Terms & Conditions

The term "FreightBadger.com, Inc.," "us" or "we," refers to the owner of the website. The term "you," "user" or "customer" refers to the user or viewer of this website.

Freight Services/Solutions are defined as Ground Freight (Full Truckload & Less-Than-Truckload (LTL)), Rail Freight, Ocean Freight and Air Freight.

The terms Transloading, Drop Shipping and Warehousing are abbreviated as TDW.

FreightBadger.com is licensed by the United States Department of Transportation (USDOT) and the Federal Motor Carrier Safety Administration (FMSCA) as required by law.

By accessing our website, you are agreeing to be bound by the Terms and Conditions contained herein, all applicable laws and regulations as dictated by your state of residence, and agree that you are responsible for compliance with any and all applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained within this website are protected by all applicable copyright, patent and trademark laws.

These Terms and Conditions may not be altered by any agent, employee, or any other party other than designated and duly authorized individuals of FreightBadger.com. FreightBadger.com may revise or update these Terms and Conditions at any time without notice. By using this website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.

By using our Freight and TDW services, you warrant that you are registered and in compliance with the security plan and training requirements and any amendments related thereto, related to hazardous materials, 49 C.F.R. #172.701-704 and 49 C.F.R. #172.800-804. You also warrant that you will immediately advise FreightBadger.com if your status regarding the compliance with these regulations expires or is terminated. You agree to furnish any information and documentation as necessary to establish your compliance with these laws, rules and regulations. FreightBadger.com assumes no liability to you or to any other person for any loss or expense due to your compliance, or failure of compliance with this provision.

FreightBadger.com is not a Freight Carrier or a TDW Company nor is an agent for any Freight Carriers or TDW Companies. FreightBadger.com is strictly a 3rd Party Freight Services/Solutions Logistics and TDW Company. FreightBadger.com reserves the right to refuse any service at any time.

The materials on FreightBadger.com are provided "as is." FreightBadger.com makes no warranties, express or implied, and does not guarantee the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website. FreightBadger.com disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. By using this website, you acknowledge that information found on this website and/or garnered through 3rd parties associated with this website may contain inaccuracies or errors and we exclude liability for any inaccuracies or errors as a result. The materials appearing on FreightBadger.com could include technical, typographical or photographic errors. FreightBadger.com does not warrant that any of the materials on its website are accurate, complete or current. FreightBadger.com may make changes to the materials contained on its website at any time without notice. FreightBadger.com strives to provide quality content, but does not make any commitment to update the materials. Use of any information, materials or services on this website is at your own risk and as a direct result we will not be held liable. It is your responsibility to ensure that any products, services or information available through our website meet your specific requirements and needs.

FreightBadger.com is committed to helping you meet your needs by providing information and/or external links to other websites for ease and convenience. FreightBadger.com has not reviewed all of the information or sites/companies linked to its website and is not responsible for any such content. The inclusion of a link or referral of a company does not imply endorsement by FreightBadger.com nor do we warrant or make any representations concerning the accuracy, likely results or reliability of the use of the materials relating to such materials or on any sites or companies linked to FreightBadger.com. Use of any such website(s) or companies is at the risk of the user.

FreightBadger.com contains content on its pages that is for your general information and use only. Permission is granted to use this website with a realistic and reasonable expectation of responsibility, decency and good-intention as a medium to use our services to meet your needs as it pertains to the services that we provide. This is a grant of a license, not a transfer of title and under this license you may not:

• Modify or copy the materials.
• Use the materials for any other purpose for which it was otherwise implied or intended to be used.
• Attempt to decompile or reverse engineer any software, materials or business processes contained on FreightBadger.com
• Remove, copy, or modify any copyrighted or other proprietary notations.
• Transfer the materials to another person or "mirror" the materials on any other server.
• Use this website as a medium in any way to convey or transmit inappropriate or offensive content as well as transmit unsolicited or unauthorized advertising and content.
• Attempt to use our website in a manner that could damage, disable, overburden or impair the functionality or availability of our website.
• Attempt to gain unauthorized access to the FreightBadger.com service, other accounts, computer systems or networks connected to the FreightBadger.com service through clandestine or malicious means.
• Create a false or misleading identity, falsely state or misrepresent your identity or affiliation with a person or entity.

Your account and use will be terminated if you violate any of these restrictions. Moreover, FreightBadger.com reserves the right to terminate your account at any time without notice.

Your privacy is very important to us. Accordingly, we have developed this Policy in order to help you understand how we collect, use, communicate, disclose and make use of personal information. The following outlines our privacy policy:

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data collected should be relevant to the purposes for which it is to be used and to the extent necessary for those purposes, should be accurate, complete and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will not sell, share, distribute or lease your personal information disclosed on our site unless we have your permission or are required to do so by law. We will make information readily available to customers about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Any claim relating to FreightBadger.com shall be governed by the laws of the State of California without regard to its conflict of law provisions; as a direct result all parties consent to the jurisdiction of the State California for all legal proceedings with regard to FreightBadger.com

a. Website

In no event shall FreightBadger.com or its 3rd party associates be held liable for any damage (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on FreightBadger.com, even if FreightBadger.com or a FreightBadger.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Under no circumstances will FreightBadger.com be held liable or responsible for any delay or failure in performance resulting directly or indirectly including without limitations, forces or causes beyond reasonable control that directly and indirectly affect our service ability or the performance of 3rd parties as mediated and contracted or arranged by our website

FreightBadger.com shall not be held responsible nor be held liable for our website being temporary unavailable due to technical issues beyond our control. We will alert all users in a timely manner of all scheduled maintenance that will affect website availability. FreightBadger.com is not responsible for the connection, access or quality of the transmission that passes from you to our website. It is the responsibility of the user to possess adequate internet service in order to use FreightBadger.com

b. Freight Services

FreightBadger.com relies on the Freight Carrier's General Rules Tariff which determines the standard liability cargo insurance coverage offered by all carriers. If the shipment contains Freight with a pre-determined exception value, as determined by the selected carrier, the maximum exception liability will override the standard liability coverage. As set forth by the carrier, the maximum cargo liability for new goods on a truckload shipment is $100,000 and $10 per pound for an LTL shipment. The maximum cargo liability for used or re-sold goods is no more than $0.10 per pound for all shipments. FreightBadger.com will not be held responsible for any claims arising out of Customer negligence, Carrier's negligence or the negligence of any 3rd Party. FreightBadger.com offers additional 3rd Party Freight Insurance for purchase to protect your shipment against loss, theft or other unforeseen circumstances that is included into your Freight Quote if selected. FreightBadger.com is not an Insurance Company and by purchasing this insurance you will not hold FreightBadger.com liable

All transit times are estimated and do not include the day of pickup. Pickup dates are not guaranteed. If services have not been rendered as coordinated or needs to be re-scheduled, please contact FreightBadger.com immediately to re-schedule your Freight Service. FreightBadger.com is not liable for missed pickups' or for failure of services as we are not the actual Freight Carrier or TDW Company. As a result, you acknowledge that FreightBadger.com is not the actual carrier and will not refuse FreightBadger.com payment for any reasons relating to disputes with carriers.

All delivery times are considered estimates only, unless Guaranteed Service is specifically selected during the Freight Quote process and agreed upon by the individual carrier. Cargo or shipments that are not delivered on-time as specified by the Bill of Lading and explicitly established during the Freight Quote process will not be considered a service failure if the reasons for the delay in delivery are beyond the reasonable control of the Freight Carrier. These reasons include, but are not limited to: Acts of omission by: shipper, consignee, owner of goods or public authority, shipments not accepted by the consignee when offered for delivery, delays due to customs clearance or documentation required for movement of shipment or cargo, closure of Federal, State, City or local roads, streets, or highways, Acts of God, war, riots, weather, equipment failures, electrical outages, labor disputes and strikes.

