashfreight.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the Agreement. We will provide you notice by posting the amended terms. Additionally, we will notify you through our email service. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the Agreement through an electronic click-through.
Without limiting Cashfreight.com’s ability to refuse, modify, or terminate all or part of our Services, we may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on Cashfreight.com.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity.
The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Cashfreight.com and supersede all prior understandings and agreements of the parties.
These Terms of Service shall be governed by and construed under the laws of the State of Utah. By registering with and using the Cashfreight.com website, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms of service or your use of the Cashfreight.com website is under state courts located in the State of Utah, Sevier County and that all claims or actions will be brought in those courts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
CASHFREIGHT.COM, AND OUR AFFILIATES, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THESE SERVICES. YOU UNDERSTAND THAT USE OF THESE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. CASHFREIGHT.COM DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER, WEBSITES, AND SOFTWARE SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
1550 North 2070 East
Richfield UT 84701
Thank you for using Cashfreight.com!
Our goal is to help improve and automate the freight industry, to save you time and money, and to help you become a more profitable business in our society.