Fleet Logistics, INC.
Terms of Service
Last Modified: November 26, 2018
Welcome to the website of Fleet Logistics, Inc., a Delaware corporation doing business as “Fleet” (“Company”, “we”, “Fleet” or “us”.) The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”) govern your access to and use of www.tryfleet.com (the “Website”) including any content, functionality and services offered on or through our Website (the “Services”), whether as a guest or a registered user.
This Website and the Services are offered and available to users who are 18 years of age or older. By using this Website and the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Services.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and the Services thereafter.
Your continued use of the Website and the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Roles and Responsibilities
You acknowledge that Fleet operates as a transportation intermediary that arranges for service by those third party carriers and other providers who will perform the transportation (each a “Transportation Service Provider”). Fleet arranges for domestic U.S. motor carriage pursuant to its property broker permit issued by the Federal Motor Carrier Safety Administration and identified by U.S. DOT No. 2985630 and MC 016445. Fleet’s affiliate, Riverscape Forwarding LLC, arranges for ocean carriage pursuant to its ocean freight forwarder license issued by the Federal Maritime Commission and identified by License No. 026331NF. Fleet arranges for air carriage pursuant its status as a Transportation Security Administration approved Indirect Air Carrier and its certification issued by the International Air Transport Association. Fleet arranges for rail service pursuant to reasonable industry standards and practices. Fleet will neither provide services considered “customs business” as that term is used in 19 CFR 111.1. In all events, Fleet is an independent contractor of both shipper parties and Transportation Service Providers, and not an agent or employee of, or sponsored or endorsed by, either such party.
If you are a shipper, your transportation services will be subject to and governed by these Terms of Service as well as any contracts, bills of lading, waybills, tariffs, circulars, terms and conditions, or other shipping documents issued by Fleet or the respective Transportation Service Provider (collectively, the “Shipping Documents”). Those applicable Shipping Documents will control in the event of direct conflict with these Terms of Service. You represent and warrant that you have: (1) submitted true, accurate, and correct information regarding yourself, your freight, and the circumstances of your shipment, (2) sufficient right, title, and interest in and to the freight allowing you to tender it for transportation, (3) not and will not tender any items prohibited by Fleet or by the performing Transportation Service Provider, and (4) not and will not violate any applicable law or regulation of any governmental authority with jurisdiction over you, your freight, or the transportation services you are requesting.
If you are a Transportation Service Provider, you represent and warrant that you have: (1) submitted a reasonable quote inclusive of all rates, charges, and fees required to complete the requested transportation services, (2) submitted true, accurate, and correct information regarding yourself, your business, and your contractors, (3) all required licenses, permits, authorities, insurance, and bonding, necessary to provide your services and you will maintain each at all times during the performance of your services, (4) verified that your personnel and contractors or other transportation service providers have all required licenses, permits, authorities, insurance, and bonding, necessary to lawfully perform and will ensure that they maintain each at all times during performance of their services, and (5) not and will not violate any applicable law or regulation of any governmental authority with jurisdiction over you, your company, or the transportation services you are providing.
If you are a shipper, Fleet will issue a quote for the services you request between the origin and destination you specify. You are responsible for the entirety of any rates, charges, and fees accrued for each shipment and all services rendered by the Transportation Service Provider and any underlying carriers, as may be determined by Shipping Documents. You acknowledge that the actual charges you owe may exceed the amount stated in your quote due to the accuracy of the information you provided and the actual services required in order to complete the transportation of your freight.
As a shipper, you authorize Fleet to collect from you in advance any and all known transportation charges. You acknowledge that your failure to pay Fleet such amounts, or to permit the advance of funds, or the unavailability of your funds, may delay your transportation services and result in additional charges or interest. Your authorization under this paragraph does not in any way relieve you of your responsibility to the Transportation Service Provider and any other underlying service providers for charges owed as a result of services rendered. The existence of an actual or alleged freight claim does not relieve you of your responsibility to pay for the transportation services performed.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, including but not limited to the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, and/or the Services, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Website and the Services. You are additionally responsible for ensuring that all persons who access the Website and use the Services through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures or in connection with your use of the Services, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it, as well as the Services, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Ownership of Fleet Content
Fleet owns all right and title in and to content provided on the Website and through the Services that was not licensed by third parties (the “Fleet Content”). Fleet also owns all intellectual property rights, including but not limited to copyrights, trademarks, services marks, trade names, and other intellectual and proprietary rights throughout the world associated, associated with the Fleet Content. You are hereby prohibited from modifying, reproducing, distributing, creating derivative works of, displaying, or otherwise using the Fleet Content in any way except as expressly permitted under these Terms and Conditions.
Unless otherwise specified, all materials appearing on this Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Fleet and its licensors. ALL RIGHTS RESERVED. You hereby acknowledge that Fleet Content may be the subject of patents, copyrights, trademarks, and other intellectual property rights of Fleet, its subsidiaries, affiliates, brand licensees, other partners or third parties. Therefore, any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
You may use the Website and the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website and the Services, as well as assist, encourage, or enable others to use the Website and the Services:
Additionally, you agree not to:
Monitoring and Enforcement; Termination
We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and the Services. We additionally have the right to terminate or suspend your access to all or part of the Website or the Services for any or no reason, including without limitation, any violation of these Terms of Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, AS APPLICABLE, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
You acknowledge that you are required to review and confirm the accuracy of all information, documents, and declarations submitted through the Website, to Fleet, or to the Transportation Service Providers. You must immediately advise Fleet or the Transportation Service Providers of any errors, discrepancies, incorrect statements, or omissions. You warrant that you will use reasonable care to ensure the correctness of all such information and You shall indemnify Fleet and the Transportation Service Providers for any and all claims asserted, liabilities, or losses suffered by reason of Your failure to disclose information or any incorrect or false information upon which Fleet or the Transportation Service Provider reasonably relied. Your duties and obligations under this paragraph are affirmative and non-delegable.
This Website and Services includes content provided by third parties, including materials provided by third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website and the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Links from the Website
If the Website contains or the Services provide links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to on this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Claims for Loss and Damage to Freight
For motor carriage (LTL/TL by truck), Fleet shall bear liability to the shipper for the actual loss of or damage to cargo as if it performed as motor carrier according to the provisions of 49 USC 14706, subject to a limitation of $25.00 per pound subject to maximum liability of $100,000 per shipment unless a higher degree of liability is otherwise agreed upon in writing. The provisions contained in 49 CFR Part 370 shall govern the processing of claims for loss, damage, or delay to cargo and the processing of salvage. Claims based on concealed loss or damage must be reported to Fleet within five (5) days. All other cargo claims must be submitted to Fleet within nine (9) months following the date of delivery or anticipated delivery and any civil action alleging loss, damage, or delay must be filed within two (2) years following denial by Fleet of the respective claim.
For ocean carriage (LCL/FCL by vessel), Fleet shall bear liability to the shipper for the actual loss of or damage to cargo as if it performed as common carrier, subject to the limitations and defenses set forth in the Carriage of Goods by Sea Act (“COGSA”) at 46 USC 30701 et seq. The limitation of liability set forth in COGSA, namely $500 USD per package or, in the case of cargo not shipped in packages, per customary freight unit, shall apply unless a higher degree of liability is otherwise agreed upon in writing. Such limitation shall also apply to any inland portions of a movement and regardless of any separate contracts entered into by Transportation Service Provider or any underlying carrier. Claims based on a concealed loss or damage reported to Fleet within fifteen (15) days. All other cargo claims must be submitted to Fleet within two hundred seventy (270) calendar days from the date of actual or expected delivery of a shipment. Shipper must initiate any suit for cargo loss, damage, or delay within one (1) year after the delivery of the cargo or the date when the cargo should have been delivered. As used in this paragraph, the term “Fleet” shall include reference to its performing entity Riverscape Forwarding.
For air carriage, Fleet shall bear liability to the shipper for the actual loss or damage to cargo as if it performed as the air carrier, subject to the provisions of the Montreal Convention. Fleet’s maximum liability shall be as follows unless a higher degree of liability is agreed upon in writing: (a) for international shipments, the greater of 19 Special Drawing Rights per kilogram or twenty-six dollars ($26) per kilogram based on the weight of the Cargo; or (b) for domestic U.S. shipments, twelve dollars ($12) per pound based on the weight of the Cargo. All claims for loss or damage must be submitted to Fleet within: (a) seven (7) days of delivery in the event of concealed loss or damage; (b) twenty-one (21) days of delivery in the event of delay; or (c) one (1) year of actual or expected delivery in all other events of loss or damage. No action may be maintained by shipper for any loss or damage to cargo unless a timely written claim has been given as provided for above and unless action for loss, damage, or delay, is commenced within two (2) years of the date of arrival at destination, from the date the aircraft was scheduled to arrive, or the date carriage terminated.
