Terms of Service

These Terms of Service ("Terms") form a binding agreement between **Stretch XL Freight LLC** (a South Carolina limited liability company, USDOT 4420905, MC 01732149, "SXLF", "we", "us") and the carrier, shipper, broker, or other business user ("you") accessing stretchxlfreight.com or our carrier dashboard. By signing in, clicking "I agree" on any acknowledgment modal, posting a load, or submitting a bid, **you accept these Terms**. If you don't agree, don't use the service. ## 1. The service SXLF operates as a **federally-licensed freight broker** under 49 USC § 13901 et seq. We connect shippers with motor carriers. We do not own, lease, or operate trucks. We do not handle freight. The carrier physically transports the cargo and is responsible for it under the Carmack Amendment (49 USC § 14706) and applicable state law. Our role is to match, contract, and settle. ## 2. Your account + acknowledgments You agree to: - Provide accurate identity information (legal name, DOT, MC, insurance, contact info). - Maintain active FMCSA authority and insurance throughout your use of the service. - Keep your login credentials confidential. You are responsible for activity on your account. - Notify us promptly if your authority lapses, your insurance lapses, or you change ownership. You acknowledge and consent to: - **Dashboard activity logging** as described in our [Privacy Policy](https://stretchxlfreight.com/privacy/). - **Background and authority checks** — we may pull FMCSA SAFER records, insurance verifications, and similar public-source data at any time. - **Phone-call recording** for quality and dispute resolution (South Carolina one-party-consent rule). - **GPS / location data** during active loads where required for shipper visibility. - **Email communications** (marketing + service) and **SMS** (TCPA-compliant, reply STOP to opt out of SMS, unsubscribe link in marketing email). ## 3. Independent contractor — not employees You acknowledge that you are an **independent business** — not an SXLF employee, agent, partner, or joint-venturer. SXLF does not control how, when, or where you operate. You bear your own operating costs, taxes, insurance, and liability. Nothing in these Terms creates a partnership, agency, franchise, or employment relationship. ## 4. Carrier responsibilities — cargo liability Where you are the carrier: - You bear **full primary liability** for cargo loss, damage, theft, contamination, or delay under the Carmack Amendment. - You must carry **at minimum** $1,000,000 auto liability and $100,000 cargo coverage (or more if the load specifies). - You name SXLF as an additional insured / certificate holder when requested. - Claims by shippers are routed to you. You handle them directly with your insurer. - You indemnify SXLF (see § 8) for cargo-related claims arising from your transportation services. ## 5. Service "AS IS" — no warranties To the maximum extent permitted by South Carolina law: - The service is provided **"AS IS" and "AS AVAILABLE"** without warranties of any kind, express or implied. - We **disclaim all implied warranties** of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and uninterrupted availability. - Load data, rate intel, lane averages, and similar information are **aggregated from third-party sources and may be inaccurate, stale, or incomplete**. You are responsible for verifying any data before using it to bid, dispatch, or invoice. - Carrier safety ratings displayed from FMCSA SAFER reflect the agency's records at the time of pull, not real-time status. ## 6. Limitation of liability To the maximum extent permitted by South Carolina law: - SXLF's **aggregate liability** to you for all claims arising out of or related to these Terms or the service is **limited to the total fees you have actually paid to SXLF in the 12 months preceding the claim** — or **$100, whichever is greater**. - SXLF is **not liable for indirect, incidental, consequential, special, exemplary, or punitive damages**, including lost profits, lost revenue, lost loads, lost data, business interruption, or replacement-cost damages, even if advised of the possibility. - SXLF is **not liable for losses caused by**: (a) third-party brokers, shippers, or carriers; (b) inaccurate or delayed third-party data (FMCSA, load board sources, geocoding); (c) network, hosting, or telecommunications failures outside our reasonable control; (d) acts or omissions of your subcontractors or drivers; (e) cargo loss or damage in transit (see § 4). ## 7. Negligence waiver (within South Carolina law) You waive, to the maximum extent permitted by South Carolina law, claims against SXLF based on **ordinary negligence**. This waiver does **not** apply to claims arising from SXLF's **gross negligence, willful misconduct, or fraud** — those remain available to you under South Carolina law, which does not permit waiver of gross negligence or willful misconduct in any contract. ## 8. Indemnification You will indemnify, defend, and hold harmless SXLF, its officers, directors, employees, and affiliates from any claim, loss, damage, liability, settlement, or expense (including reasonable attorneys' fees) arising from: - Your use of the service in violation of these Terms or applicable law. - Your transportation of freight, including cargo loss, damage, delay, theft, accidents, environmental release, or personal injury. - Your breach of any representation, warranty, or covenant in these Terms. - Any third-party claim that your acts or omissions caused harm to a shipper, consignee, or other party. SXLF will indemnify you for direct losses arising solely from SXLF's gross negligence or willful misconduct, subject to the limits in § 6. ## 9. Force majeure Neither party is liable for failure to perform caused by events outside its reasonable control: weather, natural disasters, war, terrorism, civil unrest, pandemic, government action, fuel-supply disruption, labor action, internet or telecommunications failure, or third-party hosting outages. ## 10. Subscription, trial, billing - The 30-day trial provides full carrier dashboard access at no charge and requires no payment information. - After trial: if you elect to continue, the carrier subscription is billed monthly per the rates posted on stretchxlfreight.com/carriers/pricing. You may cancel anytime; cancellation prevents the next billing cycle but does not refund the current month. - Late payment fees, returned-payment fees, and similar charges follow the published billing terms. - We may suspend access for non-payment after 7 days past due, with email notice. ## 11. Free broker load posting Where you post loads to SXLF as a broker: - Posting is free. There are no platform fees, no monthly subscription, no per-load fees. - You retain full control of your load — accept, reject, or negotiate bids on your own terms. - SXLF is not party to the resulting carrier-broker contract; we facilitate the introduction. - You represent that you have authority to post the load and that the load information is accurate. ## 12. Acceptable use You will not: - Post fraudulent loads or fictional freight. - Impersonate another DOT, MC, or person. - Scrape, mirror, or republish the SXLF load board or any rate data outside permitted use. - Use automated tools (bots, scrapers) to interact with the service without our written consent. - Use SXLF data to compete directly against SXLF (build a competing brokerage on top of our load feed). - Attempt to access another carrier's, broker's, or shipper's account. - Violate any applicable federal, state, or local law in connection with the service. Violation may result in immediate suspension, termination, and forfeiture of any pending payments under § 14. ## 13. Dispute resolution — arbitration + class waiver Most disputes can be resolved by emailing quotes@stretchxlfreight.com. If we can't resolve a dispute informally within 30 days: - **Arbitration**: All disputes arising out of or related to these Terms or the service will be resolved by **binding arbitration** administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in **Greenville, South Carolina** or by virtual hearing at the parties' joint election. - **Individual basis only**: You and SXLF each waive any right to participate in a **class action**, collective action, or representative proceeding. - **Jury trial waiver**: You and SXLF each waive any right to a jury trial. - **Carve-out for IP and equitable relief**: Either party may seek injunctive or equitable relief in court (without arbitration) to protect intellectual property, trade secrets, or confidentiality. - **Statute of limitations**: Any claim must be filed within **one (1) year** of the event giving rise to it. Claims filed after that are waived to the extent permitted by South Carolina law. ## 14. Termination - You may terminate by ending your subscription and closing your account at any time. - We may terminate or suspend your access immediately if you (a) violate these Terms, (b) lose required FMCSA authority or insurance, (c) become insolvent or file for bankruptcy, or (d) fail to pay amounts due after notice. - Sections that should reasonably survive termination (4, 5, 6, 7, 8, 9, 13, 14, 15) survive. ## 15. Miscellaneous - **Governing law**: South Carolina, without regard to its conflict-of-laws principles. Federal preemption applies where federal motor-carrier law controls (49 USC § 14501 et seq.). - **Venue** (for any matter not subject to arbitration): state or federal courts in **Greenville County, South Carolina**. - **Entire agreement**: These Terms + the Privacy Policy are the entire agreement between you and SXLF on the subject matter and supersede prior agreements. - **No waiver**: SXLF's failure to enforce any provision is not a waiver. - **Severability**: If any provision is unenforceable, the remainder stays in effect. - **Assignment**: You may not assign these Terms without our written consent. We may assign in a merger, acquisition, or sale of substantially all assets. - **Updates**: We may modify these Terms with notice in the dashboard and an email. Continued use after the effective date is acceptance. - **Notices**: To SXLF at quotes@stretchxlfreight.com. To you at the email on your account. ## 16. Contact Stretch XL Freight LLC
USDOT 4409725 · MC 01732149
Easley, SC 29642
quotes@stretchxlfreight.com · 855-564-4788 --- These Terms are drafted for clarity and reflect generally enforceable South Carolina B2B contract principles. They are not a substitute for advice from a licensed South Carolina attorney. Before relying on these in a dispute, SXLF recommends review by counsel familiar with FMCSA brokerage law and South Carolina commercial contracts.