Terms of service

FREIGHT2FLEET

Terms of Service

Please read these Terms of Service (these “Terms”) carefully as they contain important information regarding your legal rights, remedies, and obligations, including various limitations and exclusions on our liability, a clause that governs the jurisdiction and venue of disputes, and obligations on you to comply with applicable laws and regulations.

FREIGHT2FLEET,LLC (collectively with its affiliates, “FREIGHT2FLEET”, “F2F”, “we”, “us,” or “our”), provides an asset-sharing program that connects owners of certain vehicles, trailers, chassis, and other transportation-related equipment (“Equipment”) with those seeking to book that equipment (the “Program”). The Program and all related websites, services, content, documentation, and underlying technology, including all updates, upgrades, improvements, bug fixes, and other modifications to the same, are collectively referred to as the “Services.”

By accessing or using the Services, including by communicating with us or other FREIGHT2FLEET users, or by entering into any agreement with FREIGHT2FLEET that governs your access to or use of the Services, you agree on behalf of yourself and any company or organization that you represent (together, “you”) that you have read and understand and agree to comply with and be legally bound by, the provisions of these Terms. If you do not agree with these Terms or our Privacy Policy, do not access or use the Services.

We reserve the right, at our sole discretion, to modify these Terms at any time. If we modify these Terms, we will update you. By continuing to access or use our Services after we have notified you of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your FREIGHT2FLEET Account.

  1. CONTACT US: If you have any questions for us concerning these Terms or FREIGHT2FLEET generally, please contact us by email at info@freight2fleet.com or by mail at FREIGHT2FLEET, 73 Woodland Drive, Fair Haven, NJ.

  2. PRIVACY POLICY: We may collect certain information about you and from your access to and use of the Services as described in our Privacy Policy.

  3. PROGRAM PURPOSE:

    1. Purpose: The Program is intended only for use by owners of Equipment seeking to rent out that Equipment (“Owner(s)”) and companies looking to rent and use that Equipment (“Renter(s)”). Nothing within the Program constitutes an offer, but an invitation to you to make an offer to rent Equipment through the Program. All Equipment rentals are subject to acceptance by the applicable Owner. Any agreement between an Owner and a Renter with respect to the rental of Equipment will be solely between those two parties and must be pursuant to a written equipment rental agreement between those parties as further discussed below. Our Services are intended solely for persons who are 21 or older, except that we permit Renters age 18 and older to book Equipment through the Services. Any use of the Services by anyone who does not meet these age requirements is expressly prohibited.

    2. Term: These Terms begin upon the earlier of (a) your creation of a FREIGHT2FLEET Account (as defined below) or (b) your first access to or use of the Services, and will continue in effect until termination in accordance with these Terms.

    3. Equipment Rental Agreements: Any agreement between an Owner and a Renter with respect to the rental of Equipment must be memorialized in a written agreement setting forth the terms applicable to the rental (“Equipment Rental Agreement(s)”). The Program may provide Owners with access to one or more template Equipment Rental Agreements, which Owners may use at their sole discretion. Regardless of the source of any Equipment Rental Agreement document, each Equipment Rental Agreement must be provided to FREIGHT2FLEET once executed by both the Owner and Renter and must: specify the Equipment to be rented and the rental period; address the pick-up and return of the Equipment; state any applicable rental fees; impose appropriate obligations of Equipment care and maintenance on the Renter; and impose appropriate insurance coverage requirements on the Renter.

  4. ACCOUNTS:
    1. Account Registration: To become part of the Program, you must sign up for an account with us (a “FREIGHT2FLEET Account”) through the Services. You will be required to submit certain information to create your account and to rent Equipment, which information may be required to be submitted to us via email at info@freight2fleet.com All information and documents emailed to info@freight2fleet.com must be sent from the email address associated with the sender’s FREIGHT2FLEET Account, must contain the sender’s name, and must contain the transaction number, if any, assigned to the applicable Equipment rental transaction.

      You will also be required to establish a password. You are responsible for maintaining the confidentiality of any information you use in connection with the Services, including your password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately at info@freight2fleet.com. You will not transfer your Services account to or share your Services account with any other person. Your Services account is personal to you. You agree to take reasonable precautions in all communications and interactions with other Services users and other persons with whom you communicate or interact because of your use of the Services.

    2. Fees and Payment Terms: All amounts payable in connection with your access to or use of the Services, including but not limited to all Equipment rental fees, deposits, late fees, and payment processing fees, must be remitted through the website. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card or other payment information that you submit is incorrect or invalid, your payment will not be processed and any amounts due by you will remain due. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our third-party payment processor (ex. Shopify Payments). All payment obligations under these Terms are nonrefundable. FREIGHT2FEET retains the right to charge your Payment Method regularly, based upon terms of the Equipment Rental Agreement, once the Equipment Rental Agreement is executed by both Owner and Renter.

      Owner users will need to submit certain bank account information to facilitate payment to Owner users by our payment processor for amounts paid by Renter users. Your receipt of payments from our payment processor of choice may be subject to certain terms and conditions. The payment processor will deduct from each payment to Owner certain fees, including but not limited to (a) payment processing fees (which are required and will be retained by the payment processor ) equal to (i) 3.25% of the payment amount plus (ii) a $0.30 per payment/transaction fee; and (b) FREIGHT2FEET Service Fees, which will be passed through to FREIGHT2FLEET. If you have questions about the Service Fees, please email info@freight2fleet.com. Fees imposed by the payment processor are subject to change from time to time without notice or liability.

