Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Shipper," "Carrier," or "you") and Callio Freight Brokering ("Callio," "we," "us," or "our"), governing your access to and use of the website located at freightbroker.callio.us and all related freight brokering services (collectively, the "Services").

If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

Callio Freight Brokering is a licensed and bonded freight broker registered with the Federal Motor Carrier Safety Administration (FMCSA). Our Services include:

• Connecting shippers with vetted motor carriers for freight transportation
• Arranging Full Truckload (FTL) and Less Than Truckload (LTL) shipments
• Facilitating expedited, specialized, and intermodal freight services
• Providing freight quotes, logistics consulting, and carrier intake tools
• Issuing rate confirmations and managing freight documentation

Callio acts solely as a broker and does not take possession, custody, or control of any freight. All transportation is performed by independent motor carriers.

3. User Eligibility and Account

You must be at least 18 years of age and legally authorized to enter into binding contracts to use our Services. By submitting a quote request or using any of our Services, you represent and warrant that:

• You are at least 18 years of age;
• You have the legal authority to ship or arrange the transportation of the described freight;
• All information you provide is accurate, complete, and current;
• You will promptly notify us of any changes to your information.

4. Freight Quotes and Rates

4.1 Quote Requests

Submitting a quote request through our website or by phone does not constitute a binding contract. All quotes are subject to carrier availability, market conditions, and final verification of shipment details.

4.2 Rate Confirmation

A binding freight agreement is only established upon both parties executing a written Rate Confirmation. The Rate Confirmation will specify the agreed rate, pickup and delivery requirements, accessorial charges, and applicable terms.

4.3 Rate Changes

Quoted rates may change if shipment details provided are inaccurate or if additional services (detention, layover, redelivery, etc.) are required. Callio will notify you of any rate adjustments before they are incurred where practicable.

5. Shipper Responsibilities

As a Shipper, you agree to:

• Provide accurate and complete freight descriptions, dimensions, weights, and commodity classifications;
• Properly package, label, and prepare all freight for transportation in compliance with applicable regulations;
• Ensure freight is ready for pickup at the agreed time and location;
• Comply with all applicable local, state, and federal laws and regulations regarding the shipment of goods;
• Disclose any hazardous materials, regulated cargo, or special handling requirements in advance;
• Pay all agreed charges, including freight charges and any applicable accessorials, within the agreed payment terms.

6. Carrier Requirements

All carriers operating under Callio's authority must maintain the following at all times:

• Valid FMCSA operating authority (MC number in active status)
• Minimum cargo insurance of $100,000 per occurrence
• Minimum auto liability insurance of $1,000,000 per occurrence
• Valid USDOT number and compliance with all FMCSA regulations
• Compliance with Callio's carrier agreement and onboarding requirements

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Callio's liability as a freight broker is limited to the brokerage services provided and does not extend to the actual transportation of freight.
• Callio shall not be liable for loss, damage, delay, or misdelivery of freight, which is the responsibility of the motor carrier.
• In no event shall Callio be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of our Services.
• Callio's total aggregate liability shall not exceed the brokerage fees paid by you for the specific shipment giving rise to the claim.

Freight claims against the carrier must be filed in accordance with the Carmack Amendment (49 U.S.C. § 14706) and any applicable tariff provisions.

8. Payment Terms

Payment terms are as specified in the applicable Rate Confirmation. Unless otherwise agreed in writing:

• Shipper invoices are due Net 30 from the invoice date;
• Carrier payments are issued Net 15 from receipt of complete and accurate carrier paperwork;
• Late payments may be subject to interest charges at 1.5% per month;
• Disputes regarding invoices must be raised in writing within 10 business days of receipt.

9. Prohibited Uses

You agree not to use our Services to:

• Transport illegal, hazardous, or prohibited materials without proper disclosure and authorization;
• Provide false or misleading information in any quote request or communication;
• Circumvent or attempt to circumvent our brokerage services after an introduction to a carrier;
• Engage in fraudulent double-brokering or other deceptive freight practices;
• Violate any applicable local, state, federal, or international law or regulation.

10. Intellectual Property

All content on the Callio Freight Brokering website, including text, graphics, logos, images, and software, is the exclusive property of Callio Freight Brokering and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written consent.

11. Dispute Resolution

Any disputes arising out of or relating to these Terms or our Services shall be resolved as follows:

1. Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation for a period of 30 days.
2. Mediation: If negotiation fails, the parties agree to attempt mediation with a mutually agreed mediator.
3. Arbitration: If mediation is unsuccessful, disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA), conducted in English.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction where necessary to prevent irreparable harm.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and applicable federal transportation law, including but not limited to the Interstate Commerce Act and regulations promulgated by the FMCSA. To the extent state law applies, the laws of the State of California shall govern.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by sending an email notification. Your continued use of our Services after the effective date of any changes constitutes your acceptance of the revised Terms.

14. Termination

Callio reserves the right to suspend or terminate your access to our Services at any time and for any reason, including violation of these Terms, fraudulent activity, or non-payment. Upon termination, all licenses and rights granted to you under these Terms will immediately cease. Provisions that by their nature should survive termination (including payment obligations, limitation of liability, and dispute resolution) shall survive.

15. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will otherwise remain in full force and effect. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

16. Entire Agreement

These Terms, together with any executed Rate Confirmations and our Privacy Policy, constitute the entire agreement between you and Callio regarding the use of our Services and supersede all prior agreements and understandings.