For rail carriage, Fleet shall bear liability to the shipper for the actual loss of or damage to cargo as if it performed as the rail carrier according to the provisions of 49 USC 11706, subject to a limitation of $25.00 per pound subject to a maximum liability of $100,000 per shipment unless a higher degree of liability is otherwise agreed upon in writing. The provisions contained in 49 CFR Part 1005 shall govern the processing of claims for loss, damage, or delay to cargo and the processing of salvage. Claims based on concealed loss or damage must be reported to Fleet within five (5) days. All other cargo claims must be submitted to Fleet within nine (9) months following the date of delivery or anticipated delivery and any civil action alleging loss, damage, or delay must be filed within two (2) years following denial by Fleet of the respective claim.
No part of this section shall be construed to waive any right or remedy against Transportation Service Providers for loss or damage to cargo in the event that Fleet settles such claims with the respective shippers, or in the event that such shippers pursue their claims directly against the respective Transportation Service Providers.
No Cargo Insurance
Shippers are encouraged to obtain independent cargo insurance from a third party in order to protect against the risk of loss, because in most instances cargo insurance will not be arranged by Fleet or the Transportation Service Provider. The amount that a shipper may recover on a valid freight claim will be determined by these Terms of Service, the Shipping Documents, and applicable law, which is typically less than the full actual value of the freight lost or damaged.
Non-performance or delay caused by acts of God or government, industrial disturbances, systems or utility failure, natural catastrophes, earthquake, storms, elements of nature, blockades, embargoes, riots, strikes, labor disputes, acts of terrorism, war, or other circumstances beyond the control of Fleet or the Transportation Service Provider shall be excused so long as the hindrance to performance exists.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or in connection with your use of the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR AVAILABLE VIA THE SERVICES, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, THE SERVICES, THE WEBSITE’S CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, THE SERVICES, THE WEBSITE’S CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE SERVICES, THE WEBSITE’S CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
General Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR AVAILABLE THROUGH THE SERVICES, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DELAY, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL FLEET’S AGGREGATE LIABILITY TO SHIPPER OR TRANSPORTATION SERVICE PROVIDER OVER ANY 12 MONTH PERIOD EXCEED ONE MILLION U.S. DOLLARS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification and Release
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (the “Fleet Entities”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your (1) violation of these Terms of Service, including any Shipping Documents, or your use of the Website and the Services, including, but not limited to, any use of the Website’s content, Services, and products, other than as expressly authorized in these Terms of Service, (2) your submission to or use of any information obtained from the Website or the Services, (3) the infringement by, you or any third party using your account, of any intellectual property or other right of any person or entity, (4) your violation of any law or regulation, or (5) any amounts you owe to third parties as a result of your using the Website and the Services. Your indemnification obligations will survive your ceasing use of the Website and the Services, or the termination or expiration of these Terms.
Fleet reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree to not settle any such matter without the prior written consent of Fleet. Fleet will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
If you have a dispute with one or more users of the Services, you herby release Fleet, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to comply with all applicable laws, rules and regulations including but not limited to customs laws, import and export laws, and governmental regulation of any country to, from, through, or over which the shipment may be carried. In particular, you represent and warrant that your use of the Website and Services will comply with the United States Export Administration Regulations and any other United States export laws. You may not use the Website or Services to ship freight: (1) into (or to a national or resident of) any U.S. embargoed country, (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders, or (3) under any circumstance requiring a license or permit which you do not hold. You are prohibited from using the Website or Services if you are located in, under control of, or a national or resident of any country to which export is prohibited or on any list maintained by the U.S. government prohibiting delivery of the Website and Services to you. You further warrant that, as applicable, you are registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to the transportation of hazardous materials or dangerous goods.
You agree to furnish the information and documentation necessary to lawfully use the Services, tender your goods for transportation, or offer and perform your transportation services. You agree to review all documents and declarations prepared and/or filed with any government agency or third parties and will immediately advise the respective agencies or parties of any errors, discrepancies, incorrect statements, or omissions.
Any individual or entity acting on your behalf in scheduling or accepting shipments hereunder warrants that it has the right to act on your behalf and the right to legally bind you.
Governing Law and Jurisdiction
All matters relating to the Website, the Services, and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service, the Website, or these Terms of Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
Motor carriage shall be understood as “contract carriage” within the meaning of 49 USC 13102(4)(B), and the parties each expressly waive all rights and remedies they may have as to each other under 49 USC, Subtitle IV, Part B as permitted by 49 USC 14101(b)(1) to the extent that such rights and remedies conflict with the terms of these Terms of Service.
No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Your Comments and Concerns
This website is operated by Fleet Logistics, Inc., doing business as Fleet, located at 625 SW Broadway, Suite 500, Portland, OR 97205.
All notices of copyright infringement claims should be sent us in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website and the Services should be directed to: firstname.lastname@example.org