Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE . Your use of The Freight Engine website, having a “home page” located at www.thefreightengine.com (the “Website”), is expressly conditioned upon your acceptance of the following terms and conditions (collectively referred to herein as, the “Agreement”). By using the Website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Website.

1. This Website is owned and operated by Prologue Technology, LLC, which is doing business under the name “The Freight Engine” (“TFE”). The Website enables users to receive quotes for, execute, and pay for shipments of freight by third party carriers (“Carriers”).

2. You agree that TFE is only a freight broker and is not a freight carrier. TFE only acts as a liaison between you and Carriers. At no point does TFE accept consignment of freight; rather, by accepting a quote and consummating a shipment through this Website, you are consigning your shipment and freight directly to the applicable Carrier.

3. The quotes obtained through this Website are based on a variety of factors, including the freight type, weight, dimensions, pick-up and delivery requirements, distance of shipping, and information provided by Carriers. You agree and acknowledge that the quotes generated through the Website are dependent upon the accuracy of the information that you enter through the Website, as well as certain information provided by Carriers. You represent and warrant that, to the best of your knowledge, all information submitted through the Website is accurate. In the event that the information submitted through the Website is not accurate, or other variables compromise the accuracy of the quote generated through the Website (such as the accuracy of certain information provided by Carriers), you agree that you shall be responsible for paying any supplemental bills, invoices, surcharges, and other costs arising from any discrepancy between a quoted amount and the actual costs incurred in shipping the freight. You agree that TFE shall not be responsible or liable for any such additional costs.

4. You agree that freight transit times are not guaranteed, unless otherwise specifically noted as such within the freight quote. All other delivery times are estimates only. The actual delivery times may vary and may be influenced by factors outside of TFE’s control.

5. You agree that if your freight arrives damaged (or arrives with components missing), you will accept the shipment and clearly notate on the delivery receipt what is damaged or missing, in order for a claim to be correctly submitted. You agree to submit any claims for damaged or missing freight through the Website within 180 days from the date of delivery. You agree and acknowledge that TFE will only act as a liaison and provide reasonable assistance with the submission and processing of your claim with the applicable Carrier. For the avoidance of doubt, you agree and acknowledge that TFE will not be liable or responsible for any losses or damage to, or delay in the shipment of, your freight or any components thereof, nor does TFE make any representations, warranties, or guarantees of any kind regarding whether the applicable Carrier will reimburse you for any loss or damage to your freight. All disputes and claims regarding any losses or damages to, or delay in the shipment of, your freight are only between you and the applicable Carrier.

6. You agree that your shipments and freight will not be insured, unless you request and purchase cargo insurance at the time that you request the shipment through the Website. All claims and reimbursable amounts that you may seek under such insurance will be governed by the applicable insurance policy and federal, state, and/or local laws.

7. Unless otherwise agreed to, in writing, between you and TFE, payment for all services rendered by TFE will be made by credit card, which you hereby represent and warrant that you are authorized to use. You hereby authorize TFE to charge all amounts owed by you, in consideration for all services rendered by TFE, to the credit card that is registered for your account within the Website. You agree to pay monthly interest on any amounts that are owed to TFE, but not timely paid, at the rate of 1.5% of the outstanding balance.

8. You represent and warrant that you shall use the Website, and consummate all shipping transactions, in full compliance with all local, state, federal, and other applicable laws and regulations, including without limitation all applicable customs laws, import and export laws, and other applicable laws.

9. IN NO EVENT SHALL TFE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST FREIGHT, OR DAMAGED FREIGHT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY TFE OR ANY THIRD PARTY CARRIERS.

10. Without limiting the generality of the foregoing, you agree that TFE will not be liable, responsible, or held accountable in any way for any damages, injuries, or losses caused by: (a) any failure by you to comply with the terms of this Agreement or the instructions provided through the Website, (b) any failure by you to comply with the terms of shipment that are imposed by the applicable Carrier, and/or (c) your (or your designee’s) improper packing, marking, addressing, or other negligent acts, in connection with the shipment of your freight.

11. In addition, you agree that TFE shall not be liable, responsible, or held accountable in any way for delays (or lack of) deliveries caused by any type of force majeure event, including without limitation Acts of God, war, accidents, weather, delays due to governmental intervention, labor strikes and disturbances, or any other circumstances beyond FTE’s control.

12. This Website may be used only for lawful purposes. Shipment of any freight, using or through the Website, in violation of any local, state, federal or export control law or regulation is strictly prohibited.

13. This Website, and each of its parts, is the copyrighted property of TFE. None of the content or data found on this Website may be copied, reproduced, republished, uploaded, posted, distributed, sold, transferred, or modified without the express written permission of TFE.

14. TFE makes every effort to maintain 100% system availability, except during scheduled maintenance periods. Should we experience technical difficulties, TFE is not responsible for shipments or orders that are not processed or accepted.

15. In the event you violate or attempt to violate any part of this Agreement, TFE reserves the right to terminate your access to this Website immediately, in its sole discretion, with or without notice of any kind. TFE also reserves the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this Website.

16. You agree to indemnify, defend, and hold harmless TFE and its affiliates, officers, directors, employees, representatives and its third party Carriers from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys' fees and expenses) arising from your use of this Website and/or breach of this Agreement, regardless of the nature of the cause of action or claim.

17. This Agreement and its performance shall be governed by the laws of the State of Missouri, United States of America, without regard to its conflict of laws provisions.

18. TFE may at any time amend and modify this Agreement and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use. You may not modify this Agreement.