      A deposit in an amount to be determined by Owner or FREIGHT2FLEET may be expected from and due by Renter upon rental of any Equipment and will be returned to Renter after the applicable equipment inspection form (i.e. digital inspection form) is completed, the return of the Equipment has been accepted by the Owner, and the transaction has been completed.

      Renters acknowledge and understand that Owners have sole control over any availability of refunds and deposit returns and that FREIGHT2FLEET cannot and has no obligation to issue or facilitate the issuance of refunds unless and until FREIGHT2FLEET receives all such corresponding funds from the applicable Owner. Additionally, we have the right to offset against future payments made by Renters to Owners and the amount of any fees, fines, chargebacks, and similar charges.

      FREIGHT2FLEET may, but is not obligated to, employ all legal methods available to collect any past-due fees payable by you to FREIGHT2FLEET, including the engagement of collection agencies and legal counsel. FREIGHT2FLEET, or the collection agencies we retain, may also report information about your FREIGHT2FLEET Account to the necessary third-party entities, including but not limited to, credit bureaus, Carrier411, and, as a result, late payments, missed payments, or other defaults on your FREIGHT2FLEET Account may be reflected in your credit report, Carrier411 report, or various similar reports. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks, including, but not limited to, collection fees, convenience fees, and/or other third-party charges.

    3. Verification: You may be required to provide certain types of information about yourself, your affiliates, and your Equipment, if applicable. We do not assume any responsibility for the confirmation of any clients identity. Notwithstanding the foregoing, for fraud prevention purposes and to the extent permitted by law, FREIGHT2FLEET has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of clients (individuals and companies) and Equipment, including driving history and driver’s license validity, which may include FREIGHT2FLEET requests for forms of government identification, screening of users against third-party databases, and obtaining reports from public records of criminal convictions. FREIGHT2FLEET does not endorse any Equipment, Owner, or Renter, nor does FREIGHT2FLEET commit to undertake any specific screening process. FREIGHT2FLEET may in its sole discretion use third-party services to verify information provided and to obtain related information and corrections where applicable, and you hereby authorize FREIGHT2FLEET to request, receive, use, and store such information. Any references to a client being “verified” or the equivalent indicates only that the user has completed a relevant verification or identification process made available by FREIGHT2FLEET and nothing else. We do not make any representations about, confirm, or endorse the safety or roadworthiness of any Equipment.

    4. Your Warranties and Commitments: You hereby represent and warrant (i) that you will always use the Services in compliance with these Terms, applicable laws and regulations, and any policies and standards provided to you by FREIGHT2FLEET (including complying with all applicable local, state, and regulatory insurance rules and requirements concerning Equipment), (ii) that you have the authority to enter into these Terms, (iii) that you meet the above eligibility criteria, (iv) that you are under no contractual obligation that will interfere with your ability to perform under these Terms, (v) that the Services will not be accessed or used in any manner not permitted by these Terms, (vi) that all information you provide in connection with your access to and use of the Services is true, accurate, and complete to the best of your knowledge and belief, and (vii) that you will keep all such information up to date.

    5. Additional Terms: Your access to or use of certain features or functionality of the Services may be subject to additional terms, conditions, rules, or policies (together, “Additional Terms”). All applicable Additional Terms are incorporated by reference into these Terms.

    6. Violations of these Terms; Account Suspension, Deactivation, and Termination: FREIGHT2FLEET has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of these Terms to the fullest extent permissible by the law. FREIGHT2FLEET reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that FREIGHT2FLEET, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services, clients, or our community, including deleting, delaying, or refusing to display Equipment listings or other content. If we believe you are abusing the Program other clients, or FREIGHT2FLEET employees in any way or violating these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your FREIGHT2FLEET Account(s) and access to our Services, remove User Content (as defined below), remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from accessing or using our Services.

      In addition, FREIGHT2FLEET may, for any reason and in its sole discretion and without notice or liability, suspend, deactivate, or terminate your FREIGHT2FLEET Account or your use of the Services, and may terminate these Terms, including if you breach these Terms or upon any unauthorized use of your username or password.

      You may terminate your FREIGHT2FLEET Account at any time by emailing us at info@freight2fleet.com. You understand that, after termination of your FREIGHT2FLEET Account or these Terms, any User Content you have provided may remain in our systems and may continue to be used by other users of the Services, as applicable.

      Termination of your FREIGHT2FLEET Account or these Terms will not have any effect on the warranty disclaimer, indemnification, waiver of rights, liability limitation, or legal dispute provisions of these Terms and/or any fees due, nor on any other provision intended to survive termination, and all those provisions will survive any termination of these Terms or your access to or use of the Services.

    7. Photography: FREIGHT2FLEET may offer Owners the option of having photographers, which may include Renters, take photographs of their Equipment.  FREIGHT2FLEET will have the right to use any Images in accordance with the subsection for advertising, marketing, and/or any other business purposes in any media or platform, without further notice or compensation to you. Where FREIGHT2FLEET is not the exclusive owner of any Images, you hereby grant and agree to grant to FREIGHT2FLEET an exclusive, worldwide, irrevocable, perpetual, transferable, assignable, royalty-free, fully paid-up right and license, with the right to sublicense, to use such Images for advertising, marketing and/or any other business purposes in any media or platform, without further notice or compensation to you.

  5. FREIGHT2FLEET IS NOT A COMMERCIAL LEASING COMPANY: FREIGHT2FLEET does not own any transportation-related equipment and is not in the business of renting equipment to or from any person or entity. FREIGHT2FLEET only provides a Program where equipment owners and those in need of equipment can connect and share equipment among themselves subject to these Terms. FREIGHT2FLEET has no control over the conduct of any Owner, Renter, or third party.

  6. NO INSURANCE PROVIDED: You further acknowledge and agree that you will receive no protection, insurance coverage, or roadside assistance from FREIGHT2FLEET or its agents.

  7. NO EQUIPMENT SALE, TRANSFER, OR ASSIGNMENT: Renters and Owners agree that nothing in these Terms constitutes an actual or purported sale, transfer, or assignment of any right or interest in any Equipment.

  8. NO LEGAL ADVICE: We do not provide legal advice or legal services. Neither the Services nor FREIGHT2FLEET reviews agreements between you and any third parties (including those between Owners and Renters), nor any documents submitted via or in connection with the Program, for legal sufficiency, performs any cost-benefit analyses, draws legal conclusions, provides legal advice, opinions, or recommendations, nor addresses or mediates any disputes amongst clients. Additionally, any template or form documents (including equipment rental agreements) provided on or through the Services are examples only and are made available only for users’ reference purposes. You understand that you are not required to use any such template or form documents. All Program clients are strongly discouraged from using any such template or form documents without having such documents reviewed by such party’s legal counsel.

  9. ADDITIONAL PROVISIONS APPLICABLE TO OWNERS:

    1. Ownership: Owner represents and warrants that it is the owner and title owner of any and all Equipment it supplies to the Program or has the full unencumbered legal right to list such Equipment and enter into Equipment Rental Agreements concerning that Equipment. To the extent authorization to list Equipment or enter into Equipment Rental Agreements is required from any third party, Owner represents and warrants that it has obtained such authorization in writing.

    2. Authority: An Owner must have, maintain, and be current on any and all motor carrier authority(ies) required by federal, state, and/or local laws or regulations to register for a FREIGHT2FLEET Account. For any operations conducted by an Owner not required under applicable law or regulation to have motor carrier authority, or for which only limited motor carrier authority is required, FREIGHT2FLEET may, in its sole discretion, limit the types of operations permitted under or in connection with the Program, including without limitation by imposing limits on the size of Equipment permitted to be included in the Program.

    3. Exclusivity: In addition to all use restrictions set forth below in these Terms, you agree that you are prohibited from advertising any equipment that you offer within the Program on any other asset-sharing marketplace or similar service.

    4. Price / Listings: Although you may leverage the Services to aid in your decision, you, alone, are responsible for setting a price for your Equipment. Images, descriptions, and other content must accurately and fairly reflect the quality and condition of your Equipment.

    5. Condition and Provision of Equipment: You commit that you will provide only safe and legally registered and insured equipment that has clean (i.e., non-salvage, non-branded, and non-written-off) title, are in good mechanical condition, and are not subject to any applicable safety recalls. You are responsible for complying with all applicable legal requirements and for maintaining your listed Equipment in safe and roadworthy condition. Owners are required to complete a visual inspection before the commencement of any rental period. If you find damage in your initial inspection, you should take photographs of such pre-existing damage before the start of any rental period and send them to info@freight2fleet.com for record keeping purposes. You further commit that you will provide rented Equipment on time to the Renter and that you will fully comply with each Equipment Rental Agreement. You will not offer any Equipment that may not be shared for compensation under the terms and conditions of an agreement with a third party, including, but not limited to, a lease, rental, or financing agreement.

    6. Maintenance: You are required to regularly check your Equipment for any defects in their operations or safety. You promise that, at all times, your Equipment will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable Department of Transportation regulations, inspection requirements, and registration requirements. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your Equipment to be booked.

    7. Post-reservation Maintenance: You have three days from when the asset was returned to report any damage to FREIGHT2FLEET or Renter.

    8. Claims and Collections: In the event of any dispute, claim, or non-payment arising from a lease transaction conducted within the Program, it is expressly understood that you alone shall be responsible for pursuing and handling such matters.

    9. Equipment Availability: Once an Equipment Rental Agreement is entered into, you must make the applicable Equipment available for use by, and otherwise comply with, the Equipment Rental Agreement. If you offer the Renter the option to pick up your Equipment at a specified location, you must supply the location of the Equipment accurately and ensure that the Equipment is available at that location at the beginning of the rental period.

    10. Termination of Equipment Rental Agreement: Owners have the right to terminate any Equipment Rental Agreement by giving both FREIGHT2FLEET and the Renter at least 72 hours' notice. You must coordinate the return of the Equipment with the Renter if the Renter has already taken possession of the Equipment. Termination of an Equipment Rental Agreement will carry a charge of $250 per piece of Equipment included in the terminated Equipment Rental Agreement.

