Terms of Service

These Terms of Service (the “Terms”) govern your use of avenportlogisticsnet.com and any freight brokerage, dispatch coordination or transportation management services provided by Avenport Logistics LLC, a Wyoming limited liability company (“Avenport”, “we”, “us” or “our”).

1. Agreement to these terms

By using this website, submitting a freight quote request, or tendering freight to us, you agree to these Terms. If you are agreeing on behalf of a company, you represent that you are authorised to bind it, and “you” means that company.

Where you and Avenport have signed a separate written brokerage, shipper or broker–carrier agreement, that agreement controls to the extent it conflicts with these Terms. These Terms govern everything it does not address.

2. Our role & services

Avenport operates as a third-party logistics provider and property broker. We arrange for the transportation of freight by contracting with licensed motor carriers. We are not a motor carrier: we do not operate trucks, we do not employ drivers, and we do not take physical custody of freight at any point.

Our services include:

• Quoting lanes and sourcing capacity on contract and spot freight.
• Verifying carrier operating authority, safety rating and insurance before a load is tendered.
• Issuing rate confirmations and bills of lading, and coordinating pickup and delivery appointments.
• Tracking loads in transit, conducting check calls, and reporting exceptions to the shipper.
• Collecting proof of delivery, documenting accessorials, and settling the carrier.

Nothing on this website is an offer capable of acceptance. Rates quoted are valid only as stated on a written rate confirmation and are subject to capacity at the time of dispatch.

3. Shipper obligations

When you tender freight to us, you agree that:

• The commodity, weight, piece count, dimensions, temperature requirements and hazard classification you give us are accurate and complete. Rates, equipment selection and legal compliance all depend on them.
• Freight is properly packaged, blocked, braced and labelled for the transportation mode, and any hazardous material is offered in compliance with 49 CFR Parts 171–180 with correct shipping papers, placards and emergency response information.
• You hold the right to tender the freight, and the freight is not stolen, contraband, or prohibited by law.
• Loading and unloading facilities are accessible to the equipment ordered, and you will notify us in advance of any appointment window, dock restriction, liftgate or driver-assist requirement.
• You will inspect freight at delivery and note any overage, shortage or damage on the delivery receipt before signing it. An unqualified clean signature severely limits what can later be recovered on a claim.

4. Carrier obligations

Motor carriers hauling freight arranged by Avenport must, at all times:

• Hold active interstate operating authority and current registration with the Federal Motor Carrier Safety Administration for the type of freight carried.
• Maintain cargo insurance of at least $100,000 and auto liability of at least $1,000,000, evidenced by a certificate from the agent of record naming Avenport as certificate holder, and give notice before cancellation or material change.
• Comply with all applicable safety regulations, including hours-of-service, driver qualification, drug and alcohol testing, and cargo securement under 49 CFR Part 393.
• Not re-broker, co-broker, interline or subcontract any load without Avenport’s prior written consent. Re-brokering is a material breach and grounds for immediate removal from the network and withholding of payment pending investigation.
• Provide check calls on the cadence stated on the rate confirmation and report any delay, breakdown, accident, temperature excursion or cargo damage immediately.
• Return a legible signed bill of lading and proof of delivery as a condition of payment.

5. Rates, accessorials & payment

The rate confirmation is the controlling commercial document for a shipment. It states the linehaul rate, the fuel surcharge, the agreed accessorial schedule, free time at each stop, and the detention, layover, truck-order-not-used and driver-assist rates that apply.

• Accessorial charges are payable only where the underlying event is documented — detention is calculated from the check-in and check-out times recorded at the facility.
• Charges not stated on the rate confirmation are not payable unless agreed in writing before they are incurred.
• Invoices are due on the terms stated on the invoice. Overdue amounts may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law.
• Set-off. You may not withhold payment of undisputed charges on account of a pending cargo claim; claims are resolved on their own merits under the section below.

6. Cargo claims & liability

Because Avenport arranges transportation rather than performing it, cargo loss and damage liability rests with the motor carrier that transported the freight, subject to the Carmack Amendment (49 U.S.C. § 14706) and the carrier’s own tariff and insurance.

Avenport will assist with claim presentation, provide the documentation in our possession, and pursue the carrier and its insurer on your behalf. We do not act as the insurer of your freight and do not assume carrier liability.

• Note visible loss or damage on the delivery receipt at the time of delivery. Report concealed damage in writing within 5 days of delivery.
• File the written claim within 9 months of delivery, or of the date delivery should have been made, as required by 49 CFR Part 370.
• Mitigate loss where reasonably possible, preserve the damaged freight and its packaging for inspection, and provide the commercial invoice, bill of lading, delivery receipt and a statement of the claimed amount.

Unless a separate signed agreement says otherwise, Avenport is not liable for special, incidental, consequential or punitive damages, including lost profits, production downtime, market loss or loss of goodwill, arising from any delay, loss or damage to freight.

7. Communications & messaging terms

Avenport operates an SMS text messaging programme for shippers, consignees and carrier contacts who have given express written consent. These terms govern that programme.

7.1 Programme purpose

The programme is transactional and support-related only. It is not a marketing programme, and we do not send promotional SMS. Messages are limited to:

• Transactional load dispatch notifications, including rate and capacity confirmations.
• Driver check-in and check-out updates while a load is in transit.
• Arrival, departure, delay and exception alerts against scheduled appointments.
• Proof-of-delivery confirmation and document requests.
• Direct business-to-business logistics customer support from our dispatch desk.

7.2 How consent is obtained

Consent is obtained through the checkbox on the freight quote form of this website. That checkbox is unchecked by default and must be affirmatively ticked by you before the form can be submitted. We record the wording shown to you and the date and time you ticked it. Providing a telephone number without ticking the box does not opt you in. Consent is not a condition of service or purchase: we will quote, dispatch and deliver your freight whether or not you opt in to SMS.

7.3 Message frequency

Message frequency varies based on active freight shipments. A shipper with no load in transit typically receives no messages at all; a shipper with an active, time-critical load may receive several in a day.

7.4 Opting out

You may cancel at any time by replying STOP to any message you receive from us. We will send a single confirmation message and then send no further messages to that number unless you opt in again. Replying STOP is the fastest route; you may also email karenlie@avenportlogisticsnet.com or call +1 (315) 201-0599 and ask to be removed.

7.5 Help & support

For help, reply HELP to any message and you will receive our contact information. You can also reach our support team at karenlie@avenportlogisticsnet.com or +1 (315) 201-0599. Our dispatch desk is staffed 24 hours a day, 7 days a week, including holidays.

7.6 Carriers, rates and delivery

Standard message and data rates may apply to every message sent and received, according to your plan with your wireless provider. Wireless carriers are not liable for delayed or undelivered messages. Message delivery depends on your handset, your plan and your carrier’s network, none of which we control. Supported carriers may change without notice.

7.7 Keeping your number current

Tell us if the number you enrolled changes or is reassigned. You agree not to enrol a number that is not yours, and you agree to indemnify us against claims arising from your enrolment of a number you were not authorised to enrol.

7.8 Privacy of messaging data

Mobile telephone numbers and opt-in consent records are handled as described in our Privacy Policy. No mobile information is shared with third parties or affiliates for marketing or promotional purposes.

8. Acceptable use of this website

You agree not to:

• Submit false, misleading or fraudulent information through any form on this website.
• Enrol a telephone number you do not own or are not authorised to enrol, or submit another person’s personal information without their permission.
• Attempt to gain unauthorised access to the site, its infrastructure or any connected system, or probe, scan or test its security without our prior written consent.
• Use automated means to scrape, harvest or overload the site, or to interfere with its availability for others.
• Use the site or our services for any unlawful purpose or in breach of these Terms.

9. Intellectual property

The Avenport name, logo, wordmark, site design, text, graphics and code are owned by Avenport Logistics LLC or its licensors and are protected by United States and international intellectual property law. You may view and print pages of this site for your own business evaluation. You may not copy, reproduce, republish, frame, sell or create derivative works from any part of it without our prior written permission.

Third-party names, including those of regulatory bodies and other companies referenced on this site, are the property of their respective owners and are used for identification only. Their use does not imply affiliation or endorsement.

10. Disclaimers

This website and its content are provided “as is” and “as available”. To the fullest extent permitted by law, Avenport disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Equipment specifications, transit-time estimates, coverage descriptions and service targets published on this site are reference information and operating targets, not guarantees. Actual transit times, capacity and rates depend on the lane, the market, the season, weather, border clearance and facility performance, and are committed to only on a written rate confirmation.

11. Limitation of liability

To the fullest extent permitted by law, Avenport and its members, officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business opportunity, production downtime, market loss or loss of goodwill, arising out of or relating to this website, these Terms or our services, whether in contract, tort, strict liability or otherwise, and whether or not we were advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to a shipment is limited to the amount of the brokerage charges we invoiced for that shipment. Our total aggregate liability arising out of or relating to this website is limited to one hundred United States dollars (US$100).

Nothing in these Terms limits liability that cannot lawfully be limited, including liability for fraud, for fraudulent misrepresentation, or for death or personal injury caused by negligence. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless Avenport and its members, officers, employees and agents from any claim, liability, loss, fine, penalty or expense (including reasonable legal fees) arising out of your breach of these Terms, your misdescription of tendered freight, your tender of improperly packaged or undeclared hazardous material, your violation of any law or regulation, or your enrolment of a telephone number you were not authorised to enrol.

13. Term & termination

These Terms apply for as long as you use this website or our services. We may suspend or terminate access to the website, or decline to accept a freight tender, at our discretion and without notice, including where we reasonably suspect fraud, misdescription of freight, or breach of these Terms. Sections that by their nature should survive termination — including claims, liability, indemnity, intellectual property and governing law — do survive it.

14. Governing law & disputes

These Terms and any dispute arising out of them or out of your use of this website are governed by the laws of the State of Florida, United States, without regard to its conflict-of-law provisions. The state and federal courts located in Osceola County, Florida have exclusive jurisdiction, and you consent to venue there. Nothing in this section displaces a federal statute that governs a cargo claim, including the Carmack Amendment.

Before filing suit, the parties will attempt in good faith to resolve the dispute by giving written notice describing it and allowing 30 days to reach a resolution.

15. General provisions

• Entire agreement — these Terms, together with the Privacy Policy and any signed brokerage agreement and rate confirmation, are the entire agreement between you and Avenport on their subject matter.
• Severability — if any provision is held unenforceable, the rest remains in force and the unenforceable provision is modified to the minimum extent necessary.
• No waiver — our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment — you may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets.
• Force majeure — neither party is liable for failure to perform caused by events beyond its reasonable control, including severe weather, natural disaster, strike, civil unrest, act of government, border closure or failure of public infrastructure.
• Changes — we may update these Terms; the effective date at the top of this page shows the current version, and material changes will be announced on this website. Continued use after a change means you accept it.
• No third-party beneficiaries — these Terms create no rights in anyone other than you and Avenport.

16. How to contact us

Questions about these Terms, or about a shipment, should go to:

• Email — karenlie@avenportlogisticsnet.com
• Dispatch line — +1 (315) 201-0599, staffed 24 hours a day, 7 days a week, including holidays
• Post — Avenport Logistics LLC, Principal Operating Office, 2883 Clipper Cove LN, Kissimmee, FL 34741, United States
• Registered Corporate Office — Avenport Logistics LLC, 30 N Gould St, Ste N, Sheridan, WY 82801, United States. Formal legal notices and service of process may be delivered here.