Welcome to FreightDeck. These Terms of Service ("Terms") govern your access to and use of the FreightDeck software application, website, APIs, and related services (the "Service"), provided by FreightDeck LLC, a Delaware limited liability company ("FreightDeck," "we," "us"). By creating an account, entering payment information, or using the Service, you ("Subscriber," "you") agree to these Terms. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms. You must be at least eighteen (18) years old and legally capable of entering into a binding contract to use the Service. The Service is for commercial use only.
FreightDeck is a software tool that produces estimates and reference information to help transportation and logistics professionals plan and quote freight, including oversize/overweight ("OS/OW") loads and provides an information and sourcing tool that surfaces publicly available data (including U.S. DOT/FMCSA records) and carrier-submitted information, allowing users to organize and contact carriers. FreightDeck is not a broker, freight forwarder, carrier, or party to any shipment, contract, or transaction between users. We merely provide the venue; any agreement to tender, haul, or pay for freight is solely between you and the third party or Carrier. Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for internal business purposes while you are a paid Subscriber. The Service is intended solely as a decision-support and planning aid.
ALL OUTPUTS PROVIDED BY THE SERVICE ARE ESTIMATES FOR INFORMATIONAL AND PLANNING PURPOSES ONLY. This includes, without limitation, all pricing, freight rates, linehaul and fuel figures, permit costs and fees, escort/pilot-car and pole-car requirements, route surveys, superload determinations, axle and dimensional limits, weight limits, mileage, transit timelines, and any state, provincial, or federal regulatory data. Because transportation markets, permitting agencies, fuel costs, regulations, road conditions, and carrier pricing change frequently, FreightDeck cannot and does not guarantee that any estimate is accurate, complete, current, suitable for any specific shipment, accepted by any governmental authority, or accepted by any customer or carrier. Actual costs, permit fees, routing, escort requirements, transit times, mileage, and other transportation details may differ substantially from information produced by the Service.
Estimates are not quotes, bids, guarantees, or binding prices, and do not constitute an offer to transport, or professional, legal, engineering, or regulatory advice. FreightDeck generates estimates using algorithms, user-provided inputs, third-party information, and available public data that may be incomplete, outdated, delayed, or inaccurate. Rates, permit fees, and regulations change frequently and vary by jurisdiction, carrier, commodity, route, and conditions.
You are solely responsible for independently verifying every estimate — including all pricing, permit costs, escort requirements, and regulatory determinations — with the applicable carriers, state and provincial departments of transportation, permit services, and other authoritative sources before quoting, booking, dispatching, pricing, invoicing, or otherwise relying on any load or figure. Your use of any estimate is at your own risk. You acknowledge that failure to independently verify information may result in increased costs, regulatory penalties, delays, denied permits, or shipment failures, for which FreightDeck shall have no liability or responsibility. You further agree to provide accurate information, maintain appropriate insurance, and comply with applicable law and regulations.
The Service does not constitute legal, engineering, permitting, transportation, tax, insurance, safety, or regulatory advice. You remain solely responsible for determining: Legal routes; permit requirements; escort requirements; weight and dimension compliance; bridge and roadway restrictions; local, state, provincial, and federal regulations; applicable carrier requirements; customer pricing; and final freight quotes. No outputs from the Service should be relied upon as the sole basis for transportation or regulatory compliance.
This Agreement shall commence when you initially purchase the Service and shall continue in full force and effect for an initial period of one (1) year (the "Initial Term"), unless terminated earlier in accordance with this Agreement.
Paid features require an active subscription. Subscription fees vary depending on the type of subscription. Current fees are provided on the website (thefreightdeck.com/pricing) and may be changed at any time in accordance with Section 5(d). You authorize FreightDeck and its processor (Stripe) to charge your payment method each period. Promotional and "Founding Member" pricing and referral credits are promotional, may be time-limited and non-transferable, and may be modified or discontinued at our discretion. Fees exclude taxes, which are your responsibility. Fees are non-refundable except where required by applicable law or expressly stated otherwise.
Upon the expiration of the Initial Term, this Agreement shall automatically renew for successive, consecutive periods of one (1) year (each a "Renewal Term", and together with the Initial Term, the "Term"), unless either party provides written notice via email of non-renewal to the other party at least thirty (30) days prior to the expiration of the then-current Initial Term or Renewal Term. Time is of the essence with respect to the delivery of any notice of non-renewal under this Section 5(c).
The fees applicable during any Renewal Term shall be at the FreightDeck's then-current standard rates; provided, however, that FreightDeck shall provide you with written notice via email of any price increase at least sixty (60) days prior to the commencement of the applicable Renewal Term. If you do not agree to such price increase, your sole remedy shall be to provide a notice of non-renewal in accordance with Section 5(c) above. Your continued use after a change in pricing is acceptance.
Any notice of non-renewal under this Section must be delivered in writing via email to support@thefreightdeck.com and shall be deemed effective only upon actual receipt by the non-terminating party.
Notwithstanding anything to the contrary in this Agreement, if you are located in a jurisdiction that requires mandatory statutory disclosures or renewal reminders for commercial agreements, FreightDeck shall provide such notices in accordance with the minimum requirements of applicable law. If you are a resident of, or have your principal place of business in, a state whose laws strictly prohibit the waiver of consumer automatic renewal protections, and a court of competent jurisdiction determines that you qualify as a consumer despite the commercial eligibility restrictions herein, the renewal terms shall automatically modify to conform to the minimum consumer protection mandates of that jurisdiction.
FreightDeck will use commercially reasonable efforts to make the Services available to you during the applicable subscription term. The Services may be temporarily unavailable from time to time due to scheduled maintenance, emergency maintenance, service updates, or circumstances beyond FreightDeck’s reasonable control. FreightDeck will use commercially reasonable efforts to provide advance notice of scheduled maintenance or other anticipated unavailability when reasonably practicable. Except to the extent expressly provided otherwise in this Agreement, FreightDeck will not be responsible or liable for any unavailability, interruption, delay, or degradation of the Services resulting from such circumstances.
You agree not to: Resell or sublicense the Service except as permitted; scrape, harvest, or bulk-extract data; reverse-engineer or copy the Service or its data compilations; share credentials or exceed licensed seats; use the Service unlawfully; interfere with or overburden the Service; circumvent security measures; upload malicious code; or misrepresent estimates as FreightDeck-guaranteed prices to third parties. You are responsible for your account and all activity under it; accounts may be suspended or terminated for violations.
FreightDeck and its licensors own all right, title, and interest in the Service, including software, algorithms, interfaces, databases, designs, trademarks, and the compilation and presentation of data. These Terms grant only a limited, non-exclusive, non-transferable, revocable license to use the Service. Feedback you provide may be used by us without restriction or compensation. No ownership rights are transferred.
You retain ownership of content you submit (e.g., bills of lading, load details) and grant FreightDeck a license to host and process it to provide and improve the Service. You represent you have the right to submit it. Personal data is handled under our Privacy Policy.
You are responsible for: Maintaining the confidentiality of your login credentials; all activities occurring under your account; and promptly notifying FreightDeck of any unauthorized account access. You are responsible for maintaining the security of your systems, networks, devices, accounts, credentials, and environment used to access or interact with the Services. You must implement and maintain reasonable and appropriate administrative, technical, physical, and organizational safeguards designed to protect your systems and data from unauthorized access, use, disclosure, alteration, loss, destruction, or compromise.
You acknowledge that FreightDeck cannot control the security of your systems, networks, devices, users, or environment. To the fullest extent permitted by applicable law, FreightDeck will not be responsible or liable for any loss, damage, unauthorized access, disclosure, or compromise resulting from your failure to implement or maintain appropriate security measures, your security configuration or administration of the Services, compromised credentials, unauthorized access through your account, or the acts or omissions of users.
FreightDeck does not have an obligation to publish, monitor, review, verify, or independently authenticate content, data, documentation, or other information submitted, posted, or made available by users or other third parties (“Third-Party Content”). FreightDeck may, but is not obligated to, monitor or review Third-Party Content and may remove or restrict access to Third-Party Content in its discretion.
Your access to and use of Third-Party Content is at your own risk. FreightDeck does not endorse, sponsor, adopt, or assume responsibility for any opinions, statements, representations, recommendations, or other content expressed or provided by the author or source of any Third-Party Content. Third-party sources may provide information that is inaccurate, incomplete, outdated, delayed, misleading, or otherwise unreliable, and FreightDeck does not represent or warrant that Third-Party Content is accurate, complete, current, reliable, or suitable for any particular purpose.