If the Freight Carrier fails to render the services as agreed upon, the Customer has 30-days from the date of delivery to submit a claim to FreightBadger.com. If FreightBadger.com does not receive a claim within 30-days from the date of delivery, the service will be considered satisfactorily rendered, and no claim thereafter will be honored. At the time of delivery the consignee is responsible for inspecting and annotating any damage, loss or theft on the delivery bill prior to the departure of the driver. If concealed damages are discovered after the driver has departed the delivery location, the Customer must note and report the damages to FreightBadger.com within 3 business days of the delivery. If FreightBadger.com does not receive a claim within 3 business days from the date of delivery, the claim will not be honored. If such a situation should occur, the Customer will not hold FreightBadger.com liable as we are not the Freight Carrier. FreightBadger.com will process all claims in accordance with 49 C.F.R. 370. The liability for any cargo damage, loss, or theft from any cause shall be determined using the Carmack Amendment, 49 U.S.C. 14706. In these cases, we will submit the claim on your behalf, but we are unable to guarantee the results.

c. Transloading, Drop Shipping, Warehousing (TDW) Services

FreightBadger.com offers free quotes on Transloading, Drop Shipping and Warehousing (TDW) Services. Due to the complexity and specificity required by these customers, we have created a separate process to address the complexities of these services. All TDW Services negotiated and coordinated through FreighBadger.com will be bound by the terms and agreements of the contract negotiated by the TDW Company. As a result, FreightBadger.com will not be held responsible or liable for these services as we are not a TDW Company.

All Bills of Lading are NON-NEGOTIABLE. You are responsible for the accuracy of the information you provide during the Freight Quote process for the Bill of Lading. Once your Bill of Lading has been finalized, you may not: alter the Bill of Lading, use the Bill of Lading to negotiate a different rate, use the Bill of Lading with a Freight Carrier other than the sole Carrier that has agreed to provide you services through FreightBadger.com, use the Bill of Lading with a different Carrier to compare services or prices, or use another Bill of Lading that was not issued by either FreightBadger.com or the Freight Carrier that was selected to provide service for your shipment or cargo.

Using the Bill of Lading in any manner listed above or in any way that it was not intended, will void the shipment. Your account will be terminated and FreightBadger.com will not be held liable for any financial loss that you suffer as a result of this violation of this Terms & Conditions of Use.

The shipper is responsible for providing the Bill of Lading at the point of pickup. If any element of the Bill of Lading is incorrect, you must notify FreightBadger.com immediately to rectify the error. If a replacement Bill of Lading is required to complete the delivery, the terms of the replacement Bill of Lading will govern. As per all Bills of Lading, FreightBadger.com is not liable or responsible for any actions taken or not taken on behalf of the Customer as prescribed by the Bill of Lading.

Freight Guaranteed Services are inclusive of transit times only as noted by the Carrier selected. Guaranteed Service is not a guarantee for pickup time nor is the pickup day included in the qualification and calculation of transit time. Guaranteed Service transit times exclude holiday and/or no service days as defined by the individual carrier. Shipments that are not delivered within the date and time specified on the Bill of Lading shall not be considered a service failure if the reason for the delivery delay is determined to be no fault of the carrier. These reasons include, but are not limited to: Acts of omission by: shipper, consignee, owner of goods or public authority, shipments not accepted by the consignee when offered for delivery, delays due to customs clearance or documentation required for movement of shipment or cargo, closure of Federal, State, City or local roads, streets, or highways, Acts of God, war, riots, weather, equipment failures, electrical outages, labor disputes and strikes. If the Freight Carrier fails to render Guaranteed Services as agreed upon, the Customer has 10 business days from the date of delivery to submit a claim to FreightBadger.com. If FreightBadger.com does not receive a claim within 10 business days from the date of delivery, the service will be considered satisfactorily rendered, and no claim thereafter will be honored. If the carrier fails to comply with the requested Guaranteed Service and has agreed to the liability, FreightBadger.com will credit the Customer's account solely for the freight charges. No credit will be issued if the issued Bill of Lading is not used.

You are required to create an account to use FreightBadger.com's Freight Quote Services. In order to create an account you are required to provide true and accurate information. Failure to provide true and accurate user information will result in the termination of your account. You are solely responsible and accountable for all activity within your account. We reserve the right to terminate your account at any time without notice if suspicious activity occurs within your account or this Terms & Conditions of Use is violated. FreightBadger.com will not be liable for any loss directly or indirectly suffered by you as a result of the termination of your account.

All TDW, Freight and Package Shipping rates are based on the information provided by the Customer. The Customer is responsible for articulating the correct Freight, TDW and Pacakge Shipping descriptions. Neither FreightBadger.com nor its 3rd Party affiliates will be held liable or responsible for the inaccuracies of your description of goods/required services or the issues that may arise as a direct result thereof. If the actual description of the Freight is not consistent with those finalized during the Package Shipping or the Freight Quote Processes, additional charges will be made to your account to remedy this discrepancy as necessary; while inconsistencies that require additional charges with regard to TDW Services will be governed by the negotiated contract of the 3rd Party TDW Company. For Package Shipping and Freight Services, FreightBadger.com will amend the original quoted amount and automatically charge your payment method for the updated amount if the original quoted amount was based on incorrect or incomplete information and you will be notified of the additional charges. All information and requirements must be conveyed by the user at the time that the quote is given to obtain an all-inclusive and accurate price for services. Your Shipping and TDW rates are based on a variety of factors to include, but not limited to: the product being shipped, size, weight, location, time, etc. By using FreightBadger.com, you agree to pay for the actual services provided based on the actual factors and criteria that relate to your shipment or TDW Service. You are liable for all charges related to your shipment or TDW Service.

In the event, additional services are required that were not articulated during the Freight or TDW Quote process at the time of pickup or initiation of service; an additional fee may be required to cover the cost of the services rendered. In the event an additional fee is required, these fees will be automatically assessed by FreightBadger.com. The Customer is ultimately responsible for all additional fees and charges incurred by the Package Shipper, Freight Carrier or the TDW Company.

All monetary notices and transactions are in U.S. Dollars. Services will be rendered once payment has been received or as agreed upon by a separate agreement pending credit approval. We will charge your credit-card after you accept the final price for the quoted amount. If the credit card information is incorrect or outdated, your payment method will be declined and no services will be rendered until your credit card information is reconciled. If for any reason, your account becomes delinquent and after an unsuccessful reasonable attempt has been made at reconciling your payment information, you will be subject to a compounding monthly interest rate of 1.5% or the highest rate of interest permitted by law, whichever is less. If a payment is not made within 90-days from the date of the invoice, we reserve the right to send all unpaid delinquent invoices to a collections agency, in which you will be responsible for any additional charges incurred by the collections agency. In the event that legal action is required to collect payment, all unpaid charges will be subject to a late payment penalty of 33%. You will also be required to pay FreightBadger.com's legal fees along with all related fees and expenses. You may also be subject to additional fees and expenses of all parties directly affected by your non-payment. Furthermore, a customer has 30-days from the date of sale to dispute any charges. If FreightBadger.com does not receive a dispute within 30-days from the date of sale, the service will be considered satisfactorily rendered, and no dispute thereafter will be honored. Cancellations on Freight Services are subject to a cancellation charge of 50% of the purchase price to reconcile outstanding charges that are a direct result of your cancellation, while administrative fees are non-refundable. The cancellation fee and refund policy for all Transloading, Drop Shipping and Warehousing agreements are subject to the terms of the contract.

By initiating the Freight & TDW Quote process, you acknowledge that you are the actual person or the duly authorized representative of your company to initiate such actions; and that all of the information that you have provided is complete, accurate and up-to-date. Once you have accepted a Freight Quote - (by selecting the "Submit" button on the Payment Page or the "Payment Terms" button on the Decision Page to finalize the Freight Quote Process), you authorize FreightBadger.com to automatically charge your credit card for the quoted amount. All services and sales are Non-Transferrable. A copy of your receipt will be sent to your e-mail and retained in your Account Dashboard. FreightBadger.com reserves the right to cancel your Freight or TDW Quote inquiry at any time if it is believed that your actions may cause us a significant financial loss, are in violation of this agreement or will create any type of legal liability. FreightBadger.com will not be held liable for any loss directly or indirectly suffered by you as a result of this cancellation.