  10. ADDITIONAL PROVISIONS APPLICABLE TO RENTERS:

    1. Driver’s License / Condition of Equipment: As a Renter, You commit that you (or, as applicable, the individual who will be operating any Equipment on your behalf) are a legally licensed commercial driver and you agree, upon our or any Owner’s request, to provide proof of a current, valid commercial driver’s license. You further commit to treat all Equipment with care, to use and operate Equipment solely within its rated capacities, to use and operate the Equipment only within the continental United States, and to take all reasonable measures to return Equipment on time and in the same condition as when received. Renter will not make any alterations or modifications to the Equipment. In no event will Renter use or permit any Equipment to be used for the transportation of passengers. Renter will only permit qualified and trained personnel, licensed where required by law, to use the Equipment. You will allow only authorized personnel to operate Equipment that you have booked. You will not leave any Equipment unlocked or running or unattended with undeterred key access. If applicable, You must return the Equipment to the Owner with the fuel at the same level as when you took possession of the Equipment. Renters are required to complete a visual inspection before the commencement of their use of any Equipment.

    2. Fees, Expenses, Permits, Fines, and Taxes: You are responsible for paying all fees and amounts when they come due. You will be responsible for all the expenses and costs relating to any fees, citations and fines (e.g., tolls, parking tickets, towing fines, storage fees) incurred during the rental period or in connection with your rental or use of any Equipment. You acknowledge that FREIGHT2FLEET or Owners may require and hold deposits as part of an Equipment rental. Additionally, Renter will pay, promptly when due, such taxes for which Renter is liable under any Equipment Rental Agreement, including without limitation fuel taxes and mileage taxes.

    3. Licensing and Taxes: Renter shall keep the Equipment free and clear of all levies, liens, and encumbrances and, except registration/plate fees (which shall be obtained by the Owner) shall pay any taxes, assessments, license fees, registration fees, and similar charges on or related to the Equipment incurred during the term of the Equipment Rental Agreement, including without limitation, any sales tax, use tax, excise tax, personal property tax, assessments and other governmental fees on or relating to the Equipment incurred during the terms outlined in the Equipment Rental Agreement. The parties acknowledge that the charges included in the Equipment Rental Agreement for the Equipment are exclusive of sales receipt or use taxes, and third structure taxes, including, but not limited to, weight, distance, ton mileage, and axle mile taxes. Renter shall pay the amount of any sales receipt, use tax, or third structure tax now or hereafter imposed upon the execution of the Equipment Rental Agreement. Renter will pay to FREIGHT2FLEET all charges incurred by FREIGHT2FLEET in states other than the state of domicile for any of the items listed in this Paragraph.

    4. Fuel Tax: If applicable, Owner will: (i) apply and pay for fuel tax permits/IFTA fuel tax permits and highway use/mileage tax permits for Equipment; (ii) prepare and file IFTA fuel tax and highway use/mileage tax returns; and (iii) pay fuel taxes and highway use/mileage taxes imposed on the operation of the Equipment.

    5. Required Documentation: Renter must promptly provide FREIGHT2FLEET with all necessary documentation requested by FREIGHT2FLEET (including trip records and fuel tickets or information necessary to request a DataQ modification). If you fail to provide FREIGHT2FLEET with timely, accurate, and complete information, you agree to (i) reimburse FREIGHT2FLEET for any charges, penalties, expenses, or disallowed credits; (ii) pay FREIGHT2FLEET an amount equal to the estimated taxes computed on a per mile basis: and (iii) pay FREIGHT2FLEET a surcharge of $.20 for each mile that you fail to properly report.

    6. Reimbursement of Fuel, Highway Use, and Mileage Taxes: If applicable, the mileage rate is intended to cover the costs of fuel, highway use, and mileage taxes during the terms of the Equipment Rental Agreement, provided Renter complies with all terms of the Equipment Rental Agreement, including any use restrictions. Notwithstanding, Renter must provide all necessary documentation pursuant to Paragraph 10.2 above, and shall be subject to the surcharge therein and/or other fines and penalties, if Renter fails to provide all required documentation or fails to comply with all applicable terms of the Equipment Rental Agreement, including any use restrictions.

    7. Other Taxes, Fees, Tolls, or Fines: Renter shall pay for all taxes, fees, special licenses, traffic and parking violations, towing and storage expenses, and other similar fines and tolls (whether in effect now or imposed after the date of the Terms) relating to the use of any Equipment during the term of the equipment Rental Agreement or other charges under these Terms (excluding any taxes based on FREIGHT2FLEET’s or Owner’s net income). If your failure to pay any of the above items results in an outstanding charge, claim, or lien involving any Equipment or another vehicle listed herein, then FREIGHT2FLEET or Owner may settle such, and you shall promptly pay FREIGHT2FLEET or Owner the full amount of such settlement, any related costs.

    8. Placarding: In the event any Equipment is operated or leased by Renter for a period equal to or over 30 days, Renter must identify the vehicle in compliance with federal and state regulations.

    9. Liability and Insurance: Upon execution of an Equipment Rental Agreement, the Renter assumes all liability for the Equipment to be rented while in the care, custody, or control of the Renter, including all damages, losses, and other liabilities. Renter agrees to procure and maintain all insurance coverage appropriate in connection with its rental or use of any Equipment, including all insurance required by the applicable Equipment Rental Agreement. FREIGHT2FLEET reserves the right to require a Renter to submit a valid certificate of insurance or proof of insurance to FREIGHT2FLEET as a condition of renting or taking possession of any Equipment. To the extent Renter obtains insurance to cover liability for rented Equipment, that insurance will be primary in all respects.

    10. Use of Equipment: When you book Equipment through the Program, you must use the Equipment only for your proper business use. Public livery or transport of passengers is strictly prohibited. You will not access or use any Equipment until the beginning of the applicable rental period and you must return all Equipment on time and to the correct location. You must present the Owner with a current, valid driver’s license. You must exercise reasonable care in your use of all Equipment. You are required at all times to operate Equipment safely and in compliance with all applicable laws, including without limitation speed limits and prohibitions on impaired or distracted driving. You are required to wear seat belts during the operation of any Equipment and to require that any and all other occupants of the Equipment wear seat belts.

    11. State Laws Regarding Rental Vehicle Theft: It is a felony in most jurisdictions to fail to return a rental vehicle within a certain period after the rental period has expired. The following conduct may result in the reporting of the Equipment you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, civil and/or criminal penalties, and the voiding of your insurance coverage:

      1. If you fail to return Equipment at the time and place agreed upon with the Owner;

      2. If you do not return the Equipment by the end of the rental period and you have not properly obtained an extension of the rental from the Owner;

      3. If the Equipment is returned to any place other than the return location specified in the Equipment Rental Agreement; any damage to, or loss or theft of, Equipment occurring before the Owner accepts the return of the equipment is the Renter’s responsibility;

      4. If you misrepresent facts to the Owner pertaining to the booking, use, or operation of any Equipment;

      5. If any Equipment’s interior components or contents are stolen or damaged or the Equipment itself is stolen or damaged when left unlocked, running, or unattended with the keys not secured;

      6. If you fail or refuse to communicate in good faith with the Equipment’s Owner, police, or other authorities with a full report of any accident or vandalism involving the Equipment or otherwise fail to cooperate in the investigation of any accident or vandalism; or

      7. If Equipment is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license; whose driver’s license becomes invalid during the rental period; who has obtained the keys without permission of the Owner; or who misrepresents facts to or withholds facts from the Owner material to the booking, use or operation of any Equipment.

    12. Termination of Equipment Rental Agreement: Renters have the right to terminate any active Equipment Rental Agreement by giving both FREIGHT2FLEET and the Owner at least 72 hours' notice. Whether You or the Owner terminates an Equipment Rental Agreement, You must coordinate the return of the Equipment with the Owner and return the specified Equipment within 72 hours of notification from the Owner. As the Renter, if you do not fulfill the termination request of the Owner and the Equipment is not returned within 72 hours, you will be charged late fees for each day the Equipment is not returned to the Owner at a specified location.

  11. USE OF THE SERVICES, INTELLECTUAL PROPERTY, AND USER CONTENT:

    1. Use Restrictions: In connection with your use of or access to the Services (including your provision, lease, rental, or use of Equipment), you will not, and you will not advocate, encourage, request, or assist any other person to:

      1. Violate any applicable law or regulation, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, and third-party rights;

      2. Post or provide false, inaccurate, misleading, defamatory, libelous, or infringing information or content;

      3. Dilute, tarnish, or otherwise harm the FREIGHT2FLEET brand in any way;

      4. Register for a FREIGHT2FLEET Account on behalf of an individual other than yourself or impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

      5. Use the Services to find an Owner, a Renter, or Equipment and then complete a transaction partially or wholly independent of the Services, or otherwise circumvent the Program by going directly to the Owner or Renter (as applicable), to circumvent the obligation to pay any fees related to FREIGHT2FLEET’s provision of the Services or for any other reasons or purpose;

        1. Additional and related restrictions are found within our Off-Program Policy, which is located below in Section 16 of this Agreement.

      6. Copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Services or any part thereof;

      7. Harm or threaten to harm FREIGHT2FLEET, other clients, or any other person, including:

        1. “stalk” or harass any other client or collect or store any personal information about any other client other than for purposes of transacting as an Owner or Renter in accordance with these Terms;

        2. engage in physically or verbally abusive or threatening conduct;

        3. use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;

        4. treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they’re from, or when they were born; discrimination of any kind is not tolerated;

      8. Use the Services for your unrelated purposes, including to:

        1. contact an Owner for any purpose other than in relation to a booking of said Owner’s equipment or an inquiry other than in relation to said Owner’s listing(s);

        2. contact a Renter for any purpose other than in relation to a booking or such Renter’s use of the Services;

      9. Use the Services as part of any effort to compete with FREIGHT2FLEET or to provide services as a service bureau; use the Services to develop, create, produce, enhance, or add to any database; develop, assist in developing, or have developed on behalf of yourself or any other person any software, technology, or services that compete with or are substantially similar to the Services; nor access, use, or analyze the Services for any purpose that is to FREIGHT2FLEET’s detriment or commercial disadvantage;

      10. Contact another FREIGHT2FLEET client for any purpose other than asking a question related to applicable Equipment or the user’s use of the Program, for example, recruiting or soliciting any user to sign up for third-party services;

      11. Discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive, or disruptive behavior;

      12. Manipulate ratings or reviews in any manner, for example, instructing someone to write a positive or negative review about a FREIGHT2FLEET client; nor

      13. Interfere with the operation of the Services, including by:

        1. distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

        2. distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm FREIGHT2FLEET or the interests or property of others;

        3. imposing an unreasonable or disproportionately large load on our infrastructure;

        4. engage in activities that aim to render the Services inoperable or to make their use more difficult;

        5. systematically retrieving data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise;

        6. using display mirroring or framing the Services or any individual element within the Services, FREIGHT2FLEET’s name, any FREIGHT2FLEET trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without FREIGHT2FLEET’s express written consent;

        7. attempting to probe, scan, or test the vulnerability of any of FREIGHT2FLEET’s system or network or breach any security or authentication measures;

        8. avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by FREIGHT2FLEET or any of FREIGHT2FLEET’s providers or any other third party (including another user) to protect the Services; or

        9.    attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.

