Carrier/Broker User Terms

These Carrier/Broker User Terms (these “Carrier/Broker Terms”) govern your access to and use of our Services as a Carrier/Broker. The Services can be accessed through Fr8Star.com. These Carrier/Broker 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. Carrier/Broker Account Approval. Your account must be registered with and approved by us, in our sole discretion, before you can use our Services as a Carrier/Broker.  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). We are not the owner, seller or Shipper of the Load Item(s) on our Sites. We do not inspect Load Item(s); validate a Shipper’s ownership of or authority to sell or ship Load Item(s); guarantee, validate, verify, certify, or create Shipper posted route information, 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 the Shipper’s Load Item(s) (the “Shipper Load Descriptions”); or provide any representations or warranties concerning Load Item(s). Bidding and making offers on the transport, shipping, or hauling of the Load Item(s) is conducted at your own risk, and any resulting transaction regarding the transport, shipping or hauling of the Load Item(s) is solely between you and the Shipper. We do not supervise, direct, or control Shippers. You understand and agree that we will not be liable for any Load Item(s) that you make shipping bids and offers on, the acts or omissions of Shippers, Shipper Load Descriptions, or for any proposed or completed transactions between you and a Shipper. You understand and agree it is your responsibility to verify all claims of the Shipper and Shipper Load Descriptions. You acknowledge and agree that we are not a Shipper, carrier, freight broker, freight forwarder, motor carrier, freight carrier, freight transport company, hauler, trucker or trucking company.
   
   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 Shippers and Carriers/Brokers or users of our Site or Services are determined solely through Shipper and Carrier/Broker, user to user interaction and agreement. 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 any Shipper, Carrier/Broker, or 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 Shippers and Carriers/Brokers for the sale, purchase, or transport of livestock, poultry, or any other type of animals or any users of our Sites or Services concerning the sale, purchase, or transport of livestock, poultry, or any other type of 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 Shippers or Carriers/Brokers or any user of our Sites or Services.
3. Shipper Load Descriptions. Shipper Load Descriptions are separate from these Terms. You are solely responsible for reading and understanding any Shipper Load Descriptions prior to placing a shipping bid and offer on such Load Item(s). We do not create, review, validate, verify, negotiate, certify, or enforce Shipper Load Descriptions. If you do not agree to the applicable Shipper Load Descriptions or question its accuracy, then you should not place a shipping bid and offer on the Load Item(s).
4. Carrier/Broker Inspections. The Shipper Load Descriptions for Load Item(s) are determined by the Shipper and may be subject to change. Load Item(s) may be used and may contain defects. We do not inspect or confirm the condition of the Load Item(s). We do not verify or guarantee the accuracy of, or control, the information and details provided by Shippers concerning the Load Item(s) or the Shipper Load Descriptions. We do not guarantee that Shippers have or maintain proper bonds or any bonds which Shippers may be required to maintain pursuant to applicable laws, rules, and regulations including but not limited to bonds required by the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.) or any other laws requiring bonds for the sale of livestock or purchasing of livestock or other products. We also do not guarantee that Shippers have or maintain proper licenses, permits or registrations required by applicable laws , rules or regulation, or that Shippers comply with applicable laws, rules, or regulations. You should take appropriate steps to verify the accuracy of the Shipper Load Descriptions concerning the Load Item(s). You should also take appropriate steps to inspect or validate the condition of Load Item(s) prior to making a shipping bid and offer and receiving for transport or taking possession of the Load Item(s) for transport. We are not responsible for any errors or omissions in the content of any Shipper Load Descriptions or regarding any Load Item(s). We reserve the right, in our sole discretion, to (i) withdraw any Load Item(s) from our Services; (ii) amend the Shipper Load Descriptions or information regarding Load Item(s); or (iii) cancel any proposed bid for Load Item(s) that we deem to be suspicious or fraudulent and report such bid to applicable authorities.
5. User Posted Terms. You may post additional terms and conditions with your bid and offer for the transport and shipping made on Load Item(s) (“User Posted Terms”). User Posted Terms are between you and a Shipper and are separate from these Terms. You are solely responsible for creating, reviewing and understanding any User Posted Terms prior to placing such terms with your bid and offer to transport or ship a Listed Item(s). We do not prepare, review, negotiate, or enforce any User Posted Terms. We do not represent or guarantee that any User Posted Terms will be enforceable against a Shipper.
6. Service Access Subscription Packages, Costs and Fees. Access to the Services is by subscription, and costs and fees are determined in accordance with the packages, costs and fees published on our Sites, which may be amended from time to time by us. You acknowledge and agree it is your responsibility to review and understand the Services access subscription packages, costs and fees published on the Sites, and you acknowledge and agree it is your responsibility to monitor the Sites for such changes. You agree, should you have any questions concerning the access subscription packages, costs and fees for the Services, you will make every attempt to resolve the issue directly with us. You agree that you must also pay our then current fees for Load Item(s) awarded to you by the Shipper after making your shipping bid and offer on Load Item(s) through our Sites and/or Services. You agree that you must also pay any onboarding or re-onboarding fees.
7. Transportation, Environmental Status/Clean-up/Testing, and Risk of Loss. We are not responsible for the care, shipping, loading, transportation, delivery or risk of loss for any Load Item(s). We are not responsible for the risk of loss of Load item(s) due to injury or death of the Load Item(s) at any time. We are not responsible for the condition, encumbrances, liens, repairs, damage, environmental hazards, hazardous or toxic materials, chemicals, explosive materials, gas, pollutants, contaminants, waste, asbestos, petroleum products, leaks, spills, testing, or third-party interests that may exist on or in or pertain to any Load Item(s). Except as otherwise set forth in any User Posted Terms, the Carrier/Broker with the winning shipping bid and offer will be responsible for compliance with all laws and regulatory requirements applicable to the transportation of the Load Item(s) and the care, status, clean-up, and remediation, of the Load Item(s) during transportation. Except as otherwise set forth in any User Posted Terms, the Shipper will be responsible for all costs related to transporting the Load Item(s). These costs may include feeding, watering, dismantling, special handling, loading, transportation costs, and permits required to move the Load Item(s) to the Shipper’s desired location. You should confirm transportation, delivery and risk of loss information with the Shipper. Additionally, except as otherwise fully set forth in User Posted Terms, the Shipper will be responsible for obtaining and providing all health certificates, health documentation, and testing required for the shipment and transportation of the Load Item(s). Furthermore, except as otherwise fully set forth in User Posted Terms, the Shipper shall be responsible for complying with all health entry requirements for the Load Item(s) for the state of entry. In no event shall we have any responsibility for the transportation of Load Item(s) or for any risk of loss or liability related to Load Item(s) or for the condition, liens, leases, repairs, damage, environmental hazards, environmental remediation, hazardous or toxic materials, gases, pollutants, contaminants, waste, asbestos, petroleum products, explosive materials, leaks, spills, testing, and third-party interests that may exist on or pertain to Load Item(s).
8. Shipping Bids and Offers. You understand, acknowledge and agree that:
   • When you submit a shipping bid and offer as a Carrier/Broker using our Sites or Services, your shipping bid and offer will be forwarded to the Shipper and may be viewed by the Shipper . You may change your shipping bid and offer for a Load Item only one time prior to your shipping bid and offer being accepted by a Shipper. Once a Shipper accepts your shipping bid and offer for a Load Item, then your shipping bid and offer cannot be retracted. If the Shipper has accepted your shipping bid and offer on a Load item, then a Shipper may hold you legally obligated to complete the transaction and transport the Load item(s) unless the Shipper provided inaccurate Load Item dimensions or unless otherwise prohibited by law or regulation.
   • By using our Sites or Services to place a shipping bid and offer on Load Item(s), you grant us permission to share your information with Shippers, including, without limitation, your contact information (e.g., name, address, telephone, number, email address, name and contact information , etc.) and other information that you provide to us.
   • You may place a shipping bid and offer on Load Item(s) that you are allowed to access and view through our Site and Service. When you place a shipping bid and offer, the Shipper has the sole discretion to accept or reject any shipping bid and offer even if your shipping bid and offer is lower than other Carriers/Brokers who placed shipping bids and offers on the Load Item(s) or if your shipping bid and offer is the lowest shipping bid and offer made on Load Item(s).
   • Sandhills reserves the right to withdraw, postpone, or cancel any Load Item(s), in our sole discretion, with or without notice. We shall have no liability to you as a result of any withdrawal, postponement, or cancellation.
   • Sandhills reserves the right to void a shipping bid or offer that you place, whether your shipping bid and offer has been awarded or not, which we believe (i) has not been made in good faith and in accordance with these Terms; or (ii) is intended to manipulate our Services.
   • The Shipper is posting the Load Item(s) for shipping bid and offer, is requesting bids and offers for the shipping, hauling, and transport of posted Load Item(s), and makes 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).
   • Any User Posted Terms with your shipping bids and offers are legal and do not violate any applicable laws, rules, regulations.
   • We may, in our sole discretion, automatically post or submit any Listed Item(s) from our affiliated websites that serve the auction industry to the FR8Star load matching/load board platform for Carriers/Brokers to consider providing a shipping bid and offer or submit such Load Item(s) to specific Carriers/Brokers to provide a shipping bid and offer.  Listed Item(s) automatically posted to or submitted to Fr8Star from our affiliated websites are determined based on, including but not limited to, placing the highest bid on an item at auction hosted on our affiliated websites, price, range, category, and size.  By automatically posting or submitting Listed Item(s) and providing this information, we are in no way 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 any Shipper, Carrier/Broker, or user of our Sites or Services. 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).
   • We reserve the right, in our sole discretion, to determine which Carriers/Brokers are allowed to view or access any Load Item(s) and/or to place or provide shipping bids and offers on any Load Item(s) through our Site or Services.   We reserve the right, in our sole discretion, to refer any Load Item(s) to specific Carriers/Brokers to provide a bid and offer for shipment.  We may, in our sole discretion, allow shipping bids and offers on any Load Item(s) to only be made by select or specific Carriers/Brokers.
   • WE DO NOT GUARANTEE THAT BIDS PLACED WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.
9. Prohibited Carrier/Broker Conduct. Any deliberate attempt to artificially influence the transport, shipping or hauling price of any Load Item(s), directly or indirectly, including but not limited to bidding through a secondary account, agent, or representative, bidding on Load Item(s) that you may also be communicating with other Carriers/Brokers on, or shill bidding is expressly prohibited. You agree not to use our Load Information or our Sites or Services in competition with us, to develop competing products or services, to directly or indirectly compete with us, to gain a competitive advantage in relation to us, to market your products or services to Shippers, to bid on Load Item(s) outside of the FR8Star platform, or otherwise to our detriment or commercial disadvantage. You are responsible for, and agree to abide by, all applicable laws, rules and regulations concerning transportation of freight by motor vehicle, including laws, rules, and regulations governed by the United States Department of Transportation and the Federal Motor Carrier Safety Administration.
10. Additional Carrier/Broker 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 injuries to persons or property of any type, occurring during your or your agent's inspection of property or Load Item(s); (ii) your or your agent's presence at a Shipper’s site; (iii) any injuries to any persons or property of any type, occurring or resulting from your or your agent's transport, shipping, hauling, use or operation of any Load Item(s); (iv)  the sale or removal of any Load Item(s) (v) any damage to or theft of Load Item(s); (vi) 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; (vii) deficiency in compliance with any applicable manufacturer or government restrictions related to Load Item(s); (viii) any deficiency in compliance with any applicable hazardous or explosive material or environmental laws, rules, or regulations related to the shipping or transport of Load Item(s); (ix) any deficiency in compliance with any local, state, federal, and international laws, statutes, ordinances, rules, regulations, including laws, rules, and regulations governed by the United States Department of Transportation and the Federal Motor Carrier Safety Administration; and (x) your User Posted Terms.
11. Conflicts. In the event of a conflict between the provisions set forth in these Carrier/Broker Terms and the Terms of Use For FR8Star , the Terms of Use For FR8Star shall prevail.