Terms of Use Terms Governing This Site

Welcome to https://www.whisk-freight.com/ (the “Website”), operated by Whisk Freight Brokerage, LLC (“Whisk Freight Brokerage,” “Whisk,” “we,” “us,” or “our”). References to the Website include the www and non-www forms of that domain and any subdomains operated by Whisk Freight Brokerage.

These Terms of Use (“Terms”) govern your access to and use of the Website.

By accessing or using the Website, you agree to these Terms. If you do not agree to these Terms, please do not use the Website.

1. Purpose of the Website

The Website provides general information concerning Whisk Freight Brokerage and its freight brokerage, drayage, transload and warehousing, and related services.

The Website is intended primarily for business and commercial users.

Information on the Website is provided for general informational purposes and does not necessarily constitute an offer to provide transportation or logistics services.

2. Eligibility

The Website is intended for use by businesses and by individuals who are at least eighteen (18) years of age and who can form legally binding agreements under applicable law. The Website is not directed to children, and we do not knowingly collect personal information from individuals under eighteen (18) years of age.

If you use the Website on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, and “you” refers to that entity.

3. No Transportation Contract Created by Website Use

Your use of the Website, submission of a Contact Us form, request for information, or request for a quotation does not by itself create a transportation contract, carrier agreement, broker agreement, service contract, tariff, bill of lading, or other binding transportation agreement between you and Whisk Freight Brokerage.

Actual transportation and logistics services are subject to the applicable written agreements, quotations, rate confirmations, bills of lading, tariffs, service contracts, shipping documents, and other governing documents applicable to the particular transaction.

If there is a conflict between these Terms and a separate written agreement governing transportation or logistics services, the applicable transportation or logistics agreement will control with respect to those services.

4. Relationship to Whisk Logistics LLC

Whisk Logistics LLC is a separate legal entity under common ownership with Whisk Freight Brokerage, LLC. The Website may describe or link to Whisk Logistics LLC and its services for informational purposes.

These Terms are entered into with Whisk Freight Brokerage, LLC only. Nothing on the Website or in these Terms creates any obligation of, or agreement with, Whisk Logistics LLC. Services provided by Whisk Logistics LLC are governed by that entity’s own agreements, terms, and policies.

5. Quotations and Service Requests

Information submitted through the Website may be used by Whisk Freight Brokerage to evaluate inquiries and respond to requests for transportation or logistics services.

Any rate, quotation, estimate, availability statement, transit-time estimate, capacity information, or other information provided through the Website or in response to a Website inquiry is subject to confirmation and applicable terms and conditions.

Unless expressly stated otherwise in a written agreement signed by an authorized representative of Whisk Freight Brokerage, information contained on the Website or communicated in response to a Website inquiry does not constitute a binding commitment by Whisk Freight Brokerage to provide services at a particular rate, capacity, schedule, or service level.

6. Website Information

Whisk Freight Brokerage attempts to maintain accurate and current information on the Website.

However, information concerning transportation markets, ports, rates, capacity, schedules, equipment availability, regulations, transit times, service areas, and other logistics matters may change.

We do not warrant that Website information will always be:

• Accurate;
• Complete;
• Current;
• Error-free;
• Available without interruption; or
• Suitable for a particular purpose.

Whisk Freight Brokerage reserves the right to correct errors, update information, modify Website content, or discontinue Website features at any time.

7. Professional Information Only

Information on the Website is not intended to constitute legal, tax, accounting, insurance, regulatory, or other professional advice.

Transportation and logistics requirements can vary depending on the particular shipment, cargo, origin, destination, carrier, port, equipment, contractual arrangements, and applicable law.

You should obtain appropriate professional advice concerning matters requiring legal, regulatory, tax, insurance, or other specialized expertise.

8. Permitted Use

Subject to these Terms, you may access and use the Website for lawful purposes, including:

• Learning about Whisk Freight Brokerage;
• Evaluating Whisk’s services;
• Contacting Whisk;
• Requesting information or quotations; and
• Conducting legitimate business communications.

9. Prohibited Use

You may not use the Website to:

• Violate any applicable law or regulation;
• Commit fraud or engage in deceptive activity;
• Interfere with the Website’s operation;
• Attempt to gain unauthorized access to Website systems;
• Introduce viruses, malware, malicious code, or other harmful material;
• Scrape or systematically extract Website content without authorization, except as expressly permitted in Section 10;
• Use automated systems to access the Website in a manner that imposes an unreasonable burden on the Website;
• Impersonate Whisk Freight Brokerage or another person or entity;
• Misrepresent your identity or affiliation;
• Submit false, misleading, or fraudulent information;
• Infringe another person’s intellectual property or other legal rights;
• Use Website information to compete unfairly with Whisk Freight Brokerage;
• Attempt to reverse engineer Website technology; or
• Use the Website for any unlawful or unauthorized purpose.

