Terms of Service
1. Platform Service
Cargo Availability ("Platform", "we", "us", or "our") operates as a marketplace and information exchange service only. We provide a platform to connect shippers, brokers, and carriers (collectively, "Users") for freight transportation opportunities.
2. No Contractual Relationship
IMPORTANT: Cargo Availability is NOT:
- A party to any transportation contract or agreement
- A broker, carrier, or shipper
- Responsible for any agreements made between Users
- A guarantor of any transaction, payment, or service
All messages, quotes, and communications exchanged through the Platform do not constitute binding contracts. Users must formalize all agreements independently and in compliance with applicable laws and regulations.
3. User Responsibilities
By using the Platform, you agree to:
- Verify Credentials: Independently verify the credentials, authority, insurance, and licensing of any party you transact with
- Independent Contracts: Execute proper contracts, rate confirmations, and documentation directly with other parties
- Compliance: Comply with all applicable federal, state, and local laws, including FMCSA regulations
- Due Diligence: Perform your own due diligence on all transactions
- Insurance: Maintain appropriate insurance coverage for your operations
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Cargo Availability assumes NO LIABILITY for any disputes, damages, losses, delays, or claims arising from transactions between Users
- We do not guarantee the accuracy, reliability, or completeness of any information posted by Users
- We are not responsible for fraud, misrepresentation, or breach of contract by any User
- Users release Cargo Availability from all claims related to transportation services, payments, cargo damage, or delivery issues
5. Broker and Carrier Authority
Users represent and warrant that they possess all necessary authority, licenses, and permits to operate in their respective capacity:
- Brokers: Valid FMCSA broker authority (MC number) and required surety bond
- Carriers: Valid FMCSA operating authority (MC/DOT numbers) and required insurance
- Shippers: Authority to contract for transportation services
Cargo Availability does not verify or guarantee the validity of any User's credentials.
6. Payment and Rates
All payment terms, rates, and financial arrangements are solely between the contracting parties. Cargo Availability:
- Does not process, guarantee, or facilitate payments
- Is not responsible for non-payment, late payment, or payment disputes
- Does not verify creditworthiness or financial stability of Users
- Recommends Users use credit checks, factoring, or other protective measures
7. Indemnification
You agree to indemnify, defend, and hold harmless Cargo Availability, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:
- Your use of the Platform
- Your transactions with other Users
- Your violation of these Terms
- Your violation of any law or regulation
8. Use at Your Own Risk
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. You use the Platform entirely at your own risk. We recommend:
- Conducting thorough background checks on all parties
- Using written contracts for all transactions
- Verifying insurance and authority before engaging services
- Consulting with legal and financial advisors as needed
9. Governing Law
These Terms are governed by the laws of the United States and the State of [Your State]. Any disputes shall be resolved in the courts of [Your County/State].
10. Contact Information
For questions about these Terms of Service, please contact us at: legal@cargoavailability.com
By using Cargo Availability, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.