Last Updated: 2/18/2025
These Terms of Use (“Terms of Use”) govern your use of the website located at https://freightclaims.com, its subdomains and components, as well as content, features, and materials appearing on such website (together with any successor site, the “Site”).
Cargo Claims Solutions, LLC, the operator of the Site, is referred to throughout these Terms of Use as “us”, “ours”, or “we”. For purposes of these Terms of Use, “you” and “your” means you as the user of the Site.
By using the the Site, you accept all of the provisions of these Terms of Use and represent to us that you are at least 18 years of age and legally competent to enter into and agree to these Terms of Use. The Site is not designed or intended to appeal to minors and we do not knowingly collect information from children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at webmaster@freightclaims.com so we can promptly delete that information.
WE USE THE SITE TO PROVIDE ACCESS TO OUR SUBSCRIPTION Platform (the “Freightclaims.com platform”). AN INDIVIDUAL’S rights to access and use the freightclaims.com platform ARE subject to THE USER’S agreement to OUR EXTERNAL END USER AGREEMENT, AND/OR a WRITTEN master subscription AGREEMENT BETWEEN US and the organization that we have granted a license to use the freightclaims.com platform (THE “AGREEMENT”). If there is a conflict between THE AGREEMENT and THESE TERMS OF USE, the conflicting term of AGREEMENt shall control but only to the extent necessary to eliminate the conflict. use of the site generally without logging into the freightclaims.com platform is subject to these terms of use.
The Site is intended to be accessed only by individuals who reside in the United States. If you reside outside the United States. Use of the Site is subject to US law.
All users of the Site must accept and comply with the terms and conditions set forth in these Terms of Use.
These Terms of Use include (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) a release by you of all claims for damage against us that may arise out of your use of the Site. By using THE SITE, you agree to THESE PROVISIONS.
CHANGES TO THESE TERMS.
We reserve the right to modify the Terms of Use at any time in our sole discretion by including such alteration and/or modification in these Terms of Use, along with a notice of the effective date of such modified Terms of Use. Any continued use by you of the Site after the posting of such modified Terms of Use shall be deemed to indicate your agreement to such modified Terms of Use. Accordingly, if at any time you do not agree to be subject to any modified Terms of Use, you may no longer use the Site.
TERMS APPLICABLE TO THE SITE
User Responsibilities. You agree that: (i) you will not use the Site if you are not fully able and legally competent to agree to these Terms of Use; (ii) you will only use the Site for lawful purposes; (iii) you will not use the Site for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (iv) you will not use the Site to advertise, solicit or transmit commercial advertisements, including “spam”; (v) you will not use the Site to cause nuisance, annoyance or inconvenience; (vi) you will not impair the proper operation of the Site; (vii) you will not try to harm the Site in any way whatsoever; (viii) you will not copy, or distribute the Site or other content without written permission from us.
Restrictions on Use. You agree that you will not use the Site, or any proprietary content, information, or other materials published on the Site, except as authorized in writing by us. You agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Site in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (ii) use the Site in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Site, in whole or in part, or any updates to the Site in any form or manner or by any means; (iv) harvest or scrape any content or data from the Site, or (v) permit any third party to engage in any of the acts described in clauses (i) through (iv).
Unlawful Use. You further understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Site; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Site in whole or in part, or any updates to the Site; or (iii) otherwise circumvent any functionality that controls access to or otherwise protects the Site. Any attempt to do any of the foregoing is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. You further agree not to use the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Site.
Digital Millennium Copyright Act Compliance. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a written notice by mail or by e-mail requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly submitted a notice of copyright infringement to us involving content that you made available through the Site, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
We, and our licensors, reserve the right to change, suspend, remove, or disable access to the Site at any time without notice. In no event will we be liable for the removal of or disabling of access to any such Site. We may also impose limits on the use of or access to the Site, in any case and without notice or liability.
Third-Party Materials. The Site may display, include, or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party web sites. By using the Site, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
Collection and Use of Data
As you use the Site, we will gather and use information about you for a variety of lawful purposes, including to provide, support and improve Site, to integrate it with third-party service providers, and to create anonymized data that may be used for lawful business purposes. Our collection and use of data through the Site is governed by, and described in more detail in our Privacy Notice (available at: https://freightclaims.com/privacy-policy). By using the Site, you agree that data about you may be used in accordance with this Privacy Notice.
Ownership
The Site and its content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You agree that we and/or our licensors own all right, title and interest in and to the Site (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights in the Site or related to the Site) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of our (or our licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use.
Any and all (i) suggestions for correction, change and modification to the Site and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to us by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by us or otherwise relating to the Site (collectively, “Revisions”), are and will remain our property. You agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Site or in any such Feedback or Revisions. You agree to assign to us any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.
Disclaimer of Warranties & Limitation of Liability
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE (INCLUDING THE USE, PERFORMANCE AND SUPPORT OF THE SITE), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF USE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SITE OR THESE TERMS OF USE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE DELIVERY, USE OR PERFORMANCE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
By entering into these Terms of Use, you agree that you shall defend, indemnify and hold us, our licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Site; (d) your negligence or willful misconduct; or (e) heath care decision-making or treatment outcomes.
ARBITRATION AND CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a Class Action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. Under these Terms, you agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use shall be resolved by confidential binding arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) in Tempe, Arizona, unless we agree in writing to conduct arbitration in an alternative forum. The arbitration will be conducted according to the JAMS Expedited Procedures for arbitration by a single arbitrator nominated by us. If JAMS is not hearing consumer commercial disputes at the time, we may select another arbitral body at its sole discretion. The arbitrator's award will be binding and may be entered as a judgment in a court of competent jurisdiction. This clause shall not preclude us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, or patents. This arbitration agreement does not (a) govern any Claim by us for infringement of our intellectual property or access to the Site that is unauthorized or exceeds authorization granted in these Terms of Use or (b) bar you from making use of applicable small claims court procedures in appropriate cases.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a Class Action. This arbitration provision will survive any termination of these Terms of Use.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a participant or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and us each waive any right to a jury trial.
GENERAL PROVISIONS
We reserve the right to monitor use of the Site, and to investigate and take appropriate legal action against any party that uses the Site in violation of these Terms of Use or applicable law. We reserve the right to accept, reject or modify any content posted to the Site, but assume no liability based on its acceptance, rejection, modification or failure to modify any such content.
Injunctive Relief. You agree that a breach of these Terms of Use will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we will be entitled to equitable relief in addition to any other remedies available to us under these Terms of Use, or at law without a bond, other security or proof of damages.
Miscellaneous. These Terms of Use constitute the entire agreement between you and us regarding your use of the Site. If any term or provision of these Terms of Use is found to be invalid, illegal or otherwise unenforceable, such a finding will not affect the other terms or provisions of these Terms of use, or the Terms of Use as a whole, but such a term or provision will be deemed modified to the extent necessary to render such a term or provision enforceable, and the rights and obligations of you and us will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use will survive termination of your use of the Site. The JAMS Rules and the laws of the State of Arizona, excluding its conflicts of law rules, govern these Terms of Use and your use of the Site. Your use of the Site may also be subject to other local, state, national, or international laws.
Under California Civil Code Section 1789.3, California users of the Site receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Contact Us. You may contact us about the Site or these Terms of Use by mail Cargo Claim Solutions, LLC, 605 W Knox Rd Ste 206 Tempe, AZ 85284, or by email at Webmaster@FreightClaims.com or by phone at 480-570-0681.