10. Automated Access, Search Engines, and AI Systems

Whisk Freight Brokerage permits automated access, crawling, and indexing of the Website by search engines, answer engines, and other automated agents to the extent expressly allowed by the instructions published in the Website’s robots.txt file, as updated from time to time.

Automated access that is not permitted by the robots.txt file, that circumvents technical restrictions, that imposes an unreasonable burden on the Website, or that is used to build a competing product or service is prohibited.

Except as expressly permitted above or authorized in writing, Whisk Freight Brokerage reserves all rights in the Website and its contents, including with respect to text and data mining and the training of machine learning or artificial intelligence models.

11. Intellectual Property

The Website and its contents, including text, photographs, graphics, logos, designs, videos, documents, trademarks, service marks, and other materials, are owned by or licensed to Whisk Freight Brokerage or are otherwise used with permission.

Except as expressly permitted by applicable law, permitted under Section 10, or authorized in writing by Whisk Freight Brokerage, you may not copy, reproduce, modify, distribute, publish, display, create derivative works from, sell, license, or commercially exploit Website content without Whisk Freight Brokerage’s prior written permission.

12. Whisk Freight Brokerage Trademarks

“Whisk Freight Brokerage,” the Whisk Freight Brokerage name, logos, slogans, and related marks may constitute trademarks or service marks of Whisk Freight Brokerage or its affiliates.

Nothing on the Website grants you a license or other right to use Whisk Freight Brokerage trademarks without prior written authorization.

13. Third-Party Trademarks and Content

The Website may refer to or display the names, trademarks, logos, or services of third parties.

Such references do not necessarily imply an endorsement, sponsorship, partnership, or affiliation unless expressly stated.

Third-party trademarks remain the property of their respective owners.

14. User-Submitted Information

When you submit information through the Website, including through a Contact Us form, you represent that:

• The information is accurate to the best of your knowledge;
• You have the right to provide the information;
• Your submission does not violate any law or third-party rights; and
• Your submission does not contain malicious code or other harmful material.

You grant Whisk Freight Brokerage permission to use information you submit as reasonably necessary to respond to your inquiry, provide requested services, communicate with you, and conduct our legitimate business activities, subject to our Privacy Policy and applicable law.

15. Confidential Information

The Website’s Contact Us functionality is not necessarily a secure or confidential communications system.

Unless Whisk Freight Brokerage has expressly agreed otherwise in writing, you should not submit trade secrets, highly sensitive confidential information, financial account information, passwords, Social Security numbers, or other sensitive information through the Website.

Information submitted through the Website may be processed by Website technology providers, including Cloudflare and Formspree, as described in our Privacy Policy. Information submitted through the Website’s forms is delivered by email through Formspree and is not placed in a customer relationship management system.

16. Third-Party Websites and Services

The Website may contain links to third-party websites or services.

These links are provided for convenience and do not necessarily constitute an endorsement or recommendation.

Whisk Freight Brokerage does not control third-party websites and is not responsible for their content, availability, accuracy, security, privacy practices, terms of use, or the products or services they provide.

Your use of third-party websites is subject to their own terms and policies.

17. Analytics and Technology Services

The Website uses Cloudflare for hosting, security, and Web Analytics, and Formspree to deliver form submissions by email. Those are the technology services that process Website information, as described in Whisk Freight Brokerage’s Privacy Policy.

Your use of the Website may result in information being transmitted to these service providers as described in that Privacy Policy.

18. LinkedIn and Social Media

Whisk Freight Brokerage may maintain a LinkedIn presence and may use LinkedIn to distribute business information, marketing materials, newsletters, or other communications. The Website may link to that presence.

LinkedIn is a third-party service operated independently of Whisk Freight Brokerage.

Your use of LinkedIn is subject to LinkedIn’s applicable terms, policies, and privacy practices. Whisk Freight Brokerage does not control LinkedIn’s platform or its handling of information within LinkedIn’s services.

19. Website Availability

Whisk Freight Brokerage does not guarantee that the Website will be available at all times.

We may temporarily or permanently suspend, modify, restrict, or discontinue all or part of the Website without notice.

We are not responsible for losses resulting from Website interruptions, outages, technical problems, maintenance, or events outside our reasonable control, including acts of God, natural disasters, labor disputes, port or terminal disruptions, utility or network failures, cyberattacks, governmental action, or other causes beyond our reasonable control.

20. Security

You agree not to attempt to circumvent or interfere with security measures used to protect the Website.

We use reasonable measures designed to protect the Website and information submitted through it, but no Internet-based system can be guaranteed to be completely secure.

21. Accessibility

Whisk Freight Brokerage is committed to making the Website accessible to users, including users with disabilities, and works toward conformance with generally recognized accessibility standards.

Accessibility is an ongoing effort, and we welcome feedback. If you encounter difficulty accessing any part of the Website, or if you would like to request information in an alternative format, please contact us using the information in Section 30 and we will work with you to provide the information or transaction you seek through an accessible means.

22. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT AND INFORMATION AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WHISK FREIGHT BROKERAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

WHISK FREIGHT BROKERAGE DOES NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETE, CURRENT, OR RELIABLE.

Nothing in these Terms limits any warranty or right that cannot lawfully be limited or excluded.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHISK FREIGHT BROKERAGE, LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

THIS INCLUDES, TO THE EXTENT PERMITTED BY LAW, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF WHISK FREIGHT BROKERAGE ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO WHISK FREIGHT BROKERAGE, IF ANY, FOR ACCESS TO THE WEBSITE DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

This limitation does not apply to liability that cannot legally be limited or excluded under applicable law.

Nothing in these Terms modifies any limitation of liability contained in a separate written transportation agreement, tariff, bill of lading, service contract, or other governing agreement applicable to transportation services.

24. Time Limitation on Claims

To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to the Website or these Terms must be commenced within one (1) year after the claim or cause of action accrues, or it will be permanently barred.

This Section does not apply to, and does not shorten, any limitation period applicable to claims arising under a separate transportation agreement, tariff, bill of lading, or service contract, or any limitation period that cannot lawfully be shortened.

25. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Whisk Freight Brokerage, LLC and its members, managers, officers, employees, agents, affiliates, and service providers from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Your violation of these Terms;
• Your unlawful use of the Website;
• Your violation of another person’s rights;
• Information you submit through the Website; or
• Your intentional or negligent misuse of the Website.

26. Copyright Complaints

If you believe that material available on the Website infringes your copyright, you may notify us at the address in Section 30. Your notice should include: identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and its location on the Website; your contact information; a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner; and your physical or electronic signature.

We may remove or disable access to material claimed to be infringing and may terminate access for repeat infringers.

27. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent federal law controls.

Any dispute concerning the Website or these Terms is subject to the provisions of Section 28 herein.

28. Dispute Resolution and Class Action Waiver

Any dispute arising out of or relating to the Website or these Terms that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association under its commercial arbitration rules, before a single arbitrator, seated in Los Angeles County, California. Judgment on the award may be entered in any court of competent jurisdiction.

To the maximum extent permitted by law, you and Whisk Freight Brokerage each waive any right to bring or participate in a class, collective, consolidated, or representative action. This Section does not apply to claims that cannot lawfully be subject to arbitration or class waiver.

29. General Provisions

Transportation services are governed by separate agreements. These Terms apply to use of the Website. They do not replace or modify any applicable written agreement governing transportation, logistics, freight brokerage, drayage, transload, warehousing or other services arranged by Whisk Freight Brokerage. Such services may be subject to separate contractual terms, including applicable bills of lading, tariffs, rate confirmations, service agreements, carrier agreements, broker agreements, or other governing documents. If a conflict exists between these Terms and a separate written agreement governing a specific transaction, the separate written agreement controls with respect to that transaction.

Changes to these Terms. Whisk Freight Brokerage may modify these Terms from time to time. Updated Terms will be posted on the Website with a revised “Effective Date” or “Last Updated” date. Your continued use of the Website following publication of revised Terms constitutes acceptance of the revised Terms to the extent permitted by applicable law.

Assignment. Whisk Freight Brokerage may assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate. You may not assign these Terms without our prior written consent.

Notices. We may provide notices to you by posting them on the Website or by sending them to any email address you provide. You may provide notices to us using the contact information in Section 30.

Severability. If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

Waiver. Whisk Freight Brokerage’s failure to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision later.

Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

Entire agreement. These Terms, together with Whisk Freight Brokerage’s Privacy Policy and any other policies expressly incorporated into these Terms, constitute the agreement between you and Whisk Freight Brokerage concerning your use of the Website. These Terms do not supersede or replace any separate written agreement governing transportation or logistics services.

30. Contact Information

Questions concerning these Terms may be directed to: