These Terms of Service ("Terms") govern the AFX Logistics website, shipper accounts, carrier accounts, quote tools, portals, applications, live shipment visibility, and other digital services that link to these Terms (collectively, the "Digital Services"). They form a business-to-business agreement between AFX Logistics LLC, doing business as AFX Logistics ("AFX," "we," "us," or "our"), and the person and business accepting them ("you" or "your").
1. Scope and Assent
These Terms apply to the Digital Services. They do not, by themselves, state every commercial term for a shipment, extend credit, reserve capacity, confirm a carrier, or create a booking.
You accept these Terms when AFX presents them with an unchecked acceptance control and you take the stated affirmative action, such as checking "I agree" and selecting "Create Account," "Reserve," "Book," or another button that clearly communicates assent. You may also accept through another electronic or written process that identifies these Terms. Merely viewing a public page, requesting general information, or receiving a quote does not by itself create a shipment contract or authorize a charge.
Your electronic assent is intended as an electronic signature. You agree that the version, time, account or transaction reference, and available security evidence recorded with that assent may be used to establish the agreement. You can download, print, or request a copy before accepting. Electronic records and signatures may not be denied legal effect solely because they are electronic under the federal E-SIGN Act and applicable electronic-transactions law.
2. AFX Identity and Broker Role
AFX Logistics LLC is a property broker registered with the Federal Motor Carrier Safety Administration under USDOT 9586486. AFX holds active Broker of Property (Except Household Goods) authority under MC48388325 and maintains the required $75,000 BMC-84 surety bond filing. Current authority and filing status are determined by the official FMCSA record.
AFX arranges transportation by independent authorized motor carriers. AFX is not a motor carrier, freight forwarder, warehouse, customs broker, air carrier, or insurer. AFX does not take possession of freight or operate the tractors, trailers, drivers, or facilities that physically transport or handle it. Nothing in these Terms represents AFX as the carrier or changes the legal role AFX actually performs for a shipment.
The Digital Services are not offered to arrange a consumer household move or the transportation of household goods by an individual shipper. Do not use the Digital Services for that purpose.
3. Business Eligibility and Authority
You must be at least 18 years old and use the Digital Services for a business, commercial, or governmental purpose. If you act for a company or other entity, you represent that you have authority to bind it and that "you" includes that entity. You may not accept these Terms for another party if you lack that authority.
You represent that you and the company you represent are not prohibited from using the Digital Services under applicable sanctions, export, trade, or other law. You must provide accurate, current, and complete information and promptly correct material changes.
4. Contract Documents and Order of Precedence
Freight relationships require additional documents. A shipper relationship is governed by the applicable Broker-Shipper Transportation Agreement. A carrier relationship is governed by the applicable Broker-Carrier Agreement. Each shipment may also have a quote, rate confirmation, booking confirmation, carrier rate confirmation, bill of lading, credit approval, invoice, claims instruction, or other shipment-specific document.
If documents conflict, the following order applies unless a document expressly states a different order: (1) a mutually signed master agreement or written amendment; (2) a shipment-specific document accepted by the parties for the issue it addresses; (3) the applicable Broker-Shipper or Broker-Carrier Agreement; and (4) these Terms. These Terms control the Digital Services and electronic-use issues unless a higher-ranking document expressly overrides them. The Privacy Policy describes information handling and is not a promise to provide transportation.
5. Accounts and Security
- Accurate account data. Keep account, company, contact, and authorization information accurate.
- Authorized users. Limit access to people authorized to act for your business. You are responsible for permissions you grant and for promptly removing access that is no longer appropriate.
- Credentials. Protect passwords, passkeys, verification codes, devices, and recovery channels. Do not share individual credentials or bypass multifactor authentication.
- Security notice. Notify AFX promptly at info@afx-logistics.com if you suspect unauthorized access, compromised credentials, fraudulent shipment activity, or payment-instruction manipulation.
- Verification. AFX may require email, identity, authority, tenant, carrier, banking, or other verification before allowing access to sensitive data or actions.
AFX may treat instructions received through a properly authenticated account as authorized until we receive and have a reasonable opportunity to act on notice of compromise. This does not excuse AFX from obligations that cannot lawfully be disclaimed.
6. Digital Services License and Availability
Subject to these Terms, AFX grants you a limited, revocable, nonexclusive, nontransferable right to use the Digital Services for your internal business relationship with AFX. You receive no ownership interest in the Digital Services or AFX content.
AFX may maintain, update, secure, modify, or discontinue a Digital Service. Planned maintenance, emergency maintenance, internet failures, vendor outages, security controls, and events outside reasonable control can affect availability. AFX does not promise a particular uptime or service level unless a separate signed agreement states one. We will use commercially reasonable efforts to avoid materially disrupting an active shipment and to provide an appropriate alternative communication method when reasonably available.
7. Instant Quotes and Pricing Information
Eligible shipment requests may receive an instant quote generated from production freight-market data, lane information, shipment attributes, accessorial assumptions, pricing rules, and other current inputs. "Instant" describes the automated response, not guaranteed eligibility, carrier capacity, uninterrupted vendor availability, or a completed booking.
- Your inputs control. A quote depends on the origin, destination, dates, equipment, commodity, weight, dimensions, freight class, declared value, accessorials, hazardous-material status, and other information submitted. Missing or inaccurate information can make a quote inapplicable.
- Displayed validity. A quote is available only during the validity period shown with it. Market conditions and capacity may change after that period.
- Eligibility and review. AFX may require manual review for unusual, high-risk, high-value, specialized, cross-border, temperature-controlled, hazardous, oversized, stale-data, low-confidence, or otherwise ineligible requests.
- Corrections. Before a shipment is booked, AFX may withdraw or correct a quote affected by an obvious system, data, mapping, classification, tax, or arithmetic error. AFX will not retroactively change a booked shipment price except as allowed by the controlling shipment documents, including for inaccurate shipment information or actual accessorial services.
- No buy-rate disclosure. Customer pricing does not disclose AFX carrier cost, margin, proprietary market data, or carrier compensation except to the extent disclosure is required by law or an enforceable agreement.
8. Rate Reservations and Bookings
When offered, a rate reservation temporarily associates an eligible quote and displayed price with a server-issued reservation reference. A reservation is not a booking, dispatch, carrier tender, extension of credit, payment authorization, or promise of capacity. It expires at the displayed time unless the Digital Services confirm otherwise.
A shipment is booked only when the conditions stated in the controlling shipment documents are satisfied and AFX issues a written booking confirmation or booking reference that identifies the shipment as booked. Carrier acceptance or coverage may be a separate condition, and the confirmation will state the applicable status. A submitted quote request, generated price, saved quote, account creation, credit application, or unsigned draft is not a booking.
Funding and credit are separate from booking. Credit is available only after written approval and on the approved terms. No credit application, automated status, or future approval automatically books a shipment. Charges, payment terms, accessorials, cancellation terms, and credit conditions are governed by the higher-ranking documents described in Section 4.
9. Live GPS and Shipment Visibility
For eligible booked shipments, AFX provides live shipment visibility using MacroPoint or another confirmed tracking provider, carrier or driver updates, equipment data, check calls, and recorded milestones. When a live MacroPoint order is active and sending valid positions, verified booking owners may view the latest available GPS position, provider status, event time, and related shipment events through the Digital Services.
"Live," "real-time," and similar labels mean that AFX displays recent information supplied by the active tracking source as it becomes available. They do not mean continuous, second-by-second, error-free, or uninterrupted monitoring. Mobile coverage, driver participation, device power and permissions, ELD connectivity, carrier systems, provider systems, network conditions, weather, and other factors can delay, interrupt, or reduce precision. A displayed position may be the last known position. Status, mileage, route, and estimated arrival information are informational and are not a guarantee of location, route, pickup, delivery, or transit time.
Exact location is sensitive shipment information. AFX may limit it to a verified booking owner or other authorized user, provide a coarser status to an unverified requester, and withhold driver contact details or raw provider data. You may use shipment visibility only to manage the applicable shipment. Do not publish, resell, surveil, or use it to harass, discriminate against, or endanger a driver or other person.
A carrier or other user who enrolls a driver, device, vehicle, or account in tracking represents that the enrollment relates to the applicable shipment and that all notices, permissions, and consents required by law and the tracking provider have been given or obtained. Do not enroll an unrelated person or device.
10. Information and Materials You Provide
You retain ownership of information and materials you provide, including shipment data, messages, instructions, and documents. You grant AFX and its service providers a nonexclusive right to host, copy, transmit, transform, analyze, and use them as reasonably necessary to provide, secure, document, improve, and support the requested services, comply with law, resolve disputes, and enforce agreements.