Third-Party Content is provided for informational purposes only and should not be relied upon as a substitute for Your own independent investigation, verification, diligence, or professional judgment. You are solely responsible for evaluating Third-Party Content and for any business, operational, financial, or other decisions You make based in whole or in part on such content.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT FREIGHTDECK WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, CLAIM, OR EXPENSE ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR RELIANCE ON THIRD-PARTY CONTENT OR ANY ACTION OR DECISION YOU TAKE BASED ON SUCH CONTENT. Nothing in this Section limits any rights or remedies that cannot lawfully be waived or excluded under applicable law.
The Services may contain links to, integrate with, or provide access to third-party websites, applications, software, platforms, data sources, products, or services (“Third-Party Services”). Your use of any Third-Party Service may be subject to the third party’s separate terms of service, license terms, privacy policy, and other applicable terms. Those terms govern your relationship with the applicable third party with respect to its services and information.
FreightDeck does not control, operate, or assume responsibility for Third-Party Services or for their content, functionality, availability, security, accuracy, reliability, performance, or privacy practices. FreightDeck does not endorse or guarantee any Third-Party Service or any product, service, information, or content made available through or in connection with a Third-Party Service.
To the fullest extent permitted by applicable law, FreightDeck will not be responsible or liable for any loss, damage, claim, or expense arising out of or relating to your access to, use of, reliance on, or inability to access or use any Third-Party Service, including any third-party content, products, services, data, privacy practices, security practices, errors, omissions, interruptions, or changes to such Third-Party Service.
You are responsible for reviewing and complying with the applicable terms, conditions, and privacy policies governing any Third-Party Service You access or use. FreightDeck may discontinue, modify, or restrict access to any integration or Third-Party Service at any time, including where the applicable third party changes, discontinues, or restricts its service or integration.
To the fullest extent permitted by applicable law, we do not warrant or guarantee that any information made available through the Services, is accurate, complete, current, reliable, or suitable for any particular purpose. The Services are provided on an “as is” and “as available” basis.
We do not independently determine, certify, or guarantee the safety, regulatory compliance, operating authority, insurance coverage, credentials, or legal status of any person, entity, carrier, broker, shipper, product, or transaction. To the extent the Services display or otherwise provide safety, insurance, authority, credential, or similar information, such information may be obtained from third-party sources, including government records, insurance providers or agents, and other third-party data sources. We do not guarantee the accuracy, completeness, timeliness, or reliability of information obtained from such sources.
The Services are provided as an informational tool and are not a substitute for your own investigation, verification, judgment, or compliance obligations. You are solely responsible for independently verifying the credentials, authority, insurance coverage, safety records, licensing, regulatory status, and other qualifications of any person or entity with whom you conduct business, as well as the legality and suitability of any transaction.
We may provide an online platform or venue through which brokers, carriers, shippers, and other users may offer, purchase, sell, or otherwise transact services. We are not a party to, and do not control or assume responsibility for, any transaction between users or other third parties. We do not guarantee the performance, safety, legality, quality, suitability, or completion of any transaction, product, or service offered by any third party. Any transaction or reliance on information made available through the Services is undertaken at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS ARISING FROM OR RELATED TO THE SERVICES, INCLUDING ANY WARRANTIES ARISING BY LAW, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THIS AGREEMENT.
WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, QUALITY, AND ANY WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT. FREIGHTDECK FURTHER DISCLAIMS ANY WARRANTY THAT ANY ESTIMATE, INCLUDING PRICING, PERMIT COSTS, ESCORT REQUIREMENTS, OR REGULATORY DATA, IS ACCURATE, CURRENT, COMPLETE, OR SUITABLE FOR ANY PURPOSE. THIS DISCLAIMER INCLUDES, WITHOUT LIMITATION, ANY DATA, INFORMATION, OUTPUT, OR OTHER CONTENT GENERATED, PROCESSED, OR PROVIDED BY ARTIFICIAL INTELLIGENCE TOOLS OR OTHER AUTOMATED SYSTEMS.
WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, SECURE, UNINTERRUPTED, ERROR-FREE, OR FREE OF DEFECTS, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE PRODUCTS WILL GENERATE ANY PARTICULAR RESULTS OR WILL OPERATE OR INTEROPERATE WITH ANY OTHER PRODUCT, SERVICE, SOFTWARE, HARDWARE, SYSTEM, OR COMPONENT, WHETHER INTEGRATED OR OTHERWISE.
WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE DESIGN, SALE, OPERATION, PERFORMANCE, OR USE OF ANY SERVICES OR THIRD-PARTY SERVICE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES.
To the maximum extent permitted by law, FreightDeck and its owners, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits or revenue, loss of business, loss of goodwill, loss of data, lost or mispriced loads, underquoted or overquoted freight, freight charges, permit fines or penalties, regulatory fines or violations, delays, or business interruption, arising out of or relating to the Service or any estimate, even if advised of the possibility. FreightDeck’s total aggregate liability shall not exceed the greater of (a) the amount you paid FreightDeck in the twelve (12) months preceding the claim, or (b) $1,000.00. You acknowledge that estimates may be wrong or changed and that you are solely responsible for verifying figures before relying on them. These limitations are a fundamental basis of the bargain and apply even if a remedy fails of its essential purpose.
FreightDeck provides technology and related services that facilitate interactions among users but does not act as a transportation broker, motor carrier, freight forwarder, or other intermediary responsible for arranging or performing the transportation of freight. FreightDeck does not arrange, undertake, or assume responsibility for the transportation of freight on your behalf.
You acknowledge and agree that all agreements, terms, and conditions relating to any transaction or movement of freight between you and any third party, including, without limitation, broker-carrier agreements, rates, pricing, payment terms, delivery terms, and other commercial terms, are solely between you and the applicable third party. FreightDeck is not a party to such agreements and does not assume responsibility for the performance, acts, omissions, or obligations of any party to such transactions.
FreightDeck does not conduct independent audits, inspections, investigations, or evaluations of users or other third parties and does not represent or warrant the safety, quality, qualifications, suitability, regulatory compliance, accident history, vehicle history, criminal or civil history, creditworthiness, financial condition, experience, or other characteristics or qualifications of any third party, including any carrier, customer, broker, or other user of the Services. You acknowledge and agree that FreightDeck has no duty to conduct, and does not undertake to conduct, any such investigation, audit, inspection, or evaluation.
The Services may rely, in whole or in part, on documentation, representations, records, or other information submitted or provided by carriers, customers, users, or third-parties, including operating-authority records, certificates of insurance, credentials, and other supporting documentation. FreightDeck does not independently verify or authenticate the accuracy, completeness, validity, ownership, or genuineness of all such documentation or information. To the fullest extent permitted by applicable law, FreightDeck will not be responsible or liable for any loss, damage, claim, or expense arising from or relating to fraudulent, falsified, altered, stolen, misappropriated, expired, or otherwise inaccurate documentation, credentials, or information submitted or provided by any carrier, customer, user, or person purporting to act on their behalf.
Certain Services may use algorithms, automated processes, artificial intelligence, or other technology to suggest, rank, match, filter, or otherwise present potential carriers, customers, loads, rates, or other information for your consideration. Any such output is provided solely as an informational tool to assist you in evaluating potential options. It does not constitute a recommendation, advice, determination, certification, or endorsement by FreightDeck, and it is not intended to establish or guarantee the suitability, safety, reliability, qualifications, legitimacy, availability, pricing, or performance of any person, entity, load, rate, or transaction. Such output may be based on incomplete, outdated, inaccurate, or third-party information and should not be relied upon as a substitute for your own independent investigation and due diligence.
You are solely responsible for evaluating the information provided through the Services and for determining whether, and on what terms, to enter into any transaction or engage with any carrier or other third party. You are also solely responsible for independently verifying any information that is material to your decision, including applicable authority, licensing, insurance, safety, identity, credentials, financial terms, and other qualifications.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES AND WITH ANY TRANSACTION OR INTERACTION WITH ANY OTHER USER OR THIRD PARTY, INCLUDING RISKS ARISING FROM OR RELATING TO THE ACTS OR OMISSIONS OF OTHER USERS OR THIRD PARTIES AND FROM YOUR RELIANCE ON ANY CONTENT, MATERIALS, DOCUMENTATION, DATA, INFORMATION, OR OUTPUT MADE AVAILABLE THROUGH THE SERVICES.
By creating, claiming, accessing, or maintaining a Carrier profile on FreightDeck, you represent and warrant that you are the Carrier identified in the profile or are duly authorized by and acting on behalf of that Carrier. You further represent and warrant that all information, data, documents, certifications, representations, and other materials you provide to FreightDeck, whether directly or through the Services, are true, accurate, complete, current, and not misleading, and that you have the legal right and authority to provide such information and documents to FreightDeck.
You are solely responsible for the accuracy and completeness of all information associated with Your Carrier profile and for promptly reviewing and updating such information whenever it changes or becomes inaccurate, incomplete, outdated, or misleading. You agree to promptly notify FreightDeck if you discover that any information or documentation you have provided is inaccurate, incomplete, outdated, unauthorized, fraudulent, or otherwise misleading.