    2. Intellectual Property Rights: The Services, including their text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content, is exclusively the property of FREIGHT2FLEET or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights belonging to FREIGHT2FLEET or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by FREIGHT2FLEET to you under any patent, copyright, trademark, trade secret, or other intellectual property right of  FREIGHT2FLEET.

    3. User Content: The Services may permit you to post, enter, upload, publish, submit, or transmit data, information, or other content to or through our Services (including that sent to us via email), such as photographs and descriptions of you, of rented or available Equipment, and of trips using Equipment, as well as reviews, feedback, documentation, and messages (collectively, “User Content”). If you provide any User Content, you hereby grant FREIGHT2FLEET a worldwide, irrevocable, perpetual, transferable, assignable, royalty-free, fully paid-up right and license, with the right to sublicense, use, view, copy, adapt, modify, reformat, reorganize, translate, excerpt, prepare derivative works of, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, store, exploit, and otherwise use and distribute, in all media and distribution methods now known or later developed, such User Content for purposes of making it available to other Services users and for FREIGHT2FLEET’s business purposes (including for aggregation and analytics and to promote or market the Services).

      By providing User Content, you agree not to claim that any use of that User Content by us, any Services user, or any third party infringes or violates your or any other person’s intellectual property rights, rights of privacy, rights of publicity, or other rights. Subject to the right and license granted to FREIGHT2FLEET above, you retain any copyright or other intellectual property rights you may have in any User Content you provide.

      You agree that you, alone, are responsible for all User Content you provide and for the accuracy, originality, legality, and appropriateness of such user Content. FREIGHT2FLEET does not generate and is not responsible or liable for any User Content. You understand and acknowledge that certain features of the Services may allow or require User Content that you provide to be made available (including publicly available) to other users of our Services and that, accordingly, those other users may be able to access and use that User Content.

      You understand that your participation in online communications through the Services may occur in real-time and is not edited, censored, or otherwise controlled by FREIGHT2FLEET. FREIGHT2FLEET cannot and does not screen content provided by users of the Services. FREIGHT2FLEET reserves the right but does not have the obligation, at any time and for any reason, to monitor, review, prescreen, edit, redact, modify, reorganize, or recategorize User Content and to remove or delete User Content from the Services, including if FREIGHT2FLEET determines it to be harmful, offensive or otherwise in violation of these Terms. FREIGHT2FLEET has the right, but not the obligation, to archive or otherwise store any User Content. FREIGHT2FLEET reserves the right to impose limits on Services features (e.g., the ability to provide User Content) and to restrict your access to all or parts of the Services at any time for any reason, including breach of these Terms. You understand that, even after removal or deletion, User Content you have provided may remain viewable to and may have been copied or stored by other Services users.

      By providing User Content you represent and warrant that you are the creator or owner of that User Content or that you otherwise have the full ability and all legal rights, permissions, and consents necessary to provide that User Content as contemplated by these Terms.

      Please keep in mind that User Content you provide may be made available to other users of the Services. You must maintain a polite, pleasant, and respectful environment. User Content that harasses, abuses, stalks, threatens, or violates the legal rights of others is prohibited. User Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful is prohibited. You will not create a false identity, hide your true identity, or impersonate or represent any person other than yourself.

    4. Copyright Protection: We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws (to the extent the DMCA and such other laws apply), we strive to expeditiously remove any infringing material from the Services if we become aware of the same. It is our policy, in appropriate circumstances, to terminate the accounts or Service access of users who are repeat infringers charged with infringement. If you believe that anything on the Services infringes any copyright that you own or control, please provide a notice that contains the following information:

      1. A description of the copyrighted work(s) that you claim have been infringed;

      2. A description of the allegedly infringing material, including its location on the Services;

      3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

      4. Your email address, telephone number, and mailing address;

      5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and

      6. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

        Your notice must meet the then-current requirements implemented by the DMCA. Please send the above information to:
        FREIGHT2FLEET, info@freight2fleet.com, 73 Woodland Drive, Fair Haven, NJ

  12. SERVICES AVAILABILITY / CHANGES TO THE SERVICES: Any features, materials, products, or services made available through the Services are subject to availability. FREIGHT2FLEET may change the Services and the features, materials, products, and services made available through the Services at any time without notice or liability.

  13. DISCLAIMER OF WARRANTIES: FREIGHT2FLEET PROVIDES ONLY SERVICES THAT ENABLE THE SHARING OF EQUIPMENT BETWEEN OWNERS AND RENTERS. FREIGHT2FLEET DOES NOT PROVIDE EQUIPMENT, RENTAL OR LEASE SERVICES, OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURERS OF ANY EQUIPMENT, OR ANY THIRD-PARTY PROVIDER OF SERVICES (E.G., IN-EQUIPMENT GPS OR OTHER SYSTEMS).

    THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, FREIGHT2FLEET EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF OPERATION OF LAW, COURSE OF DEALING, OR USAGE OF TRADE.

    FREIGHT2FLEET MAKES NO WARRANTY THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS AND ANY EQUIPMENT, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FREIGHT2FLEET MAKES NO WARRANTY REGARDING THE QUALITY OF EQUIPMENT, OWNERS, RENTERS, THE SERVICES, OR ANY CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. FREIGHT2FLEET DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. FREIGHT2FLEET HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR CONTENT.

