Terms & Conditions – TRK Freight

Welcome to TRKFreight.com (the "Site"), operated by TRK Freight ("TRK Freight," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Site, as well as any freight brokerage, dispatch, logistics, or related services (the "Services") arranged, facilitated, or provided by TRK Freight. By accessing the Site or engaging our Services, you ("you," "Customer," "Carrier," or "User") agree to be bound by these Terms. If you do not agree, please do not use the Site or Services.

1. Acceptance of Terms

By accessing or using the Site, submitting a quote request, booking a load, signing a broker-carrier agreement, or otherwise engaging TRK Freight's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our [Privacy Policy]. TRK Freight reserves the right to update these Terms at any time, and continued use of the Site or Services after changes are posted constitutes acceptance of the revised Terms.

2. Eligibility

Use of the Site and Services is limited to individuals and entities who can form legally binding contracts. By using the Site or Services, you represent that you are at least 18 years old and, if acting on behalf of a company, that you are authorized to bind that company to these Terms.

3. Nature of Services

TRK Freight operates as a licensed freight brokerage/logistics provider. We arrange for the transportation of freight between shippers and authorized, properly licensed and insured motor carriers. TRK Freight does not itself transport goods; we act as an intermediary and are not a common carrier. All shipments are subject to a separate Rate Confirmation and/or Broker-Carrier Agreement, the terms of which shall govern in the event of a conflict with these Terms.

4. Carrier Requirements

• Carriers engaged through TRK Freight must, at all times:

  • Maintain active operating authority issued by the FMCSA

  • Maintain valid cargo and liability insurance meeting or exceeding TRK Freight's minimum requirements

  • Provide accurate, current documentation (W-9, insurance certificates, MC/DOT numbers, etc.)

  • Comply with all applicable federal, state, and local transportation laws and regulations, including hours-of-service rules

  TRK Freight reserves the right to refuse to tender loads to, or terminate its relationship with, any carrier that fails to meet these requirements or that engages in unsafe, fraudulent, or unethical conduct.

5. . Rates, Quotes, and Payment

Freight quotes provided via the Site, phone, or email are estimates only and are not binding until confirmed in a signed Rate Confirmation.

• • Final rates may vary based on load specifics, accessorials, detention, fuel surcharges, or changes in service requirements.

  • Payment terms (including quick-pay options, factoring, and standard payment windows) will be specified in the applicable Rate Confirmation or Broker-Carrier Agreement.

  • TRK Freight is not responsible for payment disputes arising from third-party factoring arrangements entered into by a carrier without our knowledge.

6. Claims and Liability

Cargo claims must be submitted in writing within the timeframe specified in the applicable Rate Confirmation or Broker-Carrier Agreement, and in no event later than nine (9) months from the date of delivery (or expected delivery), consistent with the Carmack Amendment where applicable.

• • TRK Freight, as a broker, is not liable for cargo loss, damage, or delay except to the extent required by applicable law or as otherwise expressly agreed in writing.

  • Carriers are solely responsible for cargo in their care, custody, and control and must carry adequate cargo insurance to cover the full value of freight transported.

  • TRK Freight makes no warranty, express or implied, regarding the performance of any carrier, shipper, or third party arranged through the Site or our Services.

7. Website Use

You agree to use the Site only for lawful purposes and in accordance with these Terms.

• You may not attempt to gain unauthorized access to any portion of the Site, interfere with its operation, or use automated means (bots, scrapers) to access or collect data from the Site without our prior written consent.

  • All content on the Site — including text, graphics, logos, and design — is the property of TRK Freight or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from Site content without our express written permission.

8. Quote Requests and Forms

Information submitted through contact forms, quote requests, or carrier onboarding forms on the Site is used solely to facilitate freight brokerage services and related communications. Submission of a form does not guarantee load tender, carrier approval, or any binding agreement.

9. Disclaimers

THE SITE AND ANY INFORMATION PROVIDED ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRK FREIGHT DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TRK FREIGHT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST FREIGHT REVENUE, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You agree to indemnify, defend, and hold harmless TRK Freight, its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your breach of these Terms, your use of the Site, or your performance (or failure to perform) under any freight transaction facilitated through TRK Freight.

12. Third-Party Links

The Site may contain links to third-party websites. TRK Freight does not endorse and is not responsible for the content, accuracy, or practices of any third-party sites.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Mecklenburg County, North Carolina, and you consent to the personal jurisdiction of such courts.

14. Modifications to Services or Terms

TRK Freight reserves the right to modify, suspend, or discontinue any part of the Site or Services at any time without notice. We may also update these Terms periodically; the "Last Updated" date above reflects the most recent revision.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.