You represent that you have the rights and permissions needed to provide the information, including business contacts, consignee contacts, driver or carrier information, documents, and instructions. Do not upload malware, unnecessary sensitive information, or information you are not authorized to disclose. AFX may remove or quarantine content that presents a security, legal, privacy, or operational risk.
11. Acceptable Use
You may not use the Digital Services to:
- Violate law, regulation, sanctions, court order, or another person's rights.
- Submit false, misleading, fraudulent, incomplete, or unauthorized quote, shipment, carrier, identity, insurance, banking, payment, credit, claims, or employment information.
- Tender illegal, stolen, prohibited, undeclared hazardous, or intentionally misdescribed cargo.
- Access another tenant, account, shipment, document, rate, carrier, or personal information without authorization.
- Probe, scan, disrupt, overload, bypass, or interfere with authentication, authorization, rate limits, security controls, availability, or data integrity.
- Introduce malware, use the Digital Services for phishing or payment diversion, or impersonate AFX, a shipper, carrier, driver, consignee, regulator, or other person.
- Scrape, crawl, index, mirror, harvest, benchmark for publication, or use automated means to extract data except through an AFX-approved interface and written authorization.
- Reverse engineer, decompile, disassemble, discover source code, or create a competing derivative service except to the limited extent a restriction is prohibited by law.
- Resell, sublicense, transfer, or commercially exploit access, quotes, market data, tracking data, documents, or account functionality without written authorization.
12. Communications
You agree that AFX may send transaction, account, security, quote, reservation, booking, shipment, billing, claims, and service communications by email, phone, in-app message, push notification, or another channel you provide or enable. Keep contact information current. AFX may record lawful consent, delivery, suppression, and security evidence.
Marketing email or automated marketing calls or texts, if offered, require the consent and opt-out rights required by applicable law. Marketing consent is not a condition of a quote, account, booking, or purchase. A separately enrolled text-message program is governed by the disclosure presented at enrollment, including message frequency, HELP, STOP, and carrier-delay terms. Opting out of an optional text program does not prevent AFX from using a lawful non-text channel for essential transaction or security communications.
13. Third-Party Services and Carriers
The Digital Services may interoperate with independent motor carriers and providers of market data, mileage, maps, geocoding, live tracking, identity, communications, hosting, accounting, payments, banking, analytics, documents, security, and support. MacroPoint and other named products are trademarks of their owners.
Third-party data and services can be delayed, unavailable, incomplete, or inaccurate. AFX is responsible for its own contractual and legal obligations but does not control an independent provider's systems or an independent carrier's physical transportation operations. Your direct use of a third-party site or service may also be governed by that party's terms and privacy policy. Nothing in these Terms waives a claim that cannot lawfully be waived or limits responsibility for AFX's own conduct where applicable law imposes it.
14. Intellectual Property and Feedback
AFX and its licensors own the Digital Services, software, interfaces, designs, text, graphics, trademarks, logos, compilations, workflows, noncustomer data, and related intellectual property. Except for the limited license in Section 6, no right is granted by implication, estoppel, or otherwise. You may make a reasonable number of internal copies of your own transaction records and the legal documents that apply to you.
If you voluntarily provide feedback or suggestions, you grant AFX a perpetual, worldwide, royalty-free right to use them without restriction or payment, provided AFX does not publicly identify you as the source without permission.
15. Confidentiality and Broker Records
Nonpublic rates, carrier information, driver information, account information, security information, shipment data, documents, and business information made available through the Digital Services are confidential. Use them only for the applicable AFX relationship and protect them with reasonable care. This duty does not apply to information that is lawfully public, already known without a duty, independently developed, rightfully received from another source, or required to be disclosed by law after reasonable notice where permitted.
Nothing in these Terms restricts any right a party has under 49 C.F.R. 371.3(c) to review the record of a brokered transaction. A request to exercise that right may be sent to info@afx-logistics.com with enough information to identify the transaction and the requesting party. AFX may verify identity and participation before disclosing the record.
16. Privacy
The Privacy Policy explains how AFX collects, uses, discloses, retains, and protects personal information and describes applicable privacy choices. Acknowledging the Privacy Policy confirms receipt; it is not consent to optional analytics, targeted advertising, or marketing communications. Separate consent is obtained where required.
17. Suspension, Termination, and Account Deletion
You may stop using the Digital Services and may request account deletion through the available authenticated control or by contacting AFX. Required transaction, regulatory, tax, accounting, security, fraud, claims, dispute, and legal-hold records may be retained as described in the Privacy Policy.
