Shipper User Terms

These Shipper User Terms (these “Shipper Terms”) govern your access to and use of our Sites and Services as a party who lists, submits posts or has automatically posted or submitted any Load Item(s) for shipping and transport, or requests, receives, or accepts bids and offers for shipping Load Item(s), using our Sites or Services (“Shipper”).  The Services can be accessed through https://www.fr8star.com, These Shipper Terms shall be incorporated into the Terms of Use For FR8Star located here, and are collectively referred to herein as the “Terms.” All terms used (including capitalized terms) and not defined herein shall have the meanings ascribed to them in the Terms of Use For FR8Star.

1. Shipper Registration and Account Approval. Your account must be registered with us before you can use our Services as a Shipper.  We reserve the right to limit your use of our Sites and Services or terminate your account immediately, without notice or refund of any amounts that you may have paid to us.
   
2. Load Item(s) and Shipping Bids and Offers . You acknowledge and agree to the following: 
   
   • We provide a specialized freight shipping and transport load matching/load board platform that connects shippers of heavy equipment and other specialized loads with motor carriers, freight carriers, brokers and transport companies  who provide shipping  bids and offers through our load bidding or matching process, but we provide no trucking, hauling, transporting, freight brokering, freight forwarding, motor carrier, freight carrier, freight shipping, or freight transporting  services, and we are not acting as your employee, agent, representative, broker, dealer, associate  broker, salesperson, freight broker, freight forwarder, freight carrier, freight transporter, hauler, trucker, marketing agency, or marketing agent;
   • You submit, list, post, or have allowed the automatic submission or posting of, your Load Item(s) for shipping bids and offers and make the sole and final determination with respect to the acceptance of shipping bids and offers and agreement for the transport and hauling of Load Item(s);
   • You are solely responsible for any Load Item(s) that you  post, submit, or allow to be automatically posted or submitted for shipping bids and offers;
   • You are solely responsible for your Shipper posted route information for Load Item(s), shipping destination of Load Item(s), pick up location of Load Item(s), Load Item(s) details, Load Item(s) dimensions, Load Item(s) weight, Load Item(s) descriptions, and additional information regarding Shipper’s Load Item(s) (the “Shipper Load Descriptions”) when using our Sites or Services;  
   • You agree to fully, completely, and accurately disclose all information relating to your Load Item(s), including, but not limited to, route information, load details, load dimensions, and any additional information regarding Load Item(s) and you shall be responsible for any  inaccuracies, errors, or omissions contained in such information or contained in your Shipper Load Descriptions; 
   • You will not submit, list, or post any Load Item(s) through our Sites or Services that are illegal to use, possess, transport, ship, or sell under any applicable law, rule or regulation;  
   • Load Item(s) will not contain links to or a description of other items that you may have for sale or transport outside of our Sites or Services;  
   • Any Load Item(s) that are not bid upon and do not receive shipping offers or are not accepted for transport upon completion of a bidding and offer period may be treated as withdrawn from our Sites and Services, and if you wish to re-list such Load Item(s), you may relist the Load Item(s) for shipping bids and offers; 
   • You will make the Load Item(s) available to the Carrier/Broker that you award the shipping bid to in accordance with these Terms and any User Posted Terms (as defined below) that may be included with the shipping bid and offer you accepted for your Load Item as set forth in Section 3 below; and
   • We reserve the right, in our sole discretion, to: (i) determine which Carrier/Brokers are allowed to view or access any Load Item(s) and/or to place or provide shipping bids and offers for shipping any Load Item(s) through our Sites and Services; (ii) to submit any Load Item(s) to specific Carriers/Brokers to provide a bid and offer for shipment; (iii) to allow shipping bids and offers on any Load Item(s) to only be made by select or specific Carriers/Brokers; (iv) refuse to allow any item to be listed, at any time and for any reason; (v) withdraw any Load Item(s) from our Sites and Services; (vi) review and verify a Load Item’s information and description or Shipper Load Description; (vii) amend the information in a Load Item(s) listing or posting or Shipper Load Description; or (viii) cancel any proposed shipping bid and offer for Load Item(s) that we deem to be suspicious or fraudulent and report such bid to applicable authorities. 
3. Additional Terms Posted by Carrier/Broker. A Carrier/Broker may post additional terms and conditions with their bids and offers for shipping or transporting Listed Item(s) (the “User Posted Terms”). User Posted Terms are between you and the Carrier/Broker and are separate from these Terms. You are solely responsible for reading and understanding any User Posted Terms prior to accepting a bid and offer for shipping or transporting such Listed Item(s). We do not create, review, negotiate, or enforce User Posted Terms.  If you do not agree to the applicable User Posted Terms, you should not accept a bid and offer for shipping or transport on the Listed Item(s).
   
