Carolina Expressways - Terms and Conditions of Use

Effective Date: November 2nd, 2025
Last Updated: November 2nd, 2025

1. Acceptance of Terms

Welcome to Carolina Expressways. These Terms and Conditions of Use ("Terms," "Terms of Use") govern your access to and use of the Carolina Expressways website located at [www.carolinaexpressways.com] (the "Website"), as well as any services, features, content, or applications offered by Carolina Expressways (collectively, the "Services").

By accessing or using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Website or Services.

Carolina Expressways reserves the right to modify, update, or change these Terms at any time without prior notice. Your continued use of the Website or Services following any changes constitutes acceptance of those changes. We encourage you to review these Terms periodically.

2. Eligibility and User Accounts

2.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our Services. By using our Website or Services, you represent and warrant that you meet these eligibility requirements.

2.2 Business Use

Our Services are intended for business-to-business (B2B) commercial use by shippers, carriers, and other logistics professionals. You represent that you are using our Services on behalf of a business entity and have the authority to bind that entity to these Terms.

2.3 Account Registration

Certain features of our Services may require you to register for an account. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Notify us immediately of any unauthorized access or security breach
Accept responsibility for all activities that occur under your account

You are solely responsible for any activities or actions taken under your account, whether or not you authorized such activities.

2.4 Account Termination

Carolina Expressways reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or failure to maintain required credentials or insurance coverage.

3. Use of Services

3.1 Permitted Use

You may use our Website and Services for lawful business purposes related to freight transportation, logistics, and supply chain management. You agree to use our Services in compliance with all applicable federal, state, and local laws, regulations, and industry standards, including but not limited to Federal Motor Carrier Safety Administration (FMCSA) regulations.

3.2 Prohibited Activities

You agree NOT to:

Use the Services for any unlawful, fraudulent, or unauthorized purpose
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Engage in double brokering or fraudulent freight activities
Transmit any malicious code, viruses, or harmful components
Attempt to gain unauthorized access to our systems, networks, or data
Interfere with or disrupt the integrity or performance of our Services
Use automated systems (bots, scrapers, spiders) to access our Services without permission
Copy, modify, reproduce, distribute, or create derivative works from our content without authorization
Collect or harvest personal information of other users
Post or transmit false, misleading, or deceptive information
Violate any applicable laws, regulations, or third-party rights
Use our Services to compete with Carolina Expressways or for benchmark purposes
Remove, obscure, or alter any proprietary notices or labels on our Website

3.3 Freight Brokerage Services

When engaging Carolina Expressways for freight brokerage services, you acknowledge and agree that:

Carolina Expressways acts as a property broker, not as a motor carrier
We arrange for transportation of freight through authorized third-party motor carriers
We do not own or operate transportation equipment
Specific terms for freight services are governed by separate broker-shipper and broker-carrier agreements
All shipments are subject to availability and acceptance
Rates quoted are estimates and may vary based on final shipment specifications

4. Intellectual Property Rights

4.1 Ownership

All content, features, and functionality on our Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Content"), are the exclusive property of Carolina Expressways or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Trademarks

The Carolina Expressways name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Carolina Expressways. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

4.3 Limited License

Subject to your compliance with these Terms, Carolina Expressways grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Website and Services for their intended business purposes. This license does not include any right to:

Resell or make commercial use of our Services or Content
Collect or use product listings, descriptions, or prices
Make derivative uses of our Services or Content
Download or copy account information for the benefit of another party
Use any data mining, robots, or similar data gathering or extraction methods

4.4 User Content

By submitting, posting, or transmitting any content, information, or materials to our Website or Services ("User Content"), you grant Carolina Expressways a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

You represent and warrant that you own or have the necessary rights to submit User Content and that such content does not violate any third-party rights or applicable laws.

5. Quotes and Pricing

5.1 Quote Requests

Freight quotes provided through our Website or by our representatives are estimates based on the information provided. Final pricing is subject to verification of shipment details, equipment requirements, and market conditions.

5.2 No Binding Obligation

Quotes provided do not constitute a binding contract or commitment to provide services until accepted by both parties through a formal agreement or load confirmation. Carolina Expressways reserves the right to decline any shipment request.

5.3 Price Changes

Quoted rates are subject to change based on fuel surcharges, accessorial charges, market conditions, and verification of actual shipment specifications. Any material changes to shipment details may result in adjusted pricing.

6. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Carolina Expressways. We provide these links for your convenience only and do not endorse or assume responsibility for the content, privacy policies, or practices of any third-party sites or services.

You acknowledge and agree that Carolina Expressways shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any third-party content, goods, or services available through such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

CAROLINA EXPRESSWAYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
WARRANTIES THAT DEFECTS WILL BE CORRECTED

We do not warrant that our Website or Services will meet your requirements or expectations, or that any information obtained through our Services will be accurate or reliable.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAROLINA EXPRESSWAYS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, data, or use
Business interruption
Loss of goodwill or reputation
Cost of procurement of substitute goods or services

WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF CAROLINA EXPRESSWAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO CAROLINA EXPRESSWAYS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:

Death or personal injury caused by negligence
Fraud or fraudulent misrepresentation
Any liability that cannot be limited or excluded by law

9. Indemnification

You agree to defend, indemnify, and hold harmless Carolina Expressways, its affiliates, and their respective officers, directors, employees, agents, contractors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from:

Your use or misuse of our Website or Services
Your violation of these Terms
Your violation of any third-party rights, including intellectual property rights
Your violation of any applicable laws or regulations
Any User Content you submit or transmit through our Services
Any fraudulent, negligent, or wrongful conduct

This indemnification obligation will survive termination of these Terms and your use of our Services.

10. Shipping Terms and Carrier Liability

10.1 Broker Status

Carolina Expressways operates as a licensed property broker under the authority of the Federal Motor Carrier Safety Administration (FMCSA). We do not own or operate transportation equipment and arrange for the transportation of freight through authorized third-party motor carriers.

10.2 Carrier Responsibility

All freight transportation is performed by independent third-party motor carriers. The motor carrier performing the transportation is responsible for cargo loss or damage in accordance with federal regulations and the terms of the applicable bill of lading.

10.3 Cargo Claims

Claims for cargo loss or damage must be filed in accordance with applicable law and the terms of the transportation agreement. Carolina Expressways will cooperate in facilitating claims but is not liable as a carrier for cargo loss or damage.

10.4 Separate Agreements

Detailed terms and conditions for freight brokerage services, including liability, claims procedures, payment terms, and other operational matters, are governed by separate broker-shipper agreements and broker-carrier agreements entered into between the parties.

11. Payment Terms

11.1 General Payment Obligations

All fees and charges for services are due and payable in accordance with the terms specified in your service agreement or invoice. Unless otherwise stated, payment terms are net 30 days from invoice date.

11.2 Late Payment

Past due amounts may be subject to late payment fees of 1.5% per month (or the maximum rate permitted by law, whichever is lower) and collection costs, including reasonable attorney's fees.

11.3 Disputed Charges

If you dispute any charges, you must notify Carolina Expressways in writing within 30 days of the invoice date. You remain obligated to pay all undisputed amounts.

11.4 Suspension for Non-Payment

Carolina Expressways reserves the right to suspend or terminate Services for any account with past due balances.

12. Privacy and Data Protection

Your use of our Services is subject to our Privacy Policy, which explains how we collect, use, disclose, and protect your personal information. By using our Services, you consent to our collection and use of information as described in our Privacy Policy.

We implement reasonable security measures to protect your information, but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

13. Communications

13.1 Electronic Communications

By using our Services, you consent to receive electronic communications from Carolina Expressways, including emails, text messages, push notifications, and notices posted on our Website. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

13.2 Marketing Communications

If you provide your contact information, you may receive marketing communications from us. You can opt out of marketing emails by clicking the "unsubscribe" link or contacting us at [contact email]. Opting out of marketing communications will not affect transactional or service-related communications.

13.3 Text Messages

If you provide your mobile phone number, you consent to receive text messages related to your shipments and services. Standard message and data rates may apply. You may opt out by replying STOP to any text message.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact Carolina Expressways at [legal@carolinaexpressways.com] to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally within 30 days.

14.2 Binding Arbitration

If the dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

14.3 Arbitration Procedures

The arbitration shall be conducted in [Insert County/City, State]
The arbitration shall be conducted by a single arbitrator
Each party shall bear its own costs and fees, including attorney's fees, unless otherwise awarded by the arbitrator
The arbitrator's decision shall be final and binding
Judgment on the arbitration award may be entered in any court having jurisdiction

14.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek equitable relief in court for infringement or misappropriation of intellectual property rights, and either party may seek relief in small claims court for disputes within that court's jurisdiction.

14.5 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND CAROLINA EXPRESSWAYS INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14.6 Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND CAROLINA EXPRESSWAYS WAIVE ANY RIGHT TO A JURY TRIAL.

15. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to these Terms or your use of our Services shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Carolina Expressways agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in [Insert County, State].

16. Force Majeure

Carolina Expressways shall not be liable for any failure or delay in performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to:

Acts of God, natural disasters, weather events
War, terrorism, civil unrest
Government actions, laws, or regulations
Labor disputes or strikes
Pandemics or public health emergencies
Failures of telecommunications, internet, or computer systems
Supplier failures or shortages

During any such force majeure event, our performance obligations shall be suspended for the duration of the event.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.

18. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Carolina Expressways' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Carolina Expressways may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies incorporated by reference, constitute the entire agreement between you and Carolina Expressways regarding your use of our Website and Services, and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written, between you and Carolina Expressways.

21. Survival

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.

22. No Third-Party Beneficiaries

These Terms are for the benefit of, and shall be enforceable by, the parties hereto and their respective successors and permitted assigns. Nothing in these Terms, express or implied, is intended to confer upon any other person any rights or remedies.

23. Section Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

24. Federal Regulations

As a licensed freight broker, Carolina Expressways operates under the authority of the Federal Motor Carrier Safety Administration (FMCSA). Our operations are subject to applicable federal regulations, including 49 CFR Part 371 (Brokers of Property).

All parties using our Services acknowledge that freight brokerage services are subject to federal transportation regulations and agree to comply with all applicable FMCSA requirements.

25. State-Specific Provisions

25.1 California Residents

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at the above address and phone number.

26. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

Carolina Expressways
440 Monticiello Ave., Suite# 1802, Norfolk, VA 23510-2670
Email: legal@carolinaexpressways.com
Phone: (540) 200-2075
Hours: 9am to 5pm (EST), Monday through Friday

All legal notices to Carolina Expressways must be sent to the above address via certified mail, return receipt requested.

27. Acknowledgment

BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

IMPORTANT LEGAL NOTICE: This Terms and Conditions of Use template should be reviewed and customized by qualified legal counsel before implementation to ensure compliance with all applicable federal, state, and local laws, including FMCSA regulations, state-specific consumer protection laws, and industry-specific requirements relevant to your freight brokerage operations.