AFX may limit, suspend, or terminate access when reasonably necessary to protect people, freight, funds, data, or systems; investigate suspected fraud or misuse; comply with law or a provider requirement; address nonpayment or a material breach; or discontinue a Digital Service. When reasonable under the circumstances, AFX will provide notice and an opportunity to cure. Immediate action may be taken for security, fraud, safety, legal, or material operational risk. Termination does not cancel accrued payment, confidentiality, record, dispute, indemnity, or other obligations that by nature survive.
18. Disclaimers
EXCEPT FOR AN EXPRESS WARRANTY IN A HIGHER-RANKING DOCUMENT, THE DIGITAL SERVICES AND INFORMATION MADE AVAILABLE THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFX DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
AFX does not warrant that every request will qualify for an instant quote, reservation, booking, credit, capacity, live GPS, document, integration, or other feature, or that Digital Services and third-party data will be uninterrupted, current, complete, secure, or error-free. These disclaimers do not eliminate an express obligation in a controlling shipment agreement and do not apply where prohibited by law.
19. Limitation of Liability
This Section addresses claims arising from the Digital Services. Cargo loss, damage, delay, freight charges, payment, carrier conduct, and other shipment-specific liabilities are governed by the higher-ranking documents in Section 4 and applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE UNDER THESE TERMS FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING FROM THE DIGITAL SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFX'S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING FROM THE DIGITAL SERVICES WILL NOT EXCEED THE GREATER OF (A) $500 OR (B) THE AMOUNT YOU PAID AFX SPECIFICALLY FOR THE DIGITAL SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT.
The exclusions and cap do not apply to fraud, gross negligence, willful misconduct, AFX's infringement of another person's intellectual property, death or bodily injury to the extent caused by AFX, breach of confidentiality or data-security obligations to the extent a limitation is prohibited by law, or another liability that applicable law does not permit a party to exclude or limit. Each limitation applies only to the extent enforceable and does not impose liability that would not otherwise exist.
20. Indemnification
You will defend, indemnify, and hold harmless AFX and its officers, directors, employees, and affiliates from third-party claims, damages, fines, penalties, judgments, and reasonable legal costs to the extent caused by: (a) your material breach of these Terms; (b) your unlawful or unauthorized use of the Digital Services; (c) information or materials you provide that infringe, misappropriate, or violate another person's rights; (d) false or unauthorized account, shipment, carrier, identity, payment, or instruction data; or (e) your violation of law.
This duty does not require you to indemnify AFX for AFX's own negligence, willful misconduct, or breach. AFX will give reasonably prompt notice of a covered claim, allow you to control the defense with qualified counsel, and reasonably cooperate at your expense. You may not settle a claim in a way that admits fault by AFX, imposes a nonmonetary obligation on AFX, or fails to release AFX without AFX's written consent, which will not be unreasonably withheld.
21. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES AND WAIVES JURY TRIALS AND CLASS OR REPRESENTATIVE PROCEEDINGS.
21.1 Covered disputes
Except for the matters listed in Section 21.6 and unless you timely opt out, any dispute, claim, or controversy between you and AFX arising out of or relating to these Terms, the Digital Services, their formation, or the parties' relationship will be resolved by final and binding individual arbitration.
21.2 Informal notice first
Before filing arbitration or a lawsuit, the claimant must send a written notice describing the claimant, the account or transaction, the facts, the legal basis, and the requested relief. Notice to AFX must follow Section 25. AFX will send notice to the email or business address associated with the account. The parties will attempt in good faith to resolve the dispute for 30 days after receipt. A limitations period is tolled during that 30-day period to the extent permitted by law.
21.3 Arbitration rules and administrator
Arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures in effect when the demand is filed, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Section. One neutral arbitrator will decide the dispute. The arbitrator may award any individual remedy available in court that is not validly limited by these Terms, but may not award relief for a nonparty.
The legal seat is Tulsa County, Oklahoma. Hearings may occur by video, telephone, document submission, or in person as the parties agree or the arbitrator directs. If AAA is unavailable or declines to administer the matter, the parties will agree on a substitute administrator. If they cannot, a court with jurisdiction will appoint one that will apply materially similar commercial rules and this Section.
21.4 Fees and award
Filing, administration, arbitrator compensation, attorneys' fees, and costs will be allocated under the AAA Commercial Rules and applicable law. AFX will not seek its attorneys' fees from you unless a contract or law independently authorizes them and the arbitrator finds the request is warranted. The arbitrator will issue a reasoned written award. Judgment on the award may be entered in any court with jurisdiction.
21.5 Individual proceedings; class and jury waivers
DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. YOU AND AFX WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING, JOIN, ADMINISTER, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION. The arbitrator may not combine claims of different persons or award relief for anyone other than the individual parties to the arbitration.
21.6 Matters that may proceed in court or another forum
This Section does not prevent:
- An individual claim in a small-claims court with jurisdiction, while it remains individual and within that court's authority.
- A request to a court for temporary or emergency relief to protect account security, confidential information, intellectual property, payment instructions, or systems while arbitration is pending.
- A report, complaint, or proceeding before a regulator or government agency where law permits it.
- A cargo claim or other claim against an independent motor carrier that is governed by the carrier's contract of carriage or applicable transportation law.
- A claim or remedy that applicable law expressly makes nonarbitrable or nonwaivable.
21.7 30-day right to opt out
You may reject Sections 21.1 through 21.5 by sending an email to info@afx-logistics.com with the subject "Arbitration Opt Out" within 30 days after you first accept this version of the Terms. The notice must state your name, company, account email, and an unambiguous request to opt out of arbitration. A timely opt-out applies only to the person and company identified, does not affect any other part of these Terms, and will not result in retaliation or denial of service. An opt-out from an earlier version remains effective unless you and AFX later enter a separate written arbitration agreement.
21.8 Authority and severability
A court, not the arbitrator, will decide whether an agreement to arbitrate was formed, whether a valid opt-out occurred, and whether the class-action waiver is enforceable. The arbitrator will decide other issues concerning the scope, interpretation, and enforceability of this Section, subject to the Federal Arbitration Act. If the class-action waiver is finally held unenforceable for a particular claim, that claim will proceed in court and any arbitrable claims will be stayed unless the parties agree otherwise. Any other unenforceable part will be severed or limited to the minimum extent necessary.
22. Governing Law and Court Venue
The Federal Arbitration Act governs Section 21. Subject to that Act and applicable federal transportation law, Oklahoma law governs these Terms without regard to conflict-of-law rules. A court proceeding permitted by these Terms must be brought exclusively in the state courts located in Tulsa County, Oklahoma, or the United States District Court having jurisdiction over Tulsa County. Each party consents to personal jurisdiction and venue there.
23. Changes to These Terms
AFX may update these Terms prospectively. The posted version and last-updated date will identify the current text. AFX will provide reasonable advance notice of a material change through the Digital Services, account email, or another appropriate channel. If a material change affects dispute resolution, payment authorization, or another provision for which renewed assent is appropriate, AFX will request affirmative reacceptance before applying it to a new transaction. Changes do not retroactively alter a completed transaction or dispute that arose before the change unless the parties expressly agree.
24. General Terms
- Entire agreement for the Digital Services. These Terms and the higher-ranking documents in Section 4 are the entire agreement on their respective subject matter and replace prior terms on that same subject.
- Severability. Except as specifically provided in Section 21.8, an unenforceable provision will be limited to the minimum extent necessary and the remaining provisions will continue.
- No waiver. A waiver must be written and applies only to the stated instance. Delay in enforcement is not a waiver.
- Assignment. You may not assign these Terms without AFX's written consent. AFX may assign them with a merger, reorganization, financing, sale of substantially all relevant assets, or transfer to an affiliate, provided the assignee assumes the applicable obligations.
- Independent parties. The parties are independent contractors. These Terms do not create employment, partnership, joint venture, fiduciary duty, franchise, or agency authority.
- No third-party beneficiaries. Except for indemnified parties under Section 20, these Terms create no right in a nonparty.
- Force majeure. Neither party is liable for delay caused by an event beyond its reasonable control if it uses commercially reasonable efforts to mitigate the effect. This does not excuse payment already due, confidentiality, data security, or obligations that can reasonably continue. Carrier performance remains governed by the applicable shipment documents and law.
- Interpretation. "Including" means "including without limitation." Headings are for convenience. An electronic copy is an original. These Terms will not be construed against a party solely because that party drafted them.
25. Contact and Legal Notices
Questions about these Terms may be directed to:
A formal legal notice to AFX must be sent by email to info@afx-logistics.com with the subject "Legal Notice." If law or a controlling agreement requires physical delivery, use the notice address in that agreement or AFX's then-current registered office. Notice is effective when actually received. This formal-notice requirement does not replace a legally valid method of service of process.