Terms of Service

These Terms of Service ("Terms") are a binding agreement between you (and the company you represent) and AFX Logistics ("AFX Logistics," "we," "us," or "our"). They govern your use of the AFX Logistics website at afx-logistics.com (the "Site") and the freight brokerage services we provide (together, the "Services"). By accessing the Site, creating an account, requesting a quote, booking a shipment, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Who We Are

AFX Logistics is a federally licensed property freight broker. We arrange the transportation of freight between shippers and authorized, independent motor carriers. We are not a motor carrier, freight forwarder, warehouse, or air carrier, and we do not take possession of, transport, load, unload, or handle freight. Our authority is registered with the Federal Motor Carrier Safety Administration (FMCSA) under USDOT #9586486. Nothing in these Terms or in our conduct makes AFX Logistics the agent, partner, or carrier of any party, and we do not assume the liabilities of a motor carrier.

2. Acceptance, Eligibility, and Electronic Agreement

You must be at least 18 years old and have the legal authority to enter into a binding contract on behalf of yourself and any company you represent. By using the Services, you represent and warrant that you meet these requirements and that all information you provide is accurate and complete. You agree that your electronic acceptance of these Terms (including by clicking "I agree," creating an account, requesting a quote, or booking a shipment) has the same legal effect as a handwritten signature under the federal ESIGN Act and applicable state law (UETA).

3. Our Role as Broker; No Carrier Liability

As a broker, our role is limited to arranging transportation. The actual transportation is performed by independent motor carriers that are solely responsible for the care, custody, control, and safe transport of your freight. AFX Logistics does not control the means, methods, routing, equipment, drivers, or day-to-day operations of any carrier. We are not liable for the acts, omissions, negligence, delays, loss, damage, or other conduct of any carrier, shipper, consignee, warehouse, or other third party. Cargo liability rests with the contracted motor carrier under the carrier's contract of carriage, its tariffs, and applicable federal law, including the Carmack Amendment (49 U.S.C. § 14706).

4. Quotes and Rates

Freight rates provided through the Site or by our team are based on the information you provide and current freight market conditions. Quotes are:

• Estimates until confirmed. All quotes are non-binding until both parties confirm the booking and a carrier is dispatched.
• Time-limited. Freight rates fluctuate. Quotes are valid only for the period stated on the quote (typically 24 to 72 hours).
• Subject to accurate information. Rates assume the accuracy of the shipment details you provide (origin, destination, weight, dimensions, freight class, commodity, declared value, and accessorials). If the actual shipment differs materially from what was quoted, the rate may be adjusted and additional charges (including reclassification, accessorial, and reweigh charges) may apply.
• Subject to availability. Quoted rates depend on carrier capacity available at the time of booking.

5. Booking and Payment

5.1 Booking confirmation

A booking is confirmed when we send you a written confirmation (including a booking reference number) and a motor carrier has accepted the load. The booking confirmation, together with these Terms and any separate written agreement between us, governs that shipment.

5.2 Payment terms

Unless we have agreed otherwise in writing, charges are invoiced and payable on the terms stated at booking or on your approved credit account (for example, net 30 days from the invoice date). We may require payment in advance, a credit application and approval, or other security before extending credit or providing the Services. Approved payment methods may include ACH bank transfer, check, or other methods we designate. Past-due balances may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and you agree to pay our reasonable costs of collection, including attorneys' fees. Outstanding balances may affect future service eligibility. You may not offset, deduct, or withhold any amount owed to us on account of a cargo claim or dispute with a carrier.

5.3 Additional charges

You agree to pay additional charges that arise from the actual shipment, including but not limited to:

• Detention charges if loading or unloading exceeds the carrier's free time.
• Layover fees if the driver is forced to wait overnight.
• Accessorial charges (liftgate, residential, inside delivery, limited access, lumper, etc.) not disclosed at quote time.
• Reclassification or reweigh fees if LTL freight class or weight was misstated.
• TONU (truck ordered not used) fees if you cancel after dispatch.
• Permit, escort, and pilot-car costs for oversized loads not disclosed at quote time.