    WE DO NOT WARRANT OR ENDORSE ANY USER CONTENT. ALL USER CONTENT IS SOLELY THE RESPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER CONTENT.

    YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF TELECOMMUNICATIONS, THE INTERNET, WIRELESS NETWORKS, AND ELECTRONIC COMMUNICATIONS. FREIGHT2FLEET IS NOT RESPONSIBLE FOR ANY DELAYS, INACCURACIES, DELIVERY FAILURES, OR OTHER FAILURES OR DAMAGE RESULTING FROM THOSE PROBLEMS OR ANY OTHER PROBLEMS OUTSIDE OF FREIGHT2FLEET’S REASONABLE AND DIRECT CONTROL, INCLUDING WITHOUT LIMITATION TELECOMMUNICATIONS SERVICES, THE INTERNET, YOUR WIRELESS NETWORKS, AND ANY THIRD-PARTY SOFTWARE.

    FREIGHT2FLEET MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES.

    YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICES, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FREIGHT2FLEET, ITS EMPLOYEES, OR ITS SERVICE PROVIDERS OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY.

  14. LIMITATION OF LIABILITY / WAIVER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, WILL FREIGHT2FLEET, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, INSURERS, SUPPLIERS, LICENSORS,
     
    SUCCESSORS, OR ASSIGNS (TOGETHER, “FREIGHT2FLEET PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICES (INCLUDING ANY DELAY OR INABILITY TO USE THE SERVICES AND ANY INFORMATION OF INFORMATION INTO THE SERVICES), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF DATA OR DAMAGE TO SYSTEMS, EVEN IF A FREIGHT2FLEET PARTY HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT WILL THE FREIGHT2FLEET PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SERVICES AS A RENTER IN THE TWELVE (12)-MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR, IF YOU ARE AN OWNER, THE AMOUNT OF FEES PAYABLE OR PAID TO YOU BY RENTERS THROUGH THE PROGRAM IN THE TWELVE (12)-MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (II) $100.

    THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FREIGHT2FLEET AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    YOU WAIVE CALIFORNIA CIVIL CODE §1542, AND ANY SIMILAR LAW IN ANY OTHER JURISDICTION, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST THE FREIGHT2FLEET PARTIES AND ANY USER OF THE SERVICES FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN ANY EQUIPMENT, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OTHER PERSON, OR ANY ACTIONS OR INACTION OF THE OWNER OR THE RENTER.
     
    TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY USER OF THE SERVICES FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES.


  15. INDEMNIFICATION: You agree to release, defend, indemnify, and hold harmless the FREIGHT2FLEET Parties from and against any and all claims, liabilities, demands, complaints, lawsuits, actions, judgments, settlements, damages, losses, fines, liens, penalties, costs, and expenses (including without limitation reasonable legal and accounting fees), arising out of or in any way connected with (a) your access to or use of the Services; (b) your misuse of or reliance on any material, data, or other information (including User Content) downloaded or otherwise obtained from the Services; (c) your violation of these Terms or any Equipment Rental Agreement; (d) your submission of information or User Content; (e) your violation of or noncompliance with applicable laws or regulations; (f) your interaction with any other user of the Services, your listing of Equipment, or your booking of Equipment; (g) the use of Equipment owned or rented by you or on your behalf, any Equipment condition, or any trip using any Equipment, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a booking, sharing, lease, rental, or use of Equipment; (h) any acts or omissions of any Renters to whom you rent Equipment or any acts or omissions of any Owners from whom you rent Equipment, as applicable; or (i) your negligence, willful misconduct, or fraud. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

  16. OFF- PROGRAM POLICY:

    1. Prohibitions:

      1. Taking people off the FREIGHT2FLEET program for new, partial, or future reservations;

      2. Contacting potential renters or owners before reserving asset(s) on FREIGHT2FLEET to move the reservation off of FREIGHT2FLEET (ex: offering discounts to book off of FREIGHT2FLEET);

      3. Asking renters to fill out forms, or call, email, or otherwise contact you via a non- FREIGHT2FLEET communications service before accepting reservation requests;

      4. Canceling existing full or partial reservations and having renters rebook outside of the FREIGHT2FLEET Program;

      5. Asking or encouraging renters or owners to book outside of FREIGHT2FLEET for repeat or future reservations;

      6. Including links or embedding buttons (ex: footers, headers) that take people off of FREIGHT2FLEET website to another website in any messages to renters;

      7. Asking users for, or using, contact or identity information in ways unrelated to their reservation, or that compromise the quality of their rental;

      8. Asking users for contact information before booking; all communications before a reservation must be with the FREIGHT2FLEET Program;

      9. Soliciting users for their email, mailing address, or other communications channels using the FREIGHT2FLEET messaging system or email alias after a reservation;

      10. Asking renters for contact information after a reservation to run credit checks or background checks;

      11. Asking renters to send photos of their government ID before arrival except where required for legal or compliance reasons as outlined in this Agreement;

      12. Asking for or using users’ contact information to settle additional payments outside of FREIGHT2FLEET’s Program; all payments related to a reservation, including extensions of a lease terms (and besides exceptions identified below), must go through FREIGHT2FLEET;

      13. You may not ask renters to review a FREIGHT2FLEET reservation on a non- FREIGHT2FLEET website or fill out a survey regarding a FREIGHT2FLEET reservation on a non- FREIGHT2FLEET website (such as a form off of FREIGHT2FLEET) unless you are an approved leasing company partner. These actions take valuable input about a renter’s reservation away from the FREIGHT2FLEET community. We want renters to share their feedback directly on FREIGHT2FLEET so that other renters may benefit from their insights.

      14. Using contact information provided by FREIGHT2FLEET for other purposes that violate our Terms of Service; and

      15. Selling, sharing, or using users’ contact information for marketing communications or signing renters up for contact lists.

    2. Exceptions:

      1. You may require additional contact/identity information if it is required for legal or compliance reasons and can be verified by an Owner upon request by FREIGHT2FLEET (such as local laws, HOS rules, DOT rules, FMCSA rules, and facility security rules). In such instances, Owners must include information about what is required and why, so renters understand this additional step is a requirement before booking. Owners are responsible for ensuring compliance with applicable data privacy laws;

      2. After accepting a reservation, you may ask a renter or owner to confirm that the contact information provided by FREIGHT2FLEET is an appropriate way to get in touch during their lease or if the renter requests an alternative or communication after a reservation has been initiated; and

      3. You may use an alternative means of communicating with a renter or owner if requested by either user after booking (ex: chat app), however, you must ensure such communications comply with the other requirements of this policy.

  17. GENERAL:

    1. No Agency: FREIGHT2FLEET is an independent contractor. FREIGHT2FLEET does not appoint you or any other user as its employee or agent, nor do these Terms create any kind of partnership, joint venture, or other form of joint enterprise between you and FREIGHT2FLEET. You are not authorized to make any commitments on behalf of FREIGHT2FLEET.

    2. Force Majeure: FREIGHT2FLEET will not be liable to you or to any third party for any delay or other failure to perform under these Terms that is due to causes beyond FREIGHT2FLEET’s control, including without limitation acts of God, terrorism, civil disorders, labor controversy, riot, acts of a public enemy, acts of government, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, epidemics, pandemics, telecommunications failures, Internet failures, and similar causes and events.

    3. Linking to the Website: If you operate a website and are interested in linking to the FREIGHT2FLEET website: (i) the link must be text-only unless you request a graphic badge from FREIGHT2FLEET, in which case you may use any graphic badge provided by FREIGHT2FLEET to link to the website, and, in any case, the link must be and marked; (ii) the link and its use must be in connection with a website of appropriate subject matter; (iii) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with FREIGHT2FLEET’s names and trademarks; (iv) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by FREIGHT2FLEET; and (v) the link, when activated by a user, must display the full-screen and not within a frame or mirror. FREIGHT2FLEET reserves the right to revoke consent to link to the website at any time in its sole discretion, either by amending these Terms or through other notice.

    4. Third-Party Websites and Services: The Services may link to, or be linked to, websites and services not maintained or controlled by FREIGHT2FLEET. Those links are provided as a convenience and FREIGHT2FLEET is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or services or any products or services made available through those websites or services. Please take care when leaving the Services to visit a third-party website or service. You should read the terms of use and privacy policy for each website and service that you use.

    5. Feedback: FREIGHT2FLEET welcomes comments regarding the Services. If you submit comments or feedback to us regarding the Services, they will not be considered or treated as confidential. We may use any comments and feedback that you send us at our discretion and without attribution or compensation to you.

    6. Audit: FREIGHT2FLEET and its designated representatives may, at their expense, audit, examine, and make copies of data, documents, information, and other records in your possession or control that relate to or concern the Services to determine your compliance with these Terms.

    7. Governing Law / Venue: These Terms and your access to and use of the Services will be interpreted by and governed by the laws of the State of New Jersey without regard to its conflict-of-law provisions and, as applicable, the laws of the United States of America. Unless the parties agree otherwise in writing, any claim or dispute that has arisen or may arise between the parties under these Terms must be resolved exclusively by a state, federal, or small claims court located in Monmouth County, New Jersey. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees.

    8. Notice: Except as may be otherwise specified in these Terms, all notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email to the email address for your organization on file with FREIGHT2FLEET. Where FREIGHT2FLEET is the recipient, a copy of each communication must be sent to info@freight2fleet.com to be valid. Please print or otherwise save a copy of these Terms and all notices, consents, and other communications for your reference.

    9. Entire Agreement / Interpretation: These Terms, including our Privacy Policy and any applicable Additional Terms, constitute the entire understanding between you and FREIGHT2FLEET concerning your access to and use of the Services and supersedes any earlier or contemporaneous oral or written communications between the parties regarding your access to or use of the Services. You may not delegate your obligations or assign or transfer these Terms or any of your rights under these Terms, in whole or in part, to any third party without the specific advance written consent of FREIGHT2FLEET. Any attempted assignment by you will be void and you will remain responsible for your obligations hereunder in any event. We may assign our rights and delegate our obligations under these Terms at any time to any party without notice to you. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties’ respective successors and assigns.

FREIGHT2FLEET’s failure to exercise any right under these Terms will not constitute a waiver of any other right FREIGHT2FLEET may have and any waiver of any provision of these Terms by FREIGHT2FLEET will be effective only if in writing and signed by FREIGHT2FLEET. Headings are for reference purposes only and do not limit the scope or extent of such section. If any provision of these Terms is held to be invalid, void, or for any reason unenforceable, such provision will be struck out to the extent of the invalidity and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.