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TERMS & CONDITIONS

Shipwell, Inc. (“Shipwell”) is a technology service that streamlines freight
delivery, truckload, less-than-truckload, and last mile processes.

Shipwell’s proprietary systems allow shippers, carriers, brokers, forwarders and
cargo owners to arrange their own seamless freight deliveries.

As a Customer who engages our services, you agree to our TERMS AND CONDITIONS of
use of our systems, without change or alteration, except as may be provided with
our written permission.

Shipwell, while a licensed broker, provides the Shipwell platform as neither a
freight carrier, freight forwarder, freight broker nor other type of
transportation intermediary that requires licensing by a government agency. We
simply and effortlessly – on your part – allow you to interact with others in
the freight transport system that is so vital to our world economy, to your
business and your bottom line. We do not have responsibility for the freight
transaction itself. We connect the participants and provide optimized
recommendations.

By agreeing to the Terms and Conditions and using Shipwell’s website and
platform, you also validate that you have viewed, understood, and agreed to the
Shipwell Privacy Policy, the Shipwell Master Subscription Agreement, and the
Shipwell Service License Agreement.

AS TO RULES OF CARRIAGE

Each party to a transaction initiated by using Shipwell is obligated to arrange
for rules and obligations for freight deliveries, either by direct contract,
tariffs, or Bills of Lading. For example, a shipper may enter a contract with a
carrier; or a freight broker may rely on the tariffs or Bill of Lading issued by
a carrier. Agreements between you and others using Shipwell will always take
precedence over anything to the contrary in these Terms and Conditions.

RATES AND CHARGES

Rates and charges for freight delivery are to be determined by you and the
counter-party. Shipwell does not set rates or charges for any aspect of freight
delivery; nor does it act in resolution of any charges or rates. Shipwell may
provide a service to recommend or benchmark rates and Shipwell does provide the
platform to undertake these negotiations seamlessly.

Generally, truckload rates are negotiated rates for door-to- door services, with
negotiations for “accessorial” charges such as load or unload charges, detention
charges, equipment ordered but not used charges, or late delivery charges.

Flatbed, intermodal, over-dimensional or specialty freight may be based upon
size or weight, road use permits or other commodity pricing, or specialty
transport equipment and/or personnel.

Transit times are, generally, estimates only unless negotiations include terms
for time definite services.

BILLS OF LADING

All bills of lading used by you or others involved in a transaction are
non-negotiable and are governed by state or federal law. Shipwell does not
prepare or issue bills of lading, but does provide templates for bills of lading
and will store/transmit bills of lading through our platform. However, if you or
a counterpart to a transaction fails to complete or issue any documents
necessary to complete the freight delivery, Shipwell may, at its discretion,
complete or correct the document in order to facilitate the delivery. Shipwell
shall not be liable to you or any counter-party or third persons for these
actions on behalf of you or a counter-party.

YOUR OBLIGATIONS

You and your counterparts are responsible for compliance with all applicable
laws and regulations, including but not limited to international or domestic
customs laws, movement of hazardous materials, import and export restrictions
and laws, and any regulation, law, ordinance of any municipality, state, local
or federal U.S. agency that may apply to the freight delivery.

You and your counterparts warrant and guarantee each other and Shipwell that
each of you has all necessary permits, licenses, documentation, tax stamps,
permissions that may be required for the freight delivery.

YOUR FEE

Freight providers will be charged a one-time or monthly fee to cover one or a
set number of shipments transacted through Shipwell as well as set number of
available features. Any overage over the set number of shipments will require
adjustment to a different plan level. A transaction occurs when both parties to
the shipment agree to work together by hitting the “Accept” button. In order to
use Shipwell products, you agree to undergo credit review by us or our agents.
We reserve the right to deny access to Shipwell products, for any reason, as
exercised in our sole discretion.

In certain transactions, Shipwell may provide third-party billing services to
the carrier. These transactions will show Shipwell invoicing for Freight
Charges, as well as any applicable Transaction Fees. The freight provider shall
pay Shipwell directly, Net 15, from date of delivery. The freight provider shall
communicate any POD dispute within two (2) business days of receipt of POD. Any
POD not disputed within this timeframe shall be deemed valid for the purposes of
payment to Shipwell.

A Truck Ordered, Not Used (TONU) fee may be charged to the freight provider for
any truck booked through Shipwell and not canceled at least 24 hours prior to
scheduled pickup time. TONU, other accessorial freight charges and shipment
specific transportation terms shall be determined and agreed upon at time of
negotiation.

Charges for using Shipwell products are to be paid in U.S. Dollars and charges
are due immediately upon receipt. Any payment not received within ten (10)
calendar days of your receipt of our bill, if billed rather than paid
immediately, are subject to late charges of 2% per month, or partial month, or
as may be permitted by applicable law. Overpayments by you do not accrue
interest and may be refunded or credited to future charges against your account
in our sole discretion.

If Shipwell retains an attorney or collection agency to collect from you any
unpaid charges or for enforcement of these Terms and Conditions, you will pay
our attorney fees, costs of collection and/or court costs. In addition, Shipwell
shall have a lien on all freight involved in your transactions for outstanding
balances due Shipwell until fully paid or released.

CORRECTIONS AND VARIANCE CHARGES

As to misidentified freight, commodity, size, weight or other quality of
freight, Shipwell reserves the right to correct and re-invoice you for incorrect
information if additional costs are incurred by the carrier to perform the
freight delivery, as determined in Shipwell’s sole discretion. By using the
Shipwell service, you agree to pay these charges.

CLAIMS AND LIABILITY

As stated above, Shipwell does not assume any liability for the freight
transaction between you and your counterpart. Shipwell does not participate in
resolving freight damage or loss claims, as that is specifically controlled by
your agreement with your counterpart, federal law or carrier tariffs. Carrier
liability may also be governed under the Carmack Amendment to the Interstate
Commerce Act, 49 U.S.C. § 14706 and 49 C.F.R. § 370, et seq., or by state law.

It is your responsibility to ascertain that the carrier or shipper will meet
your transportation needs, which includes any possible gap between your
shipment’s value and the insurance that a carrier possesses.

LOCATION SERVICES

To use any of Shipwell’s location services, you agree that you have the
permission of each individual driver dispatched on loads to allow the system to
obtain, report and retain their locations. You also agree to indemnify Shipwell
for any claim, loss, suit, violation of laws or regulations of any jurisdiction
arising from the use and retention of location data. Shipwell has no
responsibility, control, or liability for any violations of privacy laws,
regulations or common law, nor does Shipwell have any control over the retention
and security of the data obtained through this process.

CHOICE OF LAW AND VENUE

Any dispute between you and Shipwell is subject to and shall be governed by the
laws of the State of Texas without regard to any choice of law rules. The
exclusive venue for any action between you and Shipwell shall be in either the
State District Courts of Travis County, Texas or the U.S. District Court for the
Western District of Texas, Austin Division. You irrevocably submit and waive any
objection to jurisdiction in Travis County, Texas.

Before you may file any suit or action against Shipwell, however, you agree to
first submit the dispute to a non-binding mediation in Austin, Texas and you
agree to fully and materially participate in a good faith effort to resolve the
dispute. This is a condition precedent to any suit by you against Shipwell and
must be accomplished before suit commences.

NO WARRANTIES FOR SHIPWELL PRODUCTS

Shipwell neither offers nor makes any warranty, guarantee, express or implied,
as to its services or the services, agreements, obligations, safety or licensing
by you or your counterpart. Shipwell neither offers nor makes any warranty of
fitness or merchantability for any purpose regarding its services, website,
freight deliveries, or transactions agreed upon or completed by or through
Shipwell’s services and in no event shall Shipwell be liable for any damages,
special, incidental, consequential or punitive arising from in whole or in part
from the use of Shipwell services or products, whether or not Shipwell had
actual or constructive knowledge that such damages may occur.

TRADEMARKS

All logos, trademarks, registered trademarks, and brands are the property of
their respective owners. All company, product and service names used in this
website are for identification purposes only. Use of these names, logos, and
brands does not imply endorsement.

Google Play and the Google Play logo are trademarks of Google Inc.

All other trademarks cited herein are the property of their respective owners.


 * Technology platform support
 * Capacity as a service (3PL) support
 * Strategic supply chain management (4PL) support

 * Join our carrier network
 * API documentation

515 Congress Avenue, Suite 2650
Austin, TX 78701
512-333-0898
Facebook account of Shipwell Twitter account of Shipwell LinkedIn account of
Shipwell
 * Privacy Policy
 * Terms + Conditions
 * Data Security

© 2023 Shipwell. All Rights Reserved.
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