Joyner Freight — Terms & Conditions
Joyner Freight provides truckload, less-than-truckload (LTL), and freight brokerage transportation services ("Freight Services") for commercial shippers ("Customer," "Shipper") pursuant to these Terms and any applicable rate confirmation, bill of lading, or transportation services agreement. Joyner may act as a motor carrier, a broker arranging transportation through third-party carriers, or both, as indicated on the applicable rate confirmation or load tender.
1. Acceptance of Terms
These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "User," "you," or "your") and Joyner Transportation & Logistic Services LLC, a Georgia limited liability company with its principal place of business in Atlanta, Georgia ("Joyner," "Company," "we," "us," or "our"), governing your access to and use of Joyner Freight (the "Service").
By accessing, registering for, booking, requesting, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any service-specific addenda referenced herein. If you do not agree to these Terms, you must not access or use the Service.
If you are using the Service on behalf of a business, organization, or other entity, you represent that you have authority to bind that entity, and "you" and "your" will refer to that entity.
2. Rate Confirmations & Load Tenders
Each shipment is governed by a rate confirmation, load tender, or bill of lading issued or accepted by Joyner, which sets forth the agreed rate, equipment type, pickup and delivery windows, and any accessorial charges. In the event of a conflict between these Terms and a signed rate confirmation for a specific shipment, the rate confirmation controls for that shipment only.
Shipper is responsible for accurately describing the freight, including weight, dimensions, commodity, hazardous material classification (if applicable), and any special handling requirements. Inaccurate descriptions may result in rate adjustments, accessorial charges, or refusal of the shipment.
2A. Carrier vs. Broker Role Per Shipment
Joyner holds both FMCSA motor carrier operating authority and FMCSA broker operating authority and may act in either capacity, or neither simultaneously for a given shipment. The rate confirmation, load tender, or bill of lading for each shipment will identify whether Joyner is acting as the transporting motor carrier (in which case Joyner assumes carrier-of-record responsibilities, including Carmack Amendment cargo liability as described below) or as a broker arranging transportation by a third-party motor carrier (in which case the third-party carrier is the transporting carrier of record, and Joyner's role is limited to arranging that transportation). Where the rate confirmation does not specify, the entity whose equipment and driver physically transport the shipment is the carrier of record for that shipment.
3. FMCSA & DOT Regulatory Compliance
Joyner operates as a licensed motor carrier and licensed property broker, operating in either capacity on a shipment-by-shipment basis as identified in Section 2A, subject to regulation by the Federal Motor Carrier Safety Administration ("FMCSA") and, where applicable, state departments of transportation. Joyner maintains active USDOT and MC operating authority appropriate to the services it provides and requires that any contracted or interlined carriers maintain valid USDOT numbers, operating authority, and insurance on file with FMCSA prior to dispatch.
Where Joyner arranges transportation through third-party motor carriers, Joyner performs broker carrier-vetting consistent with 49 C.F.R. Part 371, including verification of active operating authority, minimum insurance levels (cargo and public liability) consistent with 49 C.F.R. Part 387, and safety fitness status as reflected in FMCSA's Safety and Fitness Electronic Records (SAFER) system. Joyner does not knowingly tender freight to carriers with an "Unsatisfactory" safety rating or without current operating authority and insurance on file.
Customer acknowledges that, where Joyner acts as a broker, Joyner's role is to arrange transportation by a third-party motor carrier and that the selected carrier, not Joyner, has primary responsibility for the safe operation of the vehicle and care of the cargo while in the carrier's possession, except as otherwise provided by law or these Terms.
4. Payment Terms
Freight invoices are due within the payment terms specified on the rate confirmation or, absent specific terms, within thirty (30) days of receipt of invoice and required delivery documentation (proof of delivery, bill of lading). Disputed charges must be raised in writing within fifteen (15) days of invoice date; undisputed amounts remain due per the original terms. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Joyner reserves a carrier's lien on freight in its possession for unpaid, undisputed freight charges to the extent permitted by law.
5. Accessorial Charges
Accessorial charges (including detention, layover, redelivery, lumper fees, liftgate service, residential delivery, limited-access delivery, and re-weigh/reclassification charges) apply as set forth in Joyner's accessorial schedule in effect at the time of shipment or as specified on the rate confirmation. Detention charges accrue after the applicable free time (typically two (2) hours for live load/unload, unless otherwise stated) at pickup or delivery locations.
6. Cargo Claims (Carmack Amendment)
To the extent Joyner acts as a motor carrier providing interstate transportation, liability for loss of or damage to cargo is governed by the Carmack Amendment, 49 U.S.C. § 14706, and applicable released-rate provisions, where a released value has been agreed in writing. Claims for cargo loss or damage must be filed in writing with Joyner within nine (9) months of delivery (or, in the case of non-delivery, within nine (9) months after a reasonable time for delivery has elapsed), and any lawsuit must be filed within two (2) years and one (1) day after Joyner provides written notice of disallowance of the claim, consistent with 49 C.F.R. Part 370.
Where Joyner acts as a broker arranging transportation by a third-party motor carrier, cargo claims are the responsibility of the executing motor carrier and its cargo insurance; Joyner will provide reasonable assistance in identifying the responsible carrier and applicable insurance but does not assume carrier liability for cargo in the possession of a third-party carrier, except where Joyner has agreed in writing to act as the carrier of record for a given shipment.
7. Loading, Unloading & Securement
Unless otherwise agreed, Shipper is responsible for loading and properly securing freight for transport, and consignee is responsible for unloading, in each case in accordance with applicable safety standards. Joyner and its carriers are responsible for cargo securement compliance under applicable FMCSA regulations once freight is accepted for transport. Detention time caused by Shipper's or consignee's loading/unloading delays may result in accessorial charges as described above.
8. Insurance & Limitation of Liability
8.1 Insurance
Joyner maintains motor carrier and/or broker contingent cargo and general liability insurance in amounts consistent with industry standards and applicable FMCSA minimums. Certificates of insurance are available upon request.
8.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOYNER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO FREIGHT SERVICES, EXCLUDING CARGO LOSS OR DAMAGE GOVERNED BY THE CARGO CLAIMS SECTION ABOVE SHALL NOT EXCEED the limits of Joyner's applicable liability insurance policy in effect at the time of the incident, or as otherwise specified in a governing transportation services agreement.
IN NO EVENT SHALL JOYNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS, LOST DATA, OR BUSINESS INTERRUPTION, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF JOYNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These limitations do not apply to liability that cannot be limited or excluded under applicable law, including liability for death or bodily injury caused by Joyner's gross negligence or willful misconduct.
8.3 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JOYNER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
9. Indemnification
You agree to indemnify, defend, and hold harmless Joyner, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your violation of any law or third-party right; (c) Shipper's freight description, packaging, loading, or hazardous materials disclosure; or (d) your negligent or willful misconduct in connection with the Service.
10. Independent Contractor / Carrier Relationship
Where Joyner arranges transportation through third-party motor carriers, such carriers are independent contractors and are not employees or agents of Joyner. Joyner requires contracted carriers to maintain valid operating authority and insurance but does not control the manner or means by which such carriers perform transportation services.
11. Data & Privacy
Joyner's collection, use, and disclosure of personal information in connection with the Service is governed by the Joyner Privacy Policy, available at myjoyner.com, which is incorporated into these Terms by reference. By using the Service, you consent to such collection and use.
12. Intellectual Property
All content, trademarks, logos, software, and materials associated with the Service, including the "Joyner" name and marks, are the property of Joyner Transportation & Logistic Services LLC or its licensors and are protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in such property except a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose.
13. Term & Termination
These Terms remain in effect for as long as you use the Service. Joyner may suspend or terminate your access to the Service at any time, with or without cause or notice, including for breach of these Terms, non-payment, safety concerns, or suspected fraud. You may stop using the Service at any time. Provisions of these Terms that by their nature should survive termination (including limitation of liability, indemnification, dispute resolution, and intellectual property provisions) will survive.
14. Dispute Resolution; Binding Arbitration
14.1 Agreement to Arbitrate
You and Joyner agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, where applicable, its Consumer Arbitration Rules), as then in effect. The arbitration will be conducted by a single arbitrator and will take place in Fulton County, Georgia, unless the parties agree otherwise or applicable law requires a different venue. Judgment on the arbitration award may be entered in any court having jurisdiction.
14.2 Class Action Waiver
YOU AND JOYNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found unenforceable as to a particular claim or dispute, that claim or dispute will be resolved in court, and the remainder of this arbitration agreement will remain in effect.
14.3 Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to legal@myjoyner.com within thirty (30) days of first accepting these Terms. Your notice must include your name, account information, and a clear statement that you wish to opt out of arbitration. If you opt out, all disputes will be resolved in accordance with Section 15 (Governing Law) through the courts identified therein.
15. Governing Law
These Terms and any dispute arising out of or related to them or the Service shall be governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles, except to the extent governed by the Federal Arbitration Act with respect to the Dispute Resolution section above. To the extent any matter is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Fulton County, Georgia.
16. Force Majeure
Joyner shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, weather, traffic conditions, road closures, governmental action, labor disputes, civil unrest, pandemic, fuel shortages, equipment failure, or other events of force majeure.
17. General Provisions
17.1 Modifications
Joyner may revise these Terms from time to time. Material changes will be communicated via the Service, email, or posting an updated effective date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
17.2 Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
17.3 Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
17.4 Assignment
You may not assign or transfer these Terms or any rights hereunder without Joyner's prior written consent. Joyner may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
17.5 Entire Agreement
These Terms, together with any referenced policies and service-specific addenda, constitute the entire agreement between you and Joyner regarding the Service and supersede all prior agreements and understandings.
17.6 Notices
Notices to Joyner should be sent to legal@myjoyner.com or to Joyner Transportation & Logistic Services LLC, Atlanta, Georgia. Joyner may provide notices to you via the contact information associated with your account.
17.7 Contact
Questions about these Terms may be directed to legal@myjoyner.com.