4. Shipper Confirmation of Load Item(s) and Shipper Load Descriptions . You may post Shipper Load Descriptions.  You are responsible for reviewing the categorization of your Load Item(s) and Shipper Load Descriptions to ensure the Load Item(s) are categorized and described accurately. While we do our best to assist Shippers with posting correct information, you are responsible for reviewing and ensuring that any content and Shipper Load Descriptions displayed on our Sites or Services appears as you intended. We take no responsibility for Shipper Load Descriptions or for Load Item(s) that are mis-listed or mis-categorized. Shipper Load Descriptions are determined posted by You.  Shipper Load Descriptions are between you and a Carrier/Broker and are separate from these Shipper Terms. You are solely responsible for creating, reviewing and understanding any Shipper Load Descriptions prior to posting or submitting such information with your Load Item(s) or on our Sites and Services. We do not prepare, review, validate, verify, negotiate, certify, or enforce any Shipper Load Descriptions. We do not represent or guarantee that any Shipper Load Descriptions will be enforceable against a Carrier/Broker.
   
5. Encumbrances, Easements, and Environmental Conditions and Hazards. You are solely responsible for making full disclosure to Carriers/Brokers of any and all encumbrances, liens, leases, repairs, damage, hazards, environmental hazards, hazardous or toxic materials, gases, explosive materials, pollutants, contaminants, waste, leaks, asbestos, petroleum products, and third-party interests that may exist on or pertain to Load Item(s). You will, at your own expense, warrant and defend title to Load Item(s) on behalf of the Carrier/Broker, its successors and assigns, against the claims and demands of all persons. If required, you shall be responsible for the payment of any independent appraisals and documentation fees required to release such Encumbrances and third party interests and for remediating any environmental conditions, spills, leakage, hazards, or pollution related to the Load Item(s).
   
6. Hyperlinks. We reserve the right to refuse hypertext links to, or addresses of, other websites and to remove hypertext links or web addresses without notice at our sole discretion.
   
7. Search Results. We cannot guarantee that your Load Item(s) will appear in any specific order in search results on our Sites and Services. Search order results will fluctuate based on the search options used, including but not limited to, trailer type, location, distance, shipment type, transport method type, weight, height, width, length and other categories.
   
8. Representations and Warranties.
   • You represent and warrant that any Load Item(s) you submit, list, post, or have allowed the automatic submission or posting of: 
     
     1. are owned by you, or you have the legal right and authority to ship or transport such Load Item(s) on behalf of the legal owner; 
     2. are free and clear of any and all registered and unregistered liens, security interests, tax or duty obligations or other encumbrances or contrary claims whatsoever, except as expressly disclosed by you within the applicable listing (the “Encumbrances”); 
     3. are in good condition and/or good operating condition, free of material defects, environmental conditions and hazards and/or hazardous or toxic materials and/or chemicals and/or explosives and/or leaks, except as disclosed by you within the applicable listing; 
     4. have not been modified or tampered with in any manner that would be contrary to applicable legislation or misleading to a Carrier/Broker, including, but not limited to, tampering with emission control devices; 
     5. have not been fraudulently obtained, and are not stolen or counterfeit; 
     6. only include Shipper Load Descriptions, descriptions, pictures and videos that are accurate; and
     7. include any and all legally required disclosures that may be applicable to the shipping, transport and/or hauling of the Load Item(s) by a Carrier/Broker.   
   • You further represent and warrant that:
     1. you are solvent and have not made, nor are you aware of, any assignment, proposal or other proceeding for the benefit of your creditors;
     2. the offering for transport, shipping and hauling of the Load Item(s) will not contravene or infringe upon any patent, copyright, trademark, agreement, title or interest or similar right of any third party; 
     3. you are duly authorized to complete and provide all listing information and Shipper Load Descriptions for Load Item(s); and
     4. any and all Load Item(s) and Shipper Load Descriptions for your Load Item(s) are legal and do not violate any applicable laws, rules, regulations.
9. No Guarantee of Bids or Shipping. We do not guarantee that Carriers/Brokers will place or provide shipping bids and offers on any Load Item(s), that you will be able to ship or transport any Load Item(s) using our Site or Services, or that you will be able to require the transport of any Load Item(s) by a Carrier/Broker who has a winning shipping bid and offer for transporting or hauling the Load  Item(s).
   
10. Contracting for Transport of  Load Item(s) with Carrier/Broker. Following the expiration of a bidding and offer period for Load Item(s) and the choosing/accepting of a winning shipping bid and offer by the Shipper, the actual contracting for the transporting, shipping, or hauling  of the Load Item(s), is and shall remain the sole responsibility of the Shipper who placed the Load Item(s) for shipping bid and offer and the Carrier/Broker who had the winning shipping bid and offer. If you are the Shipper, you must coordinate the transport, shipping, or hauling of the Load Item(s) directly with the Carrier/Broker who had the winning shipping bid and offer  for shipping the Load Item(s). You assume all risk and liability associated with any agreement(s) you enter into with the Carrier/Broker. We are not a party to, the transaction or agreement between Carriers/Brokers and Shippers, and we do not transport, ship, or haul  any Load Item(s).  
    
    We are not in the business of the shipping, trucking, hauling, transporting, freight brokering, freight forwarding, motor carrying, freight carrying, freight shipping, or freight transporting of any Load Item(s).  All transactions and the terms of any agreements that may occur between the Shipper who placed the Load Item(s) for shipping bids and offers, and the Carrier/Broker who  had the winning shipping bid and offer are determined solely through interaction and agreement between the Shipper who placed the Load Item(s) for shipping bids and offers and the Carrier/Broker who  had the winning shipping bid and offer.  The transaction or exchange of money, payments, receivables, or proceeds for the shipping, trucking, hauling, transporting,  freight shipping, or freight transporting of Load Item(s) is made between Shipper and Carrier/Broker.  We are not acting as an employee, agent, representative, broker, dealer, associate broker, salesperson, freight broker, freight forwarder, motor carrier, freight carrier, freight transporter, hauler, trucker, marketing agency, or marketing agent of the Shipper who place the Load Item(s) for shipping bids and offers or the Carrier/Broker who had the winning bid and offer for the shipping of the Load Item(s) or for any user of our Site or Services.  We do not produce, handle, hold, ship, feed, process, distribute, transport, deliver, or take possession of any Load Item(s) at any time.  We do not collect, handle or remit any money, payments, checkoff fees, receivables or proceeds from any transaction that may occur between the Shipper who places Load Item(s) consisting of livestock, poultry, or any other animals for shipping bids and offers and the Carrier/Broker who had the winning shipping bid and offer for the transporting or hauling of Load Item(s) consisting of livestock, poultry or any other animals or for transactions which may occur between any users of our Site or Services concerning the sale, purchase, or transport of livestock, poultry, or any other animals.  We are not registered with the U.S. Department of Agriculture, Grain Inspection, Packers and Stockyards Administration Packers and Stockyards Program, pursuant to the provisions of the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.).  We are not bonded for the protection of the Shipper who placed the Load Item(s) for shipping bids and offers or for the protection of the Carrier/Broker who had the winning shipping bid and offer or for the protection of any user of our Site or Services.
    
11. Additional Shipper Indemnity.  In addition to the indemnification provisions set forth in the Terms of Use For FR8Star, you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all damages, costs, claims or liability (including reasonable attorneys’ fees) arising out of or resulting from (i) any breach of your representations, warranties or covenants set out in these Shipper Terms; (ii) hazardous or toxic materials, chemicals, explosive materials, gases, pollutants, contaminants, waste, leakage, asbestos, petroleum products, and any other type of condition or defect associated with Load Item(s) or contamination resulting from any leakage, spills, or malfunction of Load Item(s); (iii) deficiencies in the provision of documents required for the purpose of titling or registering any part of the Load Item(s) by any Shipper, Carrier/Broker or purchasers thereof; (iv) taxes or customs duties or check off fees payable in respect of, the Load Item(s) or any part thereof; (v) deficiency in compliance with any applicable hazardous materials, explosive materials, or environmental laws, rules, or regulations related to the Load Item(s); (vii) any deficiency in compliance with any laws, rules or regulations concerning consumer protection, privacy, or taxes related to your use of our Sites or Services and any transactions with other users; (viii) deficiency in compliance with any applicable manufacturer or government restrictions related to Load Item(s); (ix) any deficiency in compliance with any local, state, federal, and international laws, statutes, ordinances, rules, regulations licensing requirements/laws, reporting requirements/laws, bonding requirements/laws, import/export laws, customs requirements/laws, health requirements/laws, certification requirements/laws, nutrition requirements/laws, checkoff fee requirements/laws, production requirements/laws, and animal vaccinations requirements/laws applicable to the buying and selling, advertising, labeling, health, safety, care, production, feeding, watering, handling, holding, transport, shipping, delivery, receipt, and import/export of livestock, poultry, or any other animals including but not limited to cattle, bison, horses, mules, asses, burros, sheep, swine, hogs, goats, chickens, turkeys, ducks, geese or any other kinds of bovine or equine species or any other types of domestic fowl or poultry or any other types of specialty or alternative livestock; (x) any damage to or theft of Load Item(s); (xi) any injuries to any persons or property of any type, occurring or resulting from the transport, shipping, hauling, use or operation of any Load Item(s); and (xi) the User Posted Terms and/or Shipper Load Descriptions.
    
12. Conflicts.  In the event of a conflict between the provisions set forth in these Shipper Terms and the Terms of Use For FR8Star, the Terms of Use For FR8Star shall prevail.