By accessing and using this Site, Customer agrees to each of the terms and conditions set forth herein ("Terms and Conditions").
1. Unless and to the extent otherwise specified in writing between applicant and CubeDash, LLC (CubeDash), for the use of CubeDash’s services and/or the advancement of credit, applicant individually, jointly and severally (“Customer”) agrees to the terms and conditions set forth below. These terms and conditions are expressly incorporated into all subsequent shipments and may be referenced at the site location of these terms and conditions (https://cubedash.com/terms-and-conditions/).
A. Terms and Conditions Applicable to Transportation Services
2. The Customer agrees to these terms and conditions, which no agent or employee of the parties may change, alter or in any way transform. These terms and conditions apply to all shipments by Customer brokered by CubeDash. In the case of conflict between the Terms and Conditions contained herein and those set forth by the individual selected carrier’s tariff, if any, the selected carrier’s applicable tariffs (General Rules Tariff) shall control; however, under no circumstance shall CubeDash’s liability be greater than specified in these Terms and Conditions. All terms, including, but not limited to, all the limitations of liability, shall apply to the selected carrier and their agents and contracted carriers.
3. Rates – Less than a Truck Load (LTL) rates are based on the freight class determined by the NMFC (National Motor Freight Classification) and are weight based. Truck Load (TL) rates are based on dock door pick up / dock door delivery and shipper load / consignee unload are state to state and mileage based. Additional charges may apply for charges including but not limited to, Tractor Detention, Trailer Detention, Driver Assistant, and Layover. Air Freight rates are based on the greater of actual or dimensional weight. If an Air Freight shipment contains oversize freight, additional charges and transit delays may apply. Van Line rates are driven by state to state/mileage, weight (actual or density) and commodity / product type. Flatbed rates are based on equipment type, state to state/mileage and weight. If a flatbed shipment contains oversize freight, additional charges and transit days may apply. All displayed transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed.
4. Terms of Payment – All Customers are subject to credit approval. CubeDash will perform a credit check on Customer at the point of enrollment. Customer’s enrollment shall constitute authority for CubeDash to perform a credit check. The amount of credit, if any, granted to the Customer is at the sole discretion of CubeDash. Subject to approval of Customer’s credit, net payment shall be due 15 days from invoice date unless otherwise noted in writing. Past-due invoices are subject to a service charge calculated on the outstanding balance, at the lesser of (i) the rate of one and one- half percent (1 ½)% per month or (ii) the highest legal rate authorized by applicable law. The service charge is not intended as an alternative to payment when due and upon delinquency further purchases may be declined and the Customer’s account may be referred for collection. Customer agrees to pay all the costs including reasonable collection costs, attorney’s fees and expenses related to the enforcement of applicant’s obligations hereunder.
5. Customer is liable for all charges payable on account of such Customer’s shipment, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the carrier(s) after the shipment and all duties, customs assessments, governmental penalties and fines, taxes and CubeDash’s attorney fees and legal costs allocable to this shipment and/or all disputes relative thereto. Customer agrees to pay any convenience fees charged by CubeDash, LLC related to the payment of services via credit card or other electronic payment methods. Unless otherwise agreed, Brokers scheduling shipments for clients shall be liable, jointly and severally, for all charges payable on account of such client’s shipment.
6. CubeDash shall have a lien on the shipments for all sums due it relating to this shipment or any other amounts owed by Customer. Customer authorizes CubeDash to advise third parties of asserted liens and to hold possession of any shipment against which a lien is asserted.
7. CubeDash reserves the right to amend or adjust the original quoted amount or re-invoice the customer if the original quoted amount was based upon incorrect information provided at the time of the original quote or if additional services by the carrier were required or otherwise authorized by the Customer to perform the pickup, transportation and delivery functions therein. When paying by credit card or electronic funds in advance of the shipment (“Pre-Pay”), the Customer agrees it will be responsible for all charges payable, including any adjustments, on account of such Customer’s shipment. These charges and adjustments, if any, may be automatically debited form the Customer’s credit card or bank account.
8. Customer and CubeDash waive the provisions of under 49 U.S.C. § 13710. Before invoicing, CubeDash will advise Customer at the billing email on record of any variance between estimated freight charges and those billed by the carrier. Customer will have 48 hours (excluding weekends and holidays), to dispute the charges. If CubeDash does not receive a written dispute within the 48-hour period, those charges will be considered accepted by the Customer and invoiced. Notwithstanding the foregoing, Customer has thirty (30) calendar days from the date of the invoice to further dispute any invoiced charges in writing. If CubeDash does not receive a written dispute within the allowable thirty (30) calendar days, the dispute will be denied by CubeDash and Customer must pay the freight charges as invoiced. CubeDash reserves the right, at its sole discretion, to refuse any shipment at any time.
9. Warranties – The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including by not limited to customs laws, import and export laws and governmental regulation of any country to, from through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to the Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. CubeDash assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer. CubeDash assumes no liability for any loss or expense due to the failure of the Customer to comply with this paragraph and Customer shall defend, indemnify and hold CubeDash harmless for any claims or damages resulting from violation of this paragraph, including attorney’s fees and costs incurred by CubeDash.
10. Bills of Lading – All Bills of Lading are NON – NEGOTIABLE and have been prepared by the enrolled Customer or by CubeDash on behalf of the Customer and shell be deemed, conclusively, to have been prepared by the Customer. Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than designated by CubeDash, or the use of any Bill of Lading not authorized or issued by CubeDash shall VOID CubeDash’s obligations to make payments relating to this shipment and VOID all rate quotes. If the Customer does not complete all the documents required for carriage, or if the documents which they submit are not appropriate for the services, pick up or destination requested, the Customer hereby instructs CubeDash, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, CubeDash is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and CubeDash completes that document, the terms of that Bill of Lading will govern. CubeDash is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.
11. Insurance - The Customer will look solely to its own insurance, a shipper’s policy, or insurance provided by the carrier for damage to goods in transit. Each carrier’s General Rules Tariff will determine the standard liability cargo insurance coverage offered on any shipment, subject to any exception value. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the liability coverage otherwise provided by the tariff. The Customer acknowledges a claim for damages does not relieve it for payment under the terms of this Agreement. Timely payment is a condition precedent to the processing of a damage or insurance claim. All freight cargo claims should be submitted immediately to CubeDash for transmission to the carrier or its insurer. CubeDash will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. Where a damage claim is submitted with carrier on behalf of Customer, CubeDash shall have a lien on any amounts recovered to the extent of open past due invoices on the Customer’s account. CubeDash has no responsibility or liability with respect to the issuance or denial of Third-Party Insurance, or in the payment or denial of claims
12. Limits of Liability and Claims – CubeDash is only a freight broker. CubeDash is not a freight carrier and does not transport cargo. Instead, the terms and conditions of the freight carrier shall control the rights and responsibilities between the customer and the freight carrier. The individual carrier’s governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage. Insurance information will be provided to the customer upon request.
13. CubeDash has no responsibility, liability or involvement in the issuance of insurance, denial of insurance, or in the payment of claims. CubeDash does not carry insurance for customers. Any insurance purchased is purchased directly through the trucking company used or third-party insurance coverage providers.
14. Although CubeDash is not an insurance company or insurance agent, it will endeavor to assist Customer, in obtaining third-party coverage through insurers with which CubeDash maintains commercial relationships. Should Customer purchase such third-party coverage through the assistance of CubeDash and subsequently decide to cancel the Shipment after the coverage has been purchased, the fees for third-party coverage are non-refundable and will not be credited to Customer’s account.
15. If you have any questions regarding carrier insurance or carrier liability, please contact CubeDash for more details.
16. CubeDash will attempt to assist in the resolution of freight claims, but has no responsibility or liability related to any claim. All freight cargo claims should be submitted immediately to CubeDash to help ensure timely resolution. If the loss or damage is apparent, the consignee must note such loss or damage information on the bill of lading / delivery receipt. If the loss or damage is not apparent (concealed), the Customer must contact CubeDash within 3 days after taking delivery. The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary for a carrier to process a claim.
17. CubeDash is not liable for any loss, late-delivery, non-delivery, or consequential damages caused by the act, default, or omission of the carrier, Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. CubeDash is not liable for losses, late-delivery or non-delivery caused by violation(s) by the Customer of any of the Terms and Conditions contained in the Bill of Lading or of the carrier’s General Rules Tariff including, but not limited to, improper or insufficient packaging, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions.
18. CubeDash is not liable for losses, late delivery or non-delivery caused by the acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, pandemic or epidemic, weather conditions or mechanical delay or failure of aircraft or other equipment. CubeDash is not liable for failure to comply with delivery or other instructions from the Customer or for the acts or omissions of any person.
19. Notwithstanding any limitations of liability contained in the Bill of Lading and the carrier’s General Rules Tariff, CubeDash shall only be liable for loss, damage, mis-delivery or non-delivery caused by CubeDash’s own gross negligence. CubeDash’s liability for any and all losses of any kind whatsoever shall be limited to the fees that CubeDash has been paid with respect to the subject shipment.
B. Terms and Conditions Related to Website Access
20. Website Access – Customer agrees that all user I.D.’s, passwords, and information viewed on the web site shall be kept in strict confidence by all persons receiving access, and Customer warrants that no person shall in any way attempt to view information other than that permitted by the limited access granted or attempt to modify any aspect of the web site. Customer also agrees that it shall not knowingly populate the web site with data that is inaccurate, or in any way corrupted to cause damage to the web site or any of the other data situated on the web site.
21. Indemnification for Website Misuse - Customer further agrees to indemnify and hold CubeDash harmless from any and all damages, costs, actions, causes of action, regardless of nature, including but not limited to court costs attorney fees, which may arise from, out of or in connection with any act or omission of any person (whether or not an employee of agent of Customer) who gains access to, alters, or adds any data or information on the web site as a direct or indirect result of the access granted by CubeDash. Customer acknowledges that CubeDash reserves the right to terminate all access to the web site granted to any person pursuant, which termination of access may occur at any time, with or without notice, and for any reason or for no reason, in CubeDash’s unfettered discretion.
C. Terms and Conditions Applicable to Website Access and Transportation Services
22. NO CONSEQUENTIAL DAMAGES - CUBEDASH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES OR TRANSPORTATION SERVICES OR WITH REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE, OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. CUBEDASH CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN NO EVENT, CUBEDASH SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT CUBEDASH HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
23. Attorneys’ Fees and Costs - Should any legal proceeding be commenced between the Customer or a user of the Website and CubeDash concerning the terms of this Agreement, any claim related to freight or brokerage charges or any cargo loss or damage, access to and use of this Website, or any other rights and duties of the parties, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to costs, expenses and reasonable attorney fees.
24. Forum Selection and Choice of Law – Any claim, dispute or litigation relating to these Terms and Conditions, any shipment scheduled or tendered hereunder or through CubeDash’s website or relating to all disputes between CubeDash and the enrolled Customer, Shipper and/or Consignee and/or Brokers for any enrolled Customer. Shipper and/or Consignee shall be filed in the state or federal courts located in Los Angeles County, California and shall be subject to California law.
25. Changes to Terms and Conditions – CubeDash shall have the right at any time to change or modify the terms and conditions applicable to Customer’s uses of CubeDash’s Website or Services, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to electronic or conventional mail, or by any other means by which Customer obtains notice thereof. Any use of CubeDash’s services or this website by Customer after such notice shall be deemed to constitute acceptance by Customer of such changes, modifications or additions.
26. Binding Effect - The individual purchasing the goods and/or services on behalf of Customer acknowledges and agrees that he/she has the express and actual authority to bind Customer to this Agreement. This Agreement will be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and assigns.
27. Severability - If any term, condition or provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall be unaffected.