6. Your Responsibilities as Shipper

As the party tendering freight for shipment, you are responsible for:

• Accurate disclosure. Providing accurate origin and destination addresses, contact information, commodity descriptions, weights, dimensions, freight class, declared value, and any special handling requirements (including hazardous materials).
• Hazmat compliance. Complying with all applicable hazardous materials regulations, including proper packaging, labeling, placarding, and documentation. Undeclared or misdeclared hazmat is a federal violation and may result in refused shipments, fines, and indemnification obligations under these Terms.
• Loading and unloading. Providing adequate equipment, personnel, and time for loading and unloading, unless driver-assist or lumper services have been arranged.
• Proper packaging. Ensuring the freight is properly packaged, palletized, blocked, braced, and otherwise prepared to withstand normal handling in transit.
• Bill of Lading. Properly completing and signing the Bill of Lading (BOL) at pickup, and noting any visible damage or shortage on the delivery receipt before signing at delivery.
• Insurance. Understanding the limits of motor carrier liability under federal law and the carrier's tariff, and obtaining additional cargo insurance for high-value or specialized shipments where appropriate.
• Lawful, properly described cargo. Tendering only lawful freight that is accurately described and not prohibited under Section 11.

7. Cargo Claims

Cargo loss and damage claims are governed by the Carmack Amendment (49 U.S.C. § 14706) and the contract of carriage between you and the motor carrier. AFX Logistics is not the carrier and does not insure your freight. We will reasonably assist you in presenting and pursuing claims against the responsible carrier, but we do not guarantee recovery. To preserve your claim rights:

• Note all visible damage or shortage on the delivery receipt or BOL before signing.
• For concealed damage, notify the carrier promptly, typically within five (5) business days of delivery.
• File a written claim with the carrier within the period required by the BOL or contract of carriage, which may not be less than nine (9) months from delivery (or expected delivery for non-delivery).
• Provide supporting documentation, including invoices showing value, photos, and damage assessments, and allow the carrier to inspect damaged freight and exercise any salvage rights before disposal.

Failure to follow proper claim procedures may result in claim denial. Any claim against AFX Logistics itself (as opposed to the carrier) is subject to Sections 8 and 19.

8. Limitation of Liability

AFX Logistics acts as a freight broker and is not liable for loss, damage, or delay of freight in transit. Liability for cargo claims rests with the contracted motor carrier under the carrier's contract of carriage and applicable federal law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFX Logistics'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (a) THE BROKERAGE COMMISSION AFX Logistics ACTUALLY EARNED ON THE SPECIFIC SHIPMENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL AFX Logistics BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY. These limitations are a material basis of the bargain and apply even if a remedy fails of its essential purpose.

9. Indemnification

You agree to indemnify, defend, and hold harmless AFX Logistics, its affiliates, officers, directors, employees, agents, and contracted carriers from and against any claims, liabilities, damages, losses, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms or any applicable law or regulation.
• Inaccurate or incomplete shipment information you provide.
• Undeclared or improperly declared hazardous materials.
• Damage caused by inadequate packaging, loading, blocking, or bracing by you or your agents.
• Your tender of prohibited, unlawful, or misdescribed cargo.
• Bodily injury, death, or property damage to the extent caused by your acts or omissions or those of your agents.

10. Account Security

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized access. We are not liable for losses arising from your failure to safeguard your credentials.

11. Acceptable Use

When using the Site or Services, you agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable regulation.
• Submit false, misleading, or fraudulent information.
• Attempt to gain unauthorized access to our systems or other users' accounts.
• Interfere with the operation of the Site (including denial-of-service attacks, scraping, or automated data collection without our consent).
• Reverse engineer, decompile, or attempt to extract source code from the Site or our applications.
• Tender or arrange shipment of prohibited items, including weapons, illegal substances, human remains, stolen goods, or any cargo prohibited by federal, state, or local law.

12. Text Messaging (SMS) Terms

If you provide a mobile number and consent, AFX Logistics may send you account, shipment, and (where you have agreed) marketing text messages, including by automated technology. Consent to marketing texts is not a condition of purchasing any goods or services. Message frequency varies based on your activity. Message and data rates may apply. You can opt out of text messages at any time by replying STOP to any message; reply HELP for help. We may still send you non-marketing, transactional messages necessary to service your shipments. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how we handle your information.

13. Electronic Communications and Notices

You consent to receive communications from us electronically, including by email, text, and notices posted on the Site, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. Legal notices to us must be sent to the contact address in Section 22.

14. Intellectual Property

All content on the Site, including text, graphics, logos, images, software, and the AFX Logistics name and trademarks, is owned by AFX Logistics or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of our content without our prior written consent.

15. Third-Party Services and Links

The Site may link to or integrate with third-party services (including payment processors, mapping and geocoding services, analytics providers, and freight market data providers). We are not responsible for the content, availability, privacy practices, or terms of those third parties. Your use of third-party services is governed by their respective terms and policies.

16. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that any quote, transit time, or carrier availability is guaranteed.

17. Force Majeure

AFX Logistics is not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, severe weather, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, strikes or labor disputes, carrier or supplier failures, accidents, road or port closures, government actions, embargoes, fuel or equipment shortages, utility or network outages, or cyberattacks.

18. Termination

We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice. You may close your account at any time by contacting us. Termination does not affect rights or obligations that accrued before termination, including outstanding payment obligations. Sections that by their nature should survive (including Sections 7 through 9, 14, 16, and 19 through 21) survive termination.

19. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

19.1 Informal resolution first

Before initiating arbitration or any legal proceeding, the parties agree to first try to resolve the dispute informally for at least thirty (30) days after written notice describing the dispute is delivered to the other party at the contact address in Section 22.

19.2 Binding arbitration

Except for the carve-outs in Section 19.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally shall be resolved exclusively by final and binding arbitration, rather than in court, administered by a nationally recognized arbitration provider (such as the American Arbitration Association) under its commercial arbitration rules then in effect. The arbitration shall be governed by the Federal Arbitration Act. The seat of arbitration shall be Tulsa County, Oklahoma, and judgment on the award may be entered in any court of competent jurisdiction.

19.3 Class action and jury-trial waiver

All disputes shall be arbitrated on an individual basis only. YOU AND AFX Logistics WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO BRING, JOIN, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, and the remainder of this Section 19 shall remain in effect.

19.4 Carve-outs

Nothing in this Section 19 prevents either party from (a) bringing an individual action in small-claims court, (b) seeking injunctive or other equitable relief in court to protect intellectual property or to address unauthorized access to or misuse of the Services, or (c) pursuing a cargo loss or damage claim against the responsible motor carrier under the Carmack Amendment and the contract of carriage, which proceeds under applicable federal transportation law.

19.5 30-day right to opt out

You may opt out of this arbitration agreement (Sections 19.2 and 19.3) by emailing info@afx-logistics.com with your name, account or company name, and a clear statement that you opt out, within thirty (30) days of first accepting these Terms. Opting out of arbitration does not affect any other provision of these Terms, including the venue and governing-law provisions in Section 19.6.

19.6 Governing law and venue

These Terms are governed by the laws of the State of Oklahoma, without regard to its conflict-of-laws principles, except where federal transportation law (including the Carmack Amendment) preempts state law. For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Tulsa County, Oklahoma.

20. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will post the updated Terms on this page and update the "Last updated" date above. Changes are effective when posted. Your continued use of the Services after the changes take effect constitutes acceptance of the revised Terms.

21. Miscellaneous

• Entire agreement. These Terms, together with our Privacy Policy and any written agreement we enter into with you, constitute the entire agreement between us and supersede any prior agreements on the subject. In the event of a conflict, a signed written agreement between us controls over these Terms.
• Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in full effect.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Headings. Section headings are for convenience only and do not affect interpretation.

22. Contact Us

If you have questions about these Terms, contact us at:

See also our Privacy Policy.