Terms and Conditions of Service

 These Terms and Conditions ("Agreement") constitute a legally binding contract between Best of the Best Brokerage LLC, a limited liability company duly organized under the laws of the State of Georgia, with its principal office located in Cairo, Georgia (hereinafter "Broker," "Company," "we," or "us"), and any party accessing our services or website (hereinafter "Client," "Shipper," or "you"). By using our website, submitting payment, or requesting services, you expressly agree to be bound by the following terms.

 Best of the Best Brokerage LLC is a duly licensed and bonded property broker authorized to operate under Federal Motor Carrier Safety Administration (FMCSA) authority pursuant to 49 U.S.C. § 13904. Our Motor Carrier (MC) number is 1323274, and our U.S. DOT number is 3739620. The Company holds a valid $75,000 Freight Broker Surety Bond (BMC-84) and does not operate as a motor carrier or freight forwarder. At no time does Broker assume custody or control of freight. 

 Broker exclusively arranges transportation between shippers and duly authorized third-party motor carriers. Broker shall not be liable for acts or omissions of such carriers. All claims for cargo loss, damage, delay, or misdelivery must be filed directly with the carrier. 

Under no circumstances shall Broker be held liable for: 

• Indirect, incidental, consequential, special, exemplary, or punitive damages; 
• Lost profits, business interruption, or reputational harm; 
• Carrier delays, mechanical failures, weather events, labor disputes, or acts of God. 

 ALL PAYMENTS MADE TO BROKER OR ITS AFFILIATED ENTITIES, INCLUDING BUT NOT LIMITED TO DEPOSITS, RETAINERS, OR SERVICE FEES, SHALL BE DEEMED FINAL, NON-REFUNDABLE, NON-CREDITABLE, AND NON-TRANSFERABLE UPON RECEIPT, WITHOUT EXCEPTION. 

This irrevocable policy applies regardless of: 

• Cancellation, delay, or rescheduling of services; 
• Client dissatisfaction with any portion of the process; 
• Changes in shipment details, equipment, or location; 
• Miscommunication or misunderstanding, whether verbal or written; 
• Force majeure events, including acts of God or carrier failure. 

Upon payment, Client irrevocably waives any and all legal or equitable claims to reimbursement, including but not limited to consumer protections, credit card chargebacks, ACH reversals, civil complaints, small claims actions, or arbitration petitions. 

Any effort to dispute a valid charge shall constitute a material breach of this Agreement, entitling Broker to immediate legal recourse, including: 

• Full recovery of disputed amounts; 
• Interest at the maximum rate permitted by law; 
• Collection agency fees, court costs, and attorney’s fees; 
• Liquidated damages, reputational reporting, and enforcement remedies. 

This clause shall survive termination of this Agreement and supersede all conflicting provisions of state or federal law, to the maximum extent permitted. 

 All rate estimates are non-binding and subject to change based on final shipment specifications. Acceptance of a rate confirmation constitutes a binding obligation by Client to remit full payment as invoiced. No verbal modifications shall be enforceable. 

 All cancellation or modification requests must be made in writing. Broker reserves sole discretion to accept changes. No cancellation, regardless of cause or timing, shall relieve Client of its full payment obligation. Section 3 shall govern all outcomes. 

 Broker agents, whether employees or independent contractors, act solely on behalf of the Company. They: • Have no authority to alter or waive these Terms; • Are not personally liable for disputes or claims; • Shall not make enforceable oral representations. Clients shall not rely on any statement not contained within this written Agreement. 

 Broker agents, even when acting as independent contractors, are strictly bound by these Terms. Any breach or deviation shall not affect enforceability against the Client. Clients are required to review and accept this Agreement prior to service. Furthermore, any third-party entity, subcontractor, broker agent, or representative acting on behalf of a Client —whether formally engaged, informally appointed, or acting under independent authority—shall be equally and fully bound by the terms and obligations herein. No third-party acting as an intermediary, regardless of legal structure or affiliation, shall be exempt from these provisions. The Client shall remain jointly and severally liable for all actions or representations made by such intermediaries in connection with the services provided by Broker or its affiliates. 

 All materials, pricing, communications, and business procedures shared by Broker are confidential. Client shall not disclose such information without prior written consent. Unauthorized use or disclosure may result in legal action. 

 Client shall indemnify, defend, and hold harmless Broker and its affiliates from any claim, loss, liability, cost, or damage arising out of: • Client’s breach of this Agreement; • Misstatements regarding freight details; • Acts or omissions of Client or its agents. 

 Client shall indemnify, defend, and hold harmless Broker and its affiliates from any claim, loss, liability, cost, or damage arising out of: 

• Client’s breach of this Agreement; 
• Misstatements regarding freight details; 
• Acts or omissions of Client or its agents. 

 This Agreement shall be governed by the laws of the State of Georgia, without regard to conflicts of law. All legal interpretations shall favor enforceability and commercial purpose. 

 Any dispute shall be resolved exclusively by binding arbitration in Grady County, Georgia, pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award may be entered in any court of competent jurisdiction. Each party shall bear its own legal fees unless otherwise ordered. This clause survives termination of the Agreement. 

 Clients agree to use the website and services solely for lawful purposes. Any unauthorized use, including scraping, hacking, or interference, may result in legal action and immediate service denial. 

 Broker may amend this Agreement at any time by posting updated Terms. Continued use of services constitutes acceptance of modifications. Clients are responsible for reviewing changes. 

 These Terms extend to all affiliated entities, including but not limited to Best of the Best Consultants LLC, a Mississippi-registered company. Any Client remitting payment or engaging services through such entities agrees to be bound fully by these Terms. No refunds, credits, or compensation shall be issued by Best of the Best Consultants LLC. All obligations, waivers, and indemnities apply jointly and severally to both entities. 

 If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such determination shall not affect the validity or enforceability of the remaining provisions. All disclaimers, indemnities, waivers, and limitations of liability shall survive the termination or expiration of this Agreement indefinitely 

 This Agreement constitutes the entire and exclusive understanding between the parties and supersedes all prior negotiations, representations, or agreements, whether oral or written. No amendment, waiver, or modification of this Agreement shall be valid unless made in a signed writing executed by an authorized representative of the Broker. Any purported oral modification shall be null and void. 

 To the fullest extent permitted by law, each party knowingly and irrevocably waives the right to trial by jury and the right to participate in any class, collective, or representative action, arbitration, or proceeding. Any claims shall be pursued solely on an individual basis and not in a consolidated or class action format