Terms of Use

Accepting these terms

These Terms of Use govern your use of averyfreight.com (the “Site”), operated by C-NA Worldwide LLC d/b/a Avery Freight Lines (“AFL,” “we,” “us”). By using the Site or sending a quote request, you agree to these terms. Our Privacy Policy explains how we handle personal information. If you do not agree, please do not use the Site.

If you use the Site for a company or other organization, you confirm that you may accept these terms for it, and “you” includes that organization.

AFL is a licensed property broker

AFL is registered with the Federal Motor Carrier Safety Administration as a broker of property other than household goods (USDOT 3990619, MC-1496960). AFL arranges transportation with authorized motor carriers and other logistics partners, and coordinates and tracks each shipment it arranges. The carrier named for a shipment performs the transportation, controls its own drivers, vehicles and operations, and has care and custody of the freight while it is in transit. When the Site says that AFL moves, ships, runs, hauls or delivers freight, it means the transportation AFL arranges through those carriers. Equipment and images on the Site are illustrative and represent services provided through our carrier network. AFL arranges freight other than household goods. Household goods include a household’s own belongings and the furniture, appliances and other items a householder buys and pays to have delivered to their home; those move with a mover or broker licensed for household goods.

Quotes and rates

Rates, transit times, capacity and other figures on the Site, or given in answer to a quote request, are estimates based on the information you provide and on market conditions. A rate becomes binding only when it appears in a rate confirmation or other written agreement that AFL has signed or accepted. Changes to a shipment, such as its weight, dimensions, timing, locations or added services, can change the rate, and charges such as detention, layover or extra stops apply as set out in the shipment’s documents.

Shipments have their own agreements

These terms cover your use of the Site only. Each shipment AFL arranges is governed by the agreements for that shipment, including any shipper and broker agreement, the rate confirmation and the bill of lading. If those agreements conflict with these terms, those agreements control.

Loss, damage and delay

Liability for loss of, damage to or delay of freight is governed by the shipment’s agreements, its bill of lading or air waybill, and the law that applies to the carrier and the route: the Carmack Amendment for interstate motor carriers (49 U.S.C. § 14706) and for rail (49 U.S.C. § 11706), the laws and treaties that govern air and international carriers, and state law for a move within one state. File your cargo claim in writing with the carrier, within the time limits those documents and the law set, and send AFL a copy. Your claim identifies the shipment, states that the carrier is liable for the loss, damage or delay, and asks for a specific or determinable amount. You file the claim; AFL gives you the carrier’s claim contact and the shipment documents you need, and follows the claim with you until it is resolved. A carrier’s liability can be limited by its tariff, the bill of lading or your agreement, often to a set amount per pound, so tell us your freight’s value before it ships.

Information you submit

When you submit a quote request, a carrier setup request or a message, including any files you attach, you confirm that the information is accurate and yours to share, and you agree that AFL may contact you about it by email or phone. Please keep anything unlawful, harmful or confidential to someone else out of your submissions.

Texts and email

Our text program, AFL Quote and Shipment Updates, texts only the people who join it under our Text Message Terms, and the AFL monthly freight update goes only to people who sign up for it. Reply STOP to any program text, or use the unsubscribe link in any issue, to stop them. Emails and calls about a quote or shipment you asked for, and replies to your messages, are part of the service you requested. Carriers and their drivers receive shipment messages, such as tracking requests, under the carrier’s agreement with AFL.

Using the Site

You agree to use the Site lawfully and in good faith. Apart from research that our Vulnerability Disclosure Policy authorizes, you may not:

• Submit false information, or impersonate another person or business.
• Use AFL’s name, marks or identity to offer freight, solicit payment or represent yourself as AFL.
• Copy the Site’s content or data by automated means, other than the search engines and AI assistants our robots.txt file allows, and the place list files, which you may reuse under CC BY 4.0.
• Interfere with the Site’s operation or security, including with bots, excessive requests or malicious code.
• Try to reach any part of the Site or its systems you are not authorized to reach.

The tracking portal and other websites

The Site links to websites run by others. The shipment-tracking portal runs on our transportation-management software provider’s platform, under that provider’s terms; it shows each shipment’s progress as reported to us, and our team can confirm any detail by phone. Other linked websites are the responsibility of their owners, and your use of them is governed by their own terms.

Intellectual property

The Site and its content, including text, images, logos and design, belong to AFL or its licensors and are protected by law. You may view the Site to learn about and use AFL’s services. Any other use, including copying, republishing or commercial reuse, requires our written permission; reading and indexing by the automated tools our robots.txt file allows is welcome.

The place suggestions in the quote form come from AFL’s own list, built from public data. Place names and postal codes from GeoNames (geonames.org), licensed under CC BY 4.0 (creativecommons.org/licenses/by/4.0), trimmed and reformatted by AFL. UK postcodes contain Royal Mail data © Royal Mail copyright and database right 2022. Airport codes from OurAirports (ourairports.com), released to the public domain.

That place list keeps its CC BY 4.0 license: you may copy and reuse it on that license’s terms, and nothing in these terms limits that.

Disclaimers

To the fullest extent the law allows, the Site and its content are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of accuracy, completeness, fitness for a particular purpose and uninterrupted availability. General information on the Site, such as freight or market information, is not legal, tax or financial advice.

Limitation of liability

To the fullest extent the law allows, AFL is not liable for any indirect, incidental, special, consequential or punitive damages arising from your use of the Site, and AFL’s total liability for any claim arising from your use of the Site is limited to one hundred U.S. dollars ($100). This limit leaves in place AFL’s liability for its own fraud, willful injury, gross negligence or violation of law, and every right the law gives you that a contract cannot limit, including your rights as a consumer. This section concerns use of the Site only; liability for a shipment is governed by the agreements described above.

Indemnification

You agree to defend, indemnify and hold harmless AFL and its owners, employees and agents from claims brought by others, and the losses and expenses they cause, including reasonable attorneys’ fees, that arise from your misuse of the Site or your breach of these terms.

Governing law and venue

These terms are governed by the laws of the State of California and, where it applies, federal law, without regard to conflict of laws rules. Any dispute arising from them or from your use of the Site will be resolved in the Superior Court of California, County of San Bernardino, or the United States District Court for the Central District of California, and you consent to their jurisdiction. If you use the Site as a consumer, you keep every right the law gives you to bring or defend a claim in the courts where you live.

Changes to these terms

We may update these terms by posting a revised version here with a new “Last updated” date. The version posted when you use the Site applies to that use.

General

If any part of these terms is found unenforceable, the rest remains in effect. Our not enforcing a provision is not a waiver of it. You may not transfer your rights under these terms without our consent. These terms, with our Text Message Terms for anyone who joins that program and our Vulnerability Disclosure Policy for security research, are the entire agreement between you and AFL about use of the Site. The agreements for each shipment stay in force alongside them.

Contact us

Questions about these terms: