Fr8Bukyn Terms of Use

These Terms of use, and the Service Agreements (“Terms”) govern You the user’s (“You” or “User”) access and use of the application, website, content and services (collectively, the “Services”) provided by FR8BUKYN, LLC (“Fr8Bukyn”, “We”, “Us”, or “Our”).

IF YOU DO NOT AGREE TO ABIDE TO THIS AGREEMENT, YOU SHOULD DECLINE THE USE OF OUR SERVICES.

Definitions.

    1. 1.1. “Fr8Bukyn” means FR8BUKYN, LLC and/or its subsidiaries and affiliates.
    2. “Shipper” A Shipper, is defined by 49 USC §13102(13) and uses the FR8BUKYN Market place for the transportation of their cargo.
    3. 1.2. “Carrier” A motor carrier is defined by 49 USC §13102(14) with authority issued by the federal and applicable state governments to haul cargo for hire. All motor carrier who uses the FR8BUKYN services is solely responsible for screening, selecting, hiring, training, supervising, managing, assigning, and dispatching its drivers, as well as for the inspection and maintenance of its motor vehicle equipment and accessories. A Carrier act as an independent contractor and maintains sole control over the methods and results by which it performs cargo transportation services, and retains the sole duty to provide, maintain, manage and control the equipment, personnel, and expertise required in transporting cargo.
    4. 1.3. “Contents” This means any information, data, text, messages or other material You display, submit or transmit through an Application or the Services. With respect to Your Content, you allow the Fr8Bukyn and its affiliates to use Content in connection with the operations of the Fr8Bukyn, including a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. No compensation will be provided for any User Content. You also consent that Fr8Bukyn may publish or otherwise disclose your name regarding your Content. In addition, drivers will be asked to provide status updates on each shipment allowing location data to be tracked from their mobile device when using the Services.
  1. 1.4. The Services. Freight services are provided by FR8BUKYN, LLC a licensed broker as defined by 49 U.S.C. §13102 (12) operating under FMCSA MC-1178330. FR8BUKYN provides its services through its mobile application and website, whereby shippers can sign up to quote and book shipments on the platform. And through which shipment can be tracked from Pickup to Dropoff location, available shipments are accessible to carriers through our load board, for them to search & book preferred loads. FR8BUKYN’s responsibility under the Agreement shall be limited to arranging for, but not actually performing, transportation of Customer’s freight (the “Freight Services”).
  2. 2. Freight Tendering. Customer is not limited to tendering loads to other freight brokers, freight forwarders, third-party logistics providers or directly to any motor carriers, FR8BUKYN agrees to arrange for the transportation of customer shipments.
  3. 3. Payments. The shipper is responsible for freights payment quoted at the time of booking the shipment, as well as any accessorial charges. Carrier is solely responsible for any tax obligation in its jurisdiction from the use of the services.
  4. 4. Surety Bond. FR8BUKYN agrees to maintain, at all times a surety bond or trust fund agreement as required by the Federal Motor Carrier Safety Administration (the “FMCSA”) in the amount of $75,000 or as otherwise required by the FMCSA and furnish Customer with proof upon request.
  5. 5. Use of Software. The software or app that you download from our website is licensed to you by Fr8Bukyn for your use only and cannot be sold, redistributed, or reproduced, nor may it be decompiled, reverse-engineered, disassembled, or otherwise converted. Fr8Bukyn does not transfer either the title or the intellectual property rights to the Software along with trademarks and logos which are owned by Fr8Bukyn or its licensors and may not be copied or used in any manner without prior express written consent of Fr8Bukyn. Any rights not expressly granted herein are reserved by Fr8Bukyn.
  6. 6. User Content. Posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content to the Site or Service, you allow the Fr8Bukyn and its affiliates to use User Content in connection with the operations of the Fr8Bukyn, including a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. No compensation will be provided for any User Content. You also consent that Fr8Bukyn may publish or otherwise disclose your name regarding your Content.
  7. 7. Intellectual Property Laws. Your usage of our Services is governed by and subject to laws of copyright ownership and use of intellectual property.
  8. 8. Inappropriate content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Fr8Bukyn reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, to delete any such material from its servers and take legal action if necessary.
  9. 9. Location Data and Sharing. When access the Fr8Bukyn App, we request your permission to track and obtain Your geographical location of your mobile phone. By obtaining latitude/longitude coordinates including but not limited to GPS at various points in time on the Fr8Bukyn App. We use such Location Data to track shipments, provide shipment updates to Our customers and carriers to enable them to track the movement of assigned shipment to their drivers or owner operators. We will use your location data to determine the ETA and the status of cargo been transported throughout the shipment time. Also, your Location data will be used to detect any detention at the Pickup or drop-off location, at any time you qualify for a detention, you shall be able to make request directly from the mobile app. Your Location Data will not be shared with any other parties or used for any other purpose than as specified herein or as further specified the Privacy Policy, except to (a) third party service providers that We retain to assist in providing the Location Services or the Services; (b) where required by law or court or administrative order or in response to legal process (such as a subpoena) and (c) to enforce these Location Service Terms. We may also disclose or use Location Data in an aggregated and/or anonymized form for research, product development and marketing purposes.
  10. 10. No Warranties. No warranty is extended by the Fr8Bukyn with regards to the use of this website or availability of service. You are solely responsible for any damage or loss.
  11. 11. Limited Liability. FR8BUKYN’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM extent permitted by law, in no event shall Fr8Bukyn be liable for damages of any kind
  12. 12. Dispute Resolution / Arbitration. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Fr8Bukyn. You acknowledge and agree that you and Fr8Bukyn are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding.
  13. 13. Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Service, or misuse or abuse the website, app or our service in any way.
  14. 14. Indemnity. You agree to indemnify Fr8Bukyn for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Fr8Bukyn, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Fr8Bukyn will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  15. 15. Additional Provisions. FR8BUKYN LLC IS NOT A MOTOR CARRIER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT OR DOCUMENT SHALL BE CONSTRUED TO IMPLY FR8BUKYN IS A MOTOR CARRIER.
  16. 16. Additional Provisions. FR8BUKYN LLC IS NOT A MOTOR CARRIER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT OR DOCUMENT SHALL BE CONSTRUED TO IMPLY FR8BUKYN IS A MOTOR CARRIER.
    Fr8Bukyn LLC is a federally licensed freight broker as defined by 49 USC §13102(2) under authority granted by the Federal Motor Carrier Safety Administration of the U.S. Department of Transportation (USDOT 3535167).
  17. 17. Governing law These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Georgia, without reference to their rules regarding conflicts of law.
  18. 18. Modifications Fr8Bukyn may, in its sole discretion and without prior notice, (a) revise these Terms of Use; discontinue the Site and/or Service at any time. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.