FleetPath is a software platform. It organizes, displays, and automates a carrier's own operations. It is not a party to the freight contract between any carrier, broker, shipper, or receiver, and it does not take possession of freight or funds. Specifically, FleetPath is not, and does not hold itself out as:
- •a freight broker, and holds no broker authority (49 U.S.C. §13102);
- •a motor carrier, and holds no MC number;
- •a freight forwarder;
- •a factor, and does not purchase receivables;
- •a money transmitter, and does not hold or move funds;
- •a dispatch service or a bona fide agent for any carrier.
FleetPath provides historical and informational data and may suggest ranges. When the optional Operator (described in Section 3) sends an offer or counter-offer on a load, it does so as the Customer's configured tool, on the Customer's behalf, and only within the limits the Customer sets. In every such case the Customer, not FleetPath, is the party and principal to the communication and to any resulting transaction. FleetPath does not act as a party in its own right, does not negotiate on its own account, and exercises no independent discretion to allocate freight or traffic across carriers.
Equipment interchange and interline handoffs. FleetPath may let a carrier record the handoff of equipment or a shipment to another motor carrier the carrier itself selects, and may furnish a form of written interchange agreement (49 CFR §376.31) as a convenience. Any interchange is solely between the two carriers: FleetPath does not select, assign, or allocate any shipment or equipment to any carrier; does not negotiate the terms or compensation between them; is not a party to the interchange agreement, any bill of lading, or any contract of carriage; and is not a motor carrier under 49 U.S.C. §14706. Liability for cargo and equipment is allocated between the carriers by law and by their own agreement.
FleetPath reports safety, operating-authority, and insurance-on-file data from third-party and government sources (including FMCSA) as-is. It does not conduct independent audits, does not verify any carrier's insurance coverage, qualifications, or suitability, and has no duty to investigate any user or counterparty. Checking the credentials, authority, and insurance of anyone you do business with, including an interchange partner, is your sole responsibility, and you assume the risk of transacting with other users. No user or carrier is FleetPath's agent, and FleetPath is no one's agent, for any purpose.