Terms of Service

Welcome to Xcarvan Logistics. These Terms of Service ("Terms") govern your access to and use of our website, services, and any related applications or platforms (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By using Xcarvan Logistics' Services, you represent that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal authority to enter into these Terms
• You will comply with all applicable laws and regulations
• All information you provide is accurate, current, and complete

2. Services Description

Xcarvan Logistics provides freight transportation and logistics services, including but not limited to:

• Dry van transportation
• Flatbed shipping
• Expedited delivery services
• Refrigerated transport
• Cross-border USA-Canada shipping
• Dedicated transportation solutions
• Online quote requests and shipment tracking

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Services, you may be required to create an account. You agree to:

• Provide accurate and complete registration information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account at our discretion if you violate these Terms, engage in fraudulent activity, or for any other reason we deem appropriate.

4. Service Agreements and Quotes

4.1 Quote Requests

Quote requests submitted through our website or other channels are not binding until formally accepted by Xcarvan Logistics. All quotes are subject to:

• Verification of shipment details and requirements
• Availability of equipment and capacity
• Market conditions and fuel surcharges
• Expiration within the timeframe specified in the quote

4.2 Service Contracts

Formal transportation agreements may be executed separately and will govern the specific terms of service, including rates, liability, insurance, and dispute resolution. In the event of any conflict between these Terms and a separate service agreement, the service agreement shall prevail.

5. Shipping and Cargo Requirements

5.1 Customer Responsibilities

As a customer, you are responsible for:

• Providing accurate shipment information (weight, dimensions, commodity description)
• Proper packaging and securing of cargo
• Compliance with all applicable laws and regulations
• Obtaining necessary permits, licenses, and documentation
• Declaring hazardous materials and special handling requirements
• Ensuring cargo is ready for pickup at the scheduled time

5.2 Prohibited Items

We do not transport:

• Illegal substances or contraband
• Improperly packaged hazardous materials
• Stolen goods or items obtained through fraud
• Items that violate intellectual property rights
• Any cargo we deem unsafe or inappropriate at our sole discretion

6. Payment Terms

6.1 Pricing and Fees

All prices are quoted in U.S. Dollars unless otherwise specified. Additional fees may apply for:

• Fuel surcharges (adjusted based on market conditions)
• Accessorial services (liftgate, inside delivery, detention, etc.)
• Expedited or time-critical shipments
• Special handling or equipment requirements
• Cross-border customs and brokerage fees

6.2 Payment Methods and Terms

We accept payment via credit card, ACH transfer, wire transfer, and company check. Payment terms are:

• New customers: Prepayment or credit approval required
• Established customers: NET 30 days from invoice date (subject to credit approval)
• Late payments subject to interest charges of 1.5% per month or the maximum allowed by law
• Unpaid invoices may result in service suspension and collection action

7. Liability and Insurance

7.1 Cargo Liability

Xcarvan Logistics maintains cargo insurance coverage up to $1,000,000 per occurrence, subject to the terms and conditions of our insurance policy. Our liability is limited to:

• Actual loss or damage to cargo while in our custody
• Documented value of goods (proof of value required)
• Exclusions for inherent vice, improper packaging, acts of God, and other standard exclusions

7.2 Claims Process

All cargo claims must be:

• Reported in writing within 48 hours of delivery
• Submitted with supporting documentation (photos, invoices, proof of value)
• Filed within 9 months of the delivery date
• Resolved in accordance with applicable federal and state regulations

7.3 Limitation of Liability

To the maximum extent permitted by law, Xcarvan Logistics shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, business interruption, or loss of data
• Delays caused by weather, traffic, mechanical failure, or other circumstances beyond our control
• Damages exceeding the declared value of the shipment or our insurance limits

8. Intellectual Property

All content on our website and Services, including text, graphics, logos, images, software, and design elements, is the property of Xcarvan Logistics or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, reproduce, distribute, or create derivative works without our written permission
• Use our trademarks, logos, or branding without authorization
• Reverse engineer, decompile, or disassemble any software or technology
• Remove or alter any copyright, trademark, or proprietary notices

9. User Conduct and Prohibited Activities

You agree not to:

• Use our Services for any unlawful or fraudulent purpose
• Interfere with or disrupt the operation of our Services or servers
• Attempt to gain unauthorized access to our systems or networks
• Transmit viruses, malware, or other harmful code
• Harass, threaten, or abuse our employees, contractors, or other users
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest information about other users without consent
• Use automated systems (bots, scrapers) to access our Services without permission

10. Indemnification

You agree to indemnify, defend, and hold harmless Xcarvan Logistics, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your cargo, including its nature, packaging, or contents
• Any third-party claims related to your shipments

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio and applicable federal laws, without regard to conflict of law principles.

11.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Dublin, Ohio, unless otherwise agreed by the parties.

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Guarantees of uninterrupted, timely, secure, or error-free service
• Accuracy, reliability, or completeness of information provided
• Results obtained from using our Services

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

13. Force Majeure

Xcarvan Logistics shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God (natural disasters, severe weather, earthquakes)
• War, terrorism, civil unrest, or government action
• Labor disputes, strikes, or lockouts
• Pandemics, epidemics, or public health emergencies
• Equipment failure, accidents, or road closures
• Supplier or carrier failures

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date. Your continued use of our Services after such changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

15. Severability

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

16. Entire Agreement

These Terms, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and Xcarvan Logistics regarding the use of our Services and supersede all prior or contemporaneous communications and proposals.

17. Contact Information

If you have questions or concerns about these Terms of Service, please contact us: