Terms Conditions
Last Updated: September 22, 2025
These terms and conditions (the “Terms”) govern your access to and use of ForwardNow LLC’s (“ForwardNow,” “We,” “Us”) website (https://www.fwd-now.com/), logistics portals, and related services (collectively, the “Services”). The term “You” or “Customer” shall refer to any individual or entity that accesses, browses, contracts with, or uses the Services, including shippers, carriers, drivers, consignees/consignors, warehouse clients, and visitors.
These Terms are important and affect your legal rights, so please read them carefully. Note that these Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
The Services are offered to you conditioned on your acceptance without modification of Terms contained herein. Certain features, services or tools of the Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. Your use of the Services constitutes your agreement to all such Terms. Please read these terms carefully.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING, OR BROWSING THE SERVICES, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
PRIVACY POLICY
Your use of the Services is subject to the ForwardNow Privacy Policy. Please review our Privacy Policy, which also governs the Services and informs users of our data collection practices.
01
USE OF OUR SERVICES
ForwardNow provides integrated logistics and freight forwarding services, including ocean, air, and road transportation, warehousing, distribution, fulfillment, cargo insurance, and customs and trade compliance support. Through its digital platforms, customers may access booking, tracking, documentation, and communication tools to manage shipments across the supply chain.
Subject to your compliance with its obligations under these Terms, we will provide you with access to the Services. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason our Services are unavailable at any time or for any period.
You must be eighteen (18) years or over in order to use the Services.
02
REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES
In order to access and use certain areas or features of the Services, you may need to have an account with us (the “Account”). We may maintain different types of Accounts for different types of Customers or Services. By creating an Account, you agree to (i) provide accurate, current and complete account information about yourself as necessary, (ii) maintain and promptly update from time to time as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to Us, and (iv) immediately notify Us if you discover or otherwise suspect any security breaches related to your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
(a) Communication Preferences.
By creating an Account, you also consent to receive electronic communications from Us (e.g., via email or by posting notices to the Services). These communications may include notices about your Account (e.g., password changes, updates, and other transactional information) and are part of your relationship with Us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
(b) Account Information; Updates.
You agree to provide current, complete and accurate payment and account information for your Account. You promise to update the information you have provided to ForwardNow in the event of any changes to your contact information. Specifically, with respect to your contact information, We may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us.
(b) Account Access and Security.
Also, you are, and will be solely responsible for, all of the activity that occurs through your Account, so please keep your password and Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Us of any actual or suspected unauthorized use of your Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Account after you have reported unauthorized access to us. We reserve the right to suspend the provision of the Services or any part thereof, if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading. You are responsible for any charges incurred under your Account, whether made by you or another person using your Account. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content from the Services if in our opinion, you have failed to comply with any of the provisions of these Terms.
03
ACCESS TO THE SERVICES
We shall use commercially reasonable efforts to ensure the availability of the Services, except that we shall not be liable for: (a) scheduled downtime; or (b) any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation, (i) a force majeure event; (ii) Internet host, webhosting, cloud computing platform, or public telecommunications network failures or delays, or denial of service attacks; (iii) a fault or failure of your computer systems or networks; or (iv) any breach of these Terms by you.
04
CONDITIONS APPLICABLE TO ALL SERVICES
(a) Import/Export Compliance.
Customer is responsible for complying with all applicable import, export, trade, and sanctions laws and regulations of the countries of origin, transit, and destination. ForwardNow will not arrange or perform services that would cause it to violate applicable law, and Customer agrees not to request or direct such services.
(b) Customs Documentation.
Customer must provide accurate, complete, and timely information and documents necessary for transportation, customs clearance, and regulatory filings. ForwardNow may rely entirely on information provided by Customer without independent verification and is not liable for penalties, delays, or losses resulting from inaccurate, incomplete, or misleading documentation.
(c) Liability Limits.
Liability for loss, damage, or delay is limited as set out in the service-specific sections below (Air Freight, Ocean Freight, and Customs Brokerage). Unless a higher value is declared and accepted in writing with applicable surcharges paid, liability limits established by the relevant international convention or governing law will apply. ForwardNow is not liable for consequential, incidental, or special damages, including lost profits, market, or delay.
(d) Payment Terms.
Unless otherwise agreed in writing, all invoices are payable upon receipt, in U.S. Dollars, by wire transfer or other method designated by ForwardNow. Customer is responsible for all charges, including freight, duties, taxes, surcharges, demurrage, detention, and related expenses, whether or not collected from a consignee. Customer is also responsible for any bank fees, exchange costs, or transfer charges. Interest may be charged on overdue balances at the maximum rate permitted by law.
05
AIR FREIGHT SERVICES
(a) Conventions and Liability.
If international carriage is involved, ForwardNow’s services are subject to the Montreal Convention of 1999 or, where applicable, the Warsaw Convention and its amendments. These conventions govern liability for loss, damage, or delay of cargo and may limit ForwardNow’s liability. Unless a higher value is declared and accepted in writing, liability is limited to the amounts set by the applicable convention or, where no convention applies, to 26 Special Drawing Rights (SDR) per kilogram of cargo lost, damaged, or delayed.
(b) Documentation and Compliance.
Customer must provide accurate and complete shipping documents, including air waybills, invoices, and any permits required. ForwardNow is not liable for fines, delays, or losses arising from inaccurate, incomplete, or misleading documentation. Customer is responsible for ensuring compliance with all import, export, and security regulations in any country through which the cargo is carried.
(c) Declared Value.
Customer may increase the liability limits by declaring a higher value for carriage and paying any applicable surcharge. If no value is declared, the liability limitations in Section (a) apply.
(d) Payment of Charges
All freight charges are payable in accordance with ForwardNow’s invoices and published tariffs. Unless otherwise agreed in writing, charges must be prepaid by Customer, and Customer remains responsible for all fees, taxes, duties, and surcharges incurred during carriage, whether or not collected from the consignee.
(e) Claims and Time Limits.
Any claims for damage, delay, or loss must be made in writing to ForwardNow within the following time limits:
Damage: within 14 days of delivery.
Delay: within 21 days of the date the cargo was made available.
Non-delivery: within 120 days from the date of issue of the air waybill or, if none, from the date ForwardNow received the cargo.
Failure to submit a written claim within these periods will bar the claim. Any legal action must be filed within two (2) years of the scheduled delivery date, or the date carriage ceased.
06
OCEAN FREIGHT SERVICES
(a) Conventions and Liability.
If international carriage is involved, ForwardNow’s services are subject to the Hague Rules as amended by the Hague-Visby Protocol, or the U.S. Carriage of Goods by Sea Act of 1936 (COGSA) for shipments to or from the United States. These regimes govern liability for loss, damage, or delay of cargo. Unless a higher value is declared and accepted in writing with any required surcharge paid, ForwardNow’s liability is limited to USD $500 per package or customary freight unit under COGSA, or 666.67 SDRs per package or 2 SDRs per kilogram (whichever is higher) under Hague-Visby. ForwardNow is not liable for consequential, incidental, or special damages, including loss of profits, market, or delay. Claims must be filed within one (1) year of the date of delivery or the date delivery should have occurred.
(b) Documentation and Compliance.
Customer must provide accurate and complete shipping documents, permits, and licenses as required for lawful transportation and customs clearance. ForwardNow is not liable for delays, penalties, or losses arising from inaccurate, incomplete, or late documentation.
(c) Demurrage and Detention.
Customer is responsible for all demurrage, detention, storage, and related charges if cargo is not picked up, containers are not returned, or documentation is not provided within the allowed free time. Once free time expires, charges accrue daily until release or return. Customer shall also reimburse ForwardNow for any such charges assessed by carriers, terminals, or depots.
(d) Incoterms and Responsibilities.
If the underlying contract refers to Incoterms (such as FOB, CIF, DAP, or DDP), those rules allocate risk and cost between buyer and seller. They do not alter ForwardNow’s obligations or liability under applicable law. Customer is responsible for performing any duties assigned under the chosen Incoterm, including provision of customs documents and permits.
(e) Subcontracting.
ForwardNow may subcontract any part of the carriage on terms it deems appropriate. All protections, limitations of liability, and defenses available to ForwardNow also apply to its subcontractors, including stevedores, terminal operators, inland carriers, and agents.
(f) Freight and Charges.
Freight is earned once ForwardNow receives the cargo and is non-refundable. Customer guarantees payment of all freight, surcharges, demurrage, duties, taxes, and related expenses, whether prepaid or due at destination. ForwardNow’s tariffs and schedules, including free time allowances and D&D rates, are incorporated by reference and available upon request.
(g) Customs Compliance and Indemnification.
Customer must comply with all customs, import, and export regulations of the countries of origin, transit, and destination. Customer shall provide timely and accurate information and documents for clearance. ForwardNow is not liable for penalties, delays, or costs caused by inaccurate or incomplete information, and Customer shall indemnify ForwardNow against resulting claims, fines, or expenses.
(h) Lien.
ForwardNow has a general lien on cargo and related documents for all sums due, including freight, demurrage, duties, taxes, and collection costs. If charges remain unpaid, ForwardNow may sell the cargo after notice, applying proceeds first to expenses and costs. Customer remains liable for any balance still outstanding.
07
CUSTOMS BROKERAGE SERVICES
(a) Agency Authority.
By using ForwardNow’s customs brokerage services, Customer authorizes ForwardNow to act as Customer’s agent for the limited purpose of transacting customs business with U.S. Customs and Border Protection (“CBP”) and other governmental authorities. This authority includes preparing, filing, and submitting entries, declarations, certificates of origin, and related documents required by law. This authorization remains valid until revoked in writing, and revocation does not relieve Customer of obligations already incurred.
(b) Compliance with Laws.
Customer is responsible for complying with all applicable import, export, and trade regulations, including those issued by CBP, the Department of Commerce, the Department of the Treasury, and other agencies.
(c) Documentation and Accuracy.
Customer must provide complete, accurate, and timely information and documents required for clearance. ForwardNow may rely entirely on information provided by Customer or Customer’s agents without independent verification. Customer must review all filings and promptly notify ForwardNow of any errors or discrepancies.
(d) Claims and Time Limits.
All claims relating to customs brokerage services must be submitted in writing within ninety (90) days of the event giving rise to the claim. Any legal action must be commenced within the applicable limitation period under governing law. Failure to provide timely written notice bars the claim.
(e) Insurance and Third Parties.
Unless expressly agreed in writing, ForwardNow has no obligation to procure insurance for Customer. If requested and confirmed, coverage is subject to the insurer’s terms, and Customer is responsible for premiums. Services may involve third parties such as carriers, truckers, and warehouse operators. ForwardNow is not liable for the acts or omissions of such third parties.
(f) Liability.
ForwardNow is only liable for its own direct negligence. Liability for customs brokerage services is strictly limited to the lesser of fifty dollars (USD $50) per customs entry or the brokerage fees paid for that entry. ForwardNow is not liable for consequential, indirect, or special damages, including lost profits or revenue. ForwardNow is not responsible for failures caused by circumstances beyond its reasonable control, such as natural disasters, war, government actions, or labor disturbances.
(g) Payment and Lien.
All charges, duties, taxes, and fees are payable in advance unless otherwise agreed. If ForwardNow advances amounts on Customer’s behalf, Customer must promptly reimburse those advances plus service charges. ForwardNow has a continuing lien on goods and related documents in its possession for unpaid amounts. If payment is not made, ForwardNow may sell the goods after notice, apply proceeds to outstanding amounts, and charge Customer for any shortfall as well as collection costs, including attorneys’ fees.
07
PROHIBITED USES
Use of the Services is limited to the permitted uses expressly authorized by Us. Any violation of this Agreement as determined by ForwardNow in its sole discretion, may result in the termination of your access to the Services. The Services shall not be used to:
(a)
Harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
(b)
Engage in any unlawful, fraudulent, or deceptive activities;
(c)
Misrepresent the source, identity, or content of information transmitted via the Services;
(d)
Use technology or other means to access unauthorized content or non-public spaces;
(e)
Use or launch any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
(f)
Attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g)
Probe, scan, or test the vulnerability of the Services or any system or network; use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
(h)
Use the Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead to death, personal injury, or physical or property damage;
(i)
Modify the Services in any manner or form; use or develop any application that interacts with the Services or provides access to other users' content or information without our written permission; or use modified versions of the Services, including to obtain unauthorized access to the Services;
(j)
Attempt to damage, disable, overburden, or impair our servers or networks;
(k)
Attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to ForwardNow, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of or any activities conducted on the Services;
(l)
Display the Services or profile data on any external display or monitor or in any public setting without obtaining the prior consent of all participants. Furthermore, you may not display the Services or profile data on any external display or monitor or in any public setting in a manner that infringes on the intended use of the Services;
(m)
Encourage the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control; or
(n)
Violate these Terms in any manner;
09
INTELLECTUAL PROPERTY RIGHTS
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. As a condition of your use of the Services, you warrant to Us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
All content included as part of the Services, such as text, graphics, videos, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of ForwardNow or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. Our content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of ForwardNow and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ForwardNow or our licensors except as expressly authorized by these Terms.
10
DMCA NOTICE AND TAKEDOWN POLICY
We respect intellectual property rights and expect our users to do the same. If you are a copyright owner or an agent thereof, and you believe that any content hosted on any of the Services infringes Your copyrights, then you may submit a notification by providing ForwardNow’s Designated Copyright Agent with the following information in writing:
(a)
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b)
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the applicable Services are covered by a single notification, a representative list of such works on the applicable Services;
(c)
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material; Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(d)
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
(e)
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content."). Our Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
ForwardNow LLC
11990 Missouri Bottom Road
Hazelwood, Missouri 63042
Attention: Copyright Claims
For clarity, only notices under this section should go to the ForwardNow Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
11
FEEDBACK
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about ForwardNow or the Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of ForwardNow. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
12
LINKS TO THIRD PARTY WEBSITES/THIRD-PARTY SERVICES
The Services may contain links to other brands or services ("Linked Website"). The Linked Websites are not under our control, and We are not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Website, products or merchandise sold through the Services, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the services or any association with its operators. Certain services made available through the Services are delivered by third parties and organizations and these Terms do not apply to any Linked Website. By using any product, service or functionality originating from the Services, you hereby acknowledge and consent that We may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service, or functionality on behalf of ForwardNow and customers.
To the fullest extent permitted by applicable law, you hereby release and forever discharge Us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (a) any interactions with, or act or omission of, or User Content provided by, other users of the Services or (b) any third-party site, products, services, and links Included on or accessed through the Services. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." resolving any disputes.
13
TERMINATION OR SUSPENSION OF SERVICES
We reserve the right to refuse or suspend access to any user, for any reason or no reason, and without any notice. We may suspend your use of the Services or any portion thereof if We believe that you have breached these Terms, or for any other reason, at its sole discretion. You agree that any termination of your access to the Services may be without prior notice, and you agree that ForwardNow will not be liable to you or any third party for any such termination. Where needed, we reserve the right to alert local law enforcement authorities about suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services.
14
ERRORS, INACCURACIES AND OMISSIONS
Using the Services or sending emails to us constitutes electronic communications. If you provide Us with your email address to our contact form, you consent to receive electronic communications from Us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing.
16
INDEMNIFICATION
WITH THE EXCEPTION OF FORWARDNOW’S GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FORWARDNOW, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
17
SANCTIONS AND AML COMPLIANCE
You represent and warrant that you are not (i) located in, or a citizen or resident of, any country or territory that is the subject of U.S. or other government sanctions or embargoes; or (ii) listed on any restricted parties list maintained by the U.S. government or other applicable jurisdictions. We reserve the right to deny access to the Services or terminate your Account if we reasonably suspect you are subject to any such restrictions.
18
HARM FROM COMMERCIAL USE
You agree that the consequences of commercial use or re-publication of content or information from the Services may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that We will be entitled to temporary and permanent injunctive relief to prohibit such use.
19
DISCLAIMERS; NO WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY FORWARDNOW, ALL SERVICES AND INFORMATION PROVIDED BY FORWARDNOW ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FORWARDNOW DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS TO THE SERVICES AND INFORMATION PROVIDED. FORWARDNOW MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION THOSE OF CARRIERS, WAREHOUSES, CUSTOMS BROKERS, OR OTHER PROVIDERS ARRANGED OR INTRODUCED THROUGH FORWARDNOW, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO SUCH THIRD-PARTY SERVICES. FORWARDNOW DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM SYSTEM FAILURES, DATA LOSS, OR SECURITY BREACHES. FORWARDNOW SHALL NOT BE LIABLE FOR DELAYS, FAILURES, OR LOSSES RESULTING FROM USER ERROR, TELECOMMUNICATIONS INTERRUPTIONS, THIRD-PARTY PLATFORM FAILURES, UNAUTHORIZED ACCESS, OR OTHER EVENTS BEYOND ITS REASONABLE CONTROL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FORWARDNOW, ITS AFFILIATES, OR SERVICE PROVIDERS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. REFERENCE TO ANY PRODUCTS, SERVICES, OR PROVIDERS BY NAME DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION BY FORWARDNOW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN COMMERCIAL CONTRACTS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY.
20
THIRD-PARTY SERVICES DISCLAIMER
In providing the Services, ForwardNow may engage carriers, brokers, warehouse operators, and other third parties. ForwardNow acts solely as Customer’s agent in such cases and is not liable for the acts or omissions of such third parties, except as required by applicable law or international conventions. All rights, defenses, and liability limitations available to such third parties shall inure to their benefit under these Terms.
21
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORWARDNOW OR ANY OF ITS OWNERS, EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, AND SUBSIDIARIES (“RELEASEES”) BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. NEITHER FORWARDNOW NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
In no event will ForwardNow or its subsidiaries or insurers aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of (i) the amounts you have paid for the Services, if applicable, in the twelve (12) month period prior to the event giving rise to the liability, or (ii) US $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FORWARDNOW AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
22
INFORMAL DISPUTE RESOLUTION
You agree that any dispute that has arisen or may arise between Us relating in any way to Your use of or access to the Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to ForwardNow in any way (collectively, "Covered Dispute Matters") will be resolved in accordance with the provisions set forth in this Section.
If You have any dispute with Us, you agree that before taking any formal action, contact us at info@fwd-now.com provide a brief, written description of the dispute and your contact information (including your email address) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with you.
23
CHOICE OF LAW; JURISDICTION
These Terms are governed by the laws of the State of Missouri, United States, without regard to conflict-of-laws principles, and subject to the mandatory application of international conventions and statutes applicable to the mode of carriage, including without limitation the Montreal Convention (air), the Hague Rules as amended by the Hague-Visby Protocol, and the U.S. Carriage of Goods by Sea Act of 1936 (ocean). In the event of a conflict, such conventions and statutes shall control to the extent mandatory under applicable law.
24
MANDATORY ARBITRATION
BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST FORWARDNOW ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION AGREEMENT. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST FORWARDNOW, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST FORWARDNOW BY SOMEONE ELSE.
THIS ARBITRATION AGREEMENT DOES NOT APPLY TO CLAIMS ARISING UNDER THE MONTREAL CONVENTION, THE WARSAW CONVENTION, THE HAGUE RULES AS AMENDED BY THE HAGUE-VISBY PROTOCOL, OR THE U.S. CARRIAGE OF GOODS BY SEA ACT OF 1936 (COGSA), TO THE EXTENT THOSE CONVENTIONS OR STATUTES PROVIDE CUSTOMER WITH MANDATORY JURISDICTIONAL RIGHTS.
(a) Arbitration Procedure.
You agree that any dispute, claim or controversy arising out of or relating to (i) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms will be settled by binding arbitration between you and ForwardNow, and not in a court of law. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Missouri. The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. Unless the parties agree otherwise, arbitration hearings will take place virtually or in St. Louis County, Missouri. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This Arbitration Agreement shall survive the termination of these Terms.
(b) Exceptions to Our Agreement to Arbitrate Disputes.
There are only two exceptions to this Agreement to arbitrate: (i) if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief without bond in any court of competent jurisdiction or (ii) each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
(c) Who Bears the Costs of Arbitration?
You agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules unless otherwise stated in this Agreement to arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, you agree that ForwardNow is relieved of its obligation to reimburse you for any fees associated with the arbitration.
(d) Future Amendments to the Agreement to Arbitrate.
Notwithstanding any provision in this Agreement to the contrary, You and We agree that if We make any amendment to this Agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against ForwardNow prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the Agreement to arbitrate that have arisen or may arise between you and ForwardNow. If you do not agree to these amended terms, you shall not access or use the Services, and the revised terms will not bind you.
(e) Judicial Forum for Legal Disputes.
If the Agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to arbitrate, as a result of a decision by the arbitrator or court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and ForwardNow must be resolved exclusively by a state or federal court located in St. Louis County, Missouri. You agree to submit to the exclusive personal jurisdiction of the courts situated in St. Louis County, Missouri, for the purpose of litigating all such claims or disputes.
(f) Arbitration Opt-Out Procedure.
If you are a new user, you can choose to reject the agreement to arbitrate provision by emailing us an opt-out notice to info@fwd-now.com (“Opt-Out Notice"). The Opt-Out Notice must be received no later than thirty (30) days after the date you accept the terms of this Agreement for the first time. If you are not a new user, you have until thirty (30) days after the posting of the new terms to submit an arbitration opt-out notice. To opt-out, you must email your name, address (including street address, city, state, and zip code), the email address to which the opt-out applies, and an unaltered digital image of your valid driver’s license to info@fwd-now.com. This procedure is the only way.
(g) You can Opt-Out of the Agreement to arbitrate.
If you Opt-Out of the Agreement to arbitrate, all other parts of this Agreement and this Disputes Section will continue to apply to you. Opting out of this Agreement to arbitrate does not affect any previous, other, or future arbitration agreements that you may have with ForwardNow. By agreeing to this agreement, you now irrevocably waive any right you may have (i) to a court trial (other than small claims court as provided above), (ii) to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against Us and/ or related third parties, and (iii) to a trial by jury even if any arbitration is not required under this agreement.
(h) Statute of limitations for your claims.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website, services, or this agreement must be filed within one (1) year after such claim or cause of action arises, or it will be forever barred.
(i) Applicable Law.
You and We agree that United States federal law, including the Federal Arbitration Act, and (to the extent not Inconsistent with or pre-empted by federal law) the laws of the State of Missouri, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of Your residence or the location of where You use the Services.
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CLASS ACTION WAIVER
Any arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
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GOVERNING TARIFFS/INCORPROATION BY REFERENCE
All services provided by ForwardNow are subject to ForwardNow’s applicable tariffs, schedules, and published rules, as amended from time to time, which are incorporated herein by reference and available upon request. To the extent of any inconsistency between these Terms and such tariffs, the tariffs shall control unless otherwise required by applicable law.
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GOVERNING TARIFFS/INCORPROATION BY REFERENCE
ForwardNow does not provide cargo insurance or other risk coverage unless specifically requested by Customer in writing and confirmed by ForwardNow in writing. If insurance is procured, coverage is subject solely to the insurer’s terms and conditions. Customer is responsible for payment of all premiums and related costs. Unless such coverage is confirmed, shipments move entirely at Customer’s risk subject only to the liability limits set forth in these Terms and applicable law.
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RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Services is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor of the Services, or by anyone who may be informed of any of its contents.
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CHANGES TO TERMS
We reserve the right, in our sole discretion, to change the Terms under which the Services is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Services after expiry of the notice period or accepting the amended Terms (as We may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.
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REGULATORY CHANGES
We may modify, suspend, or terminate any features, procedures, or requirements of the Services to comply with changes in law, regulation, or guidance from regulatory authorities. Such changes may include additional verification requirements or restrictions on certain jurisdictions.
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RELATIONSHIP BETWEEN THE PARTIES
The parties are independent contractors and nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Each Party has sole responsibility for its activities and its personnel and shall have no authority and shall not represent to any third party that it has the authority to bind or otherwise obligate the other party in any manner.
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SURVIVAL OF TERMS
The provisions of these Terms relating to payment obligations, liens, indemnification, compliance with laws, limitation of liability, and dispute resolution shall survive termination, cancellation, or completion of services.
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SEVERABILITY
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
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FORCE MAJEURE
We shall be excused from performance under these Terms of Use, to the extent We are prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of ForwardNow.
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EXPORT CONTROLS
The Services originate in the United States and are subject to United States export laws and regulations. The Services may not be exported or re-exported by you to certain countries, or those persons or entities prohibited from receiving exports from the United States. In addition, the Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Services.
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NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
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ENTIRE AGREEMENT
Unless otherwise specified in these Terms, this document constitutes the entire agreement between ForwardNow and its Customers with respect to the forwarding services provided hereunder, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, relating to the same subject matter. If ForwardNow has executed a separate written agreement with a Client or Provider governing specific forwarding services (including, without limitation, any Master Services Agreement, Statement of Work, rate confirmation, or service contract), that agreement will control to the extent of any direct conflict with these Terms.
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MISCELLANEOUS
When you purchase any services from ForwardNow, the Services are controlled and operated from within the United States. Without limiting anything else, We make no representation that the Services, information or other materials available on, in, or through the Services are applicable or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Services from other locations do so on their own volition and are responsible for compliance with applicable laws. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. The waiver or failure of ForwardNow to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” Any provisions of these Terms that by their nature should survive termination shall so survive, including without limitation, ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, and dispute resolution provisions.
CONTACT US
We welcome your questions or comments regarding these Terms:
ForwardNow LLC