Disclaimer
FREIGHT COMMERCE EXCHANGE Mutual Platform & Member Responsibility Disclaimer Effective Date: July 3, 2023 Freight Commerce Exchange (“FCE,” “the Exchange,” “we,” “us,” or “our”) is a mutual business networking and commerce platform designed to provide members with tools, information, resources, and opportunities to connect with other participants in the transportation, logistics, shipping, and related industries. A Member-Driven Platform Freight Commerce Exchange operates on the principle that every member has both an opportunity and a responsibility to contribute to the integrity of the Exchange. FCE provides the marketplace and the tools. Members remain responsible for protecting and advancing their own business interests. Membership in Freight Commerce Exchange does not create an agency, partnership, joint venture, employment, fiduciary, brokerage, or other representative relationship between FCE and any member unless expressly established by a separate written agreement. Members Are Responsible for Their Own Interests Each member is independently responsible for evaluating and protecting their own business, financial, legal, operational, and commercial interests. Before entering into a transaction or business relationship, members should conduct appropriate due diligence. This may include independently verifying: •Identity and business information; •USDOT and motor carrier authority; •Insurance coverage; •Licenses, permits, and registrations; •Creditworthiness and payment history; •References and business reputation; •Equipment and operating capabilities; •Rates, charges, and payment terms; •Contracts and contractual obligations; •Cargo requirements; •Safety information; and •Any other information material to the proposed transaction. Information, ratings, reviews, vetting results, verification indicators, or other information available through FCE should be considered business tools rather than guarantees. Each member ultimately determines whether to accept a load, hire a carrier, engage a supplier, extend credit, enter into a contract, or otherwise conduct business with another party. Member-Policed Community Freight Commerce Exchange is designed to be, in significant part, policed by its members. Members are encouraged to help maintain the integrity of the Exchange by reporting suspected: •Fraud; •Double brokering; •Identity theft or identity misuse; •Cargo theft; •Payment fraud; •Misrepresentation; •Falsified credentials; •Unprofessional conduct; •Material breaches of agreement; •Abuse of the platform; and •Violations of FCE membership rules or its Code of Conduct. Member reports may assist FCE and other members in identifying potential risks. However, a report is not necessarily proof of wrongdoing. FCE may review reports, request supporting documentation, provide an affected member an opportunity to respond where appropriate, and act consistently with FCE policies. Depending upon the circumstances, FCE may issue warnings, restrict platform privileges, suspend an account, revoke membership, or take other appropriate action. Ratings, Reviews, and Member Reports Ratings, reviews, comments, complaints, and other member-generated information generally represent the experiences or opinions of the members providing that information and do not necessarily represent the views of Freight Commerce Exchange. Members are responsible for the accuracy and legitimacy of information they submit. Members should not knowingly submit false, misleading, fraudulent, malicious, or defamatory information. FCE reserves the right to review, moderate, restrict, remove, or investigate member-generated information when appropriate under FCE policies. Vetting Is Not a Guarantee FCE may provide or facilitate vetting, verification, ratings, references, credential checks, or similar services to assist members in making informed decisions. However, circumstances can change. A carrier's authority may change. Insurance may expire or be cancelled. Business ownership may change. Credit conditions may deteriorate. Credentials may become outdated. A previously satisfactory business relationship may experience problems. Accordingly, an FCE verification, rating, vetting result, or membership status should not be interpreted as a guarantee of identity, financial condition, safety, legality, reliability, creditworthiness, performance, or future conduct. Members should independently verify information that is material to a transaction. FCE Is the Platform — Members Make the Deal Unless expressly stated otherwise in writing, Freight Commerce Exchange is not a party to transactions negotiated or entered into between members. FCE does not control the business decisions of independent members and does not determine whether a member should: •Accept or reject a load; •Hire a particular carrier; •Use a particular supplier; •Extend credit; •Accept particular payment terms; •Enter into a contract; •Purchase or lease equipment; or •Establish a particular freight rate. The parties to a transaction are responsible for negotiating their own terms, documenting their agreements, performing their obligations, and resolving issues arising from their business relationship. No Guarantee of Business Results Membership in Freight Commerce Exchange does not guarantee: •Loads; •Customers; •Revenue; •Profits; •Employment; •Contracts; •Payment; •Business opportunities; •Successful transactions; or •Any particular financial result. FCE provides resources and opportunities intended to help members conduct business more effectively, but each member remains responsible for how those resources are used. Limitation of Responsibility To the fullest extent permitted by applicable law, Freight Commerce Exchange is not responsible for losses, damages, claims, unpaid invoices, cargo losses, business interruptions, contractual disputes, fraudulent acts, misrepresentations, or other consequences resulting from independent transactions or relationships between members or third parties. Nothing in this disclaimer is intended to exclude or limit responsibility that cannot legally be excluded or limited. Mutual Responsibility The strength of Freight Commerce Exchange depends upon the conduct of its members. Members are expected to: Verify before doing business. Communicate professionally. Honor their agreements. Report legitimate problems. Protect confidential information. Treat other members fairly. Take responsibility for their own business decisions. FCX provides the platform. Members provide the integrity. Together, members help create a transparent, accountable, professional, and mutually beneficial transportation marketplace. ________________________________________ FREIGHT COMMERCE EXCHANGE A Mutual Platform. Member Driven. Member Accountable. Bringing Civility to the Trucking Industry.
Privacy Statement
FREIGHT COMMERCE EXCHANGE Privacy Statement Effective Date: July 3, 2023 Last Updated: August 15, 2026 Freight Commerce Exchange (“Freight Commerce Exchange,” “FCE,” “we,” “us,” or “our”) respects the privacy of our members, visitors, carriers, shippers, suppliers, freight professionals, and other users of our platform. Our goal is to provide a professional marketplace where businesses and transportation professionals can connect, communicate, evaluate opportunities, and build trusted business relationships. Protecting information entrusted to the platform is an important part of that mission. This Privacy Statement explains the types of information we may collect, how we may use and disclose that information, and the choices users may have regarding their information. 1. Information We May Collect Depending upon how you use Freight Commerce Exchange, we may collect information that you voluntarily provide, information generated through use of the platform, and information obtained from publicly available or authorized third-party sources. Information may include: •Name and business name •Business address •Telephone number •Email address •Account and profile information •Company contact information •USDOT and motor carrier authority information •Equipment and service information •Operating areas and service capabilities •Professional qualifications or credentials •Insurance information •Licensing and registration information •Business references •Membership information •Transaction and payment information •Communications made through or concerning the platform •Reviews, ratings, complaints, and performance information •Information submitted for verification or vetting •Information regarding suspected fraud, identity misuse, or violations of FCX policies •Technical information associated with use of the website or platform, such as IP address, browser information, device information, cookies, and usage activity We seek to collect information that is reasonably related to operating, securing, and improving Freight Commerce Exchange and the services offered to our users. 2. How We Use Information Freight Commerce Exchange may use collected information to: •Establish and maintain user accounts; •Provide membership services; •Operate member, carrier, shipper, supplier, agent, driver, or other professional directories; •Facilitate connections between platform participants; •Verify identity and business information; •Conduct or facilitate vetting and qualification processes; •Confirm licenses, registrations, operating authority, insurance, or other credentials where applicable; •Maintain ratings and performance information; •Detect, investigate, and help prevent fraud or misuse of the platform; •Improve platform security; •Process membership or service payments; •Communicate with users regarding their accounts or services; •Provide customer and technical support; •Administer platform policies and membership requirements; •Investigate complaints and disputes; •Improve existing services and develop new services; •Send administrative, educational, service-related, or promotional communications as permitted by law; •Maintain records for legitimate business, legal, compliance, and security purposes; and •Comply with applicable laws, regulations, court orders, subpoenas, or lawful governmental requests. 3. Vetting and Verification Services An important function of Freight Commerce Exchange is helping members make better-informed decisions about the businesses and professionals with whom they may choose to work. FCE may use information supplied by members, publicly available government records, commercial information services, references, databases, and authorized third-party providers to verify information or assist with vetting. Depending upon the service, vetting may include verification of: •Identity or business identity; •USDOT or motor carrier information; •Operating authority; •Insurance status; •Business registration; •Professional credentials; •Contact information; •References; •Platform history; •Reported performance; and •Other information relevant to a proposed business relationship. A verification, rating, vetting result, or similar designation does not constitute a guarantee, warranty, endorsement, certification of future performance, or representation that a person or business is risk-free. Members remain responsible for conducting appropriate due diligence and determining whether another party is suitable for a particular transaction or business relationship. 4. Member Profiles and Business Directories Certain information submitted to Freight Commerce Exchange may be intended for display to other members or platform users. For example, a carrier may choose to list its: •Company name; •Service area; •Equipment; •Contact information; •Operating authority; •Available capacity; •Business capabilities; and •Other information intended to help potential customers locate the carrier. Similarly, shippers, suppliers, freight professionals, and other participating businesses may provide information intended to facilitate business connections. Users should not submit information to a public or member-accessible profile that they do not want disclosed to the intended audience of that profile. 5. Ratings, Reviews, and Performance Information Freight Commerce Exchange may provide tools that allow members to rate, review, report, or otherwise provide information concerning their experiences with other platform participants. Such information may be used to: •Help members evaluate potential business relationships; •Identify patterns of performance; •Address complaints; •Enforce platform rules; •Investigate suspected misconduct; and •Protect the integrity of the FCE community. FCE may establish procedures for challenging, correcting, responding to, or reviewing information contained in ratings, reports, or member records. Users may not knowingly submit false, fraudulent, defamatory, misleading, or malicious information. 6. How Information May Be Shared Freight Commerce Exchange may disclose information when reasonably necessary to operate the platform or provide requested services. Information may be shared with: •Other members when necessary to provide a requested platform function; •Service providers performing functions on behalf of FCE; •Payment processors; •Identity, credential, insurance, or business verification providers; •Technology and hosting providers; •Security and fraud-prevention providers; •Professional advisers such as attorneys, accountants, and auditors; •Government agencies or law enforcement when legally required; and •Other parties when authorized or directed by the user. FCE may also disclose information when reasonably necessary to investigate fraud, protect the rights or safety of users, enforce agreements or policies, protect FCE property, or respond to legal proceedings. 7. We Do Not Sell Trust Freight Commerce Exchange is designed around business relationships and informed decision-making. FCE does not intend to compromise member trust by improperly selling personal information merely because an individual or business has joined the platform. If FCE engages in activities that constitute the “sale” or “sharing” of personal information under an applicable privacy law, FCE will provide notices and choices required by that law. 8. Third-Party Services FCE may use third-party companies to provide services such as: •Payment processing; •Website hosting; •Email delivery; •Data storage; •Analytics; •Identity or business verification; •Cybersecurity; •Customer support; and •Other operational services. These third parties may process information as necessary to provide their services and are subject to their own contractual, legal, and privacy obligations. FCE is not responsible for the privacy practices of independently operated websites or services that users choose to access outside the FCE platform. 9. Payment Information When users purchase memberships or other paid services, payment information may be processed by a third-party payment processor. FCE may receive information concerning the transaction, such as payment status, transaction identification, amount, and billing-related information, without necessarily receiving or storing complete payment-card information. 10. Cookies and Similar Technologies Freight Commerce Exchange may use cookies and similar technologies to operate and improve its website and services. These technologies may be used to: •Maintain login sessions; •Remember preferences; •Protect account security; •Understand platform usage; •Diagnose technical problems; •Improve website performance; and •Measure the effectiveness of communications or marketing. Users may be able to control certain cookies through their browser settings or through privacy controls provided by FCE. 11. Information Security Freight Commerce Exchange uses reasonable administrative, technical, and organizational safeguards intended to protect information against unauthorized access, disclosure, alteration, misuse, or destruction. However, no internet-based system, database, or electronic transmission can be guaranteed to be completely secure. Users should protect their account credentials and immediately notify FCE if they believe their account or information has been compromised. 12. Data Retention FCE may retain information for as long as reasonably necessary to: •Maintain an active account; •Provide the services requested; •Complete transactions; •Maintain legitimate business records; •Resolve disputes; •Investigate fraud or misconduct; •Enforce agreements; •Protect platform participants; and •Meet legal, tax, accounting, regulatory, or compliance requirements. Some information may therefore remain in FCE records after an account has been closed where retention is reasonably necessary or legally required. 13. User Privacy Choices and Rights Depending upon where a user resides and the laws applicable to FCE, users may have rights concerning their personal information. These rights may include the ability to request: •Access to certain personal information; •Correction of inaccurate information; •Deletion of certain information; •Information concerning how personal information is used or disclosed; •A copy of certain information; •Restriction of certain processing activities; or •Opt-out from certain uses or disclosures. Not every request or right applies in every jurisdiction, and some information may be retained when permitted or required by law. FCE may take reasonable steps to verify the identity and authority of a person making a privacy request. 14. Business Information vs. Personal Information Freight Commerce Exchange primarily facilitates commercial and professional relationships. Some information on FCE may concern businesses rather than individuals. Nevertheless, business information can sometimes identify or relate to an individual, particularly owner-operators, sole proprietors, independent contractors, drivers, freight agents, and small-business owners. FCE will handle such information according to applicable privacy requirements. 15. Children's Privacy Freight Commerce Exchange is a business and professional platform and is not intended for children. FCE does not knowingly solicit personal information from children under the age required by applicable law to independently use the platform. 16. Fraud Prevention and Platform Integrity Protecting members from fraudulent activity is an important FCE objective. Where permitted by law, FCE may retain and use information concerning suspected: •Identity theft; •Double brokering; •Cargo theft; •Payment fraud; •Misrepresentation; •Unauthorized use of another company's identity or authority; •Falsified credentials; •Platform abuse; or •Other conduct that may threaten FCE members or the integrity of the marketplace. Such information will be handled in accordance with applicable law and FCE policies. 17. Legal Requests FCE may disclose information when it reasonably believes disclosure is required by applicable law, regulation, subpoena, court order, or other valid legal process. Where legally permitted and appropriate, FCE may seek to protect its users from overly broad or improper requests for information. 18. Business Transfers If Freight Commerce Exchange is involved in a merger, acquisition, financing, restructuring, sale of assets, or similar business transactions, information associated with the platform may be transferred as part of that transaction, subject to applicable law and appropriate confidentiality protections. 19. Changes to This Privacy Statement Freight Commerce Exchange may periodically update this Privacy Statement to reflect changes in our services, technology, business practices, or legal obligations. When material changes are made, FCE may provide notice through the platform, website, email, or another appropriate method. The effective date appearing at the beginning of this statement identifies the version currently in effect. 20. Contact Freight Commerce Exchange Questions, concerns, or requests regarding this Privacy Statement or FCE privacy practices may be directed to: Freight Commerce Exchange Privacy Department / Member Services P O Box 201792 San Antonio, Texas 78220 member.support@fcexx.com 210.223.3160 ________________________________________ Our Privacy Commitment Trust requires transparency. Freight Commerce Exchange seeks to give carriers, shippers, suppliers, freight professionals, and other members the information and tools needed to make informed business decisions while treating the information entrusted to the platform responsibly. Freight Commerce Exchange — Bringing Civility to the Trucking Industry.