FreightDeck may display information obtained from the Federal Motor Carrier Safety Administration (“FMCSA”), including FMCSA-registered contact information, as the primary contact information associated with a Carrier. Any additional contact information, representations, certifications, documents, or other information submitted by you or another user on behalf of a Carrier may be identified as carrier-submitted information and should not be understood as having been independently verified or authenticated by FreightDeck.
You agree that any material misrepresentation, fraudulent submission, unauthorized profile claim, impersonation, or submission of falsified or misappropriated documentation constitutes a material violation of these Terms and may result in immediate suspension or termination of Your account and other remedies available to FreightDeck under applicable law.
FreightDeck may modify, improve, discontinue, or replace any part of the Service at any time without liability.
You agree to indemnify, defend, and hold harmless FreightDeck and its officers, members, employees, directors, contractors, affiliates, and agents from any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to: (a) your use of the Service or any estimate; (b) your quotes, bookings, pricing, or dealings with your customers or carriers; (c) your dealings or transactions with any Carrier or other user; (d) your violation of these Terms or any applicable law; (e) your content; your transportation operations; (f) your fraud, negligence, violation of law, or willful misconduct; and (g) your reliance on information provided by the Service. This obligation survives termination, and you will not settle any claim against FreightDeck without our written consent.
These Terms apply while you have an account or use the Service. Sections that by their nature should survive (including Estimates Only, Intellectual Property, Warranty Disclaimer, Limitation of Liability, and Indemnification), shall survive termination.
You may terminate the Service at any time. Your access continues through the end of the current paid period. Any fees already paid are non-refundable except where required by applicable law or expressly stated otherwise.
FreightDeck may suspend or terminate your account at any time if: You violate these Terms; your use threatens system security; you do not pay your subscription fee; required by law; or necessary to protect FreightDeck or other users. Termination does not relieve your payment obligations accrued before termination.
FreightDeck may modify these Terms from time to time. Updated Terms become effective upon posting unless otherwise stated. Your continued use of the Service constitutes acceptance.
FreightDeck shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, governmental actions, cyber-attacks, internet failures, labor disputes, utility outages, pandemics, acts of war, or failures of third-party service providers.
Except as set forth in the Dispute Resolution Section herein, all matters relating to the Service and these Terms 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 Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Unless you and FreightDeck agree otherwise in writing, YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.
These provisions, except as otherwise provided in the Arbitration Agreement of these Terms, are only intended to specify the use of Delaware law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Delaware law to you if you do not otherwise reside in Delaware. The foregoing choice of law and forum selection provisions do not apply to the Arbitration Agreement or to any arbitrable disputes as defined therein. Instead, the Federal Arbitration Act shall apply to any such disputes.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against FreightDeck on an individual basis in arbitration, as set forth in this Arbitration Agreement. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. This will preclude you from bringing any class, collective, or representative action against FreightDeck, and preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against FreightDeck by someone else.
You and FreightDeck agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Service at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and FreightDeck, and not in a court of law.
You acknowledge and agree that you and FreightDeck are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and FreightDeck otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and FreightDeck each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Delaware.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Delaware and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Unless you and FreightDeck otherwise agree, resolution of any and all disputes will be conducted in Jefferson County, Alabama, U.S.A., which shall have jurisdiction over such disputes and over Users. YOU WAIVE ANY AND ALL OBJECTIONS TO VENUE AND TO THE EXERCISE OF JURISDICTION OVER YOU.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
Notwithstanding the provisions above, regarding consent to be bound by amendments to these Terms, if FreightDeck changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing FreightDeck written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our office, 2301 1st Avenue North, Suite 102, Birmingham, Alabama 35203, or (b) by email from the email address associated with your Account to: support@thefreightdeck.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and FreightDeck in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Your use of the Service is also governed by FreightDeck's Privacy Policy, which is incorporated into these Terms by reference.
These Terms and the referenced policies are the entire agreement between you and FreightDeck regarding the Service and supersede all prior agreements or understandings relating to the Service. If any provision is unenforceable, the rest remains in full force and effect. FreightDeck may assign these Terms without your consent. You may not assign these Terms without FreightDeck’s written consent.
Email: support@thefreightdeck.com
Mailing Address: 2301 1st Avenue North, Suite 102, Birmingham, Alabama 35203