Online Access Agreement

I. Introduction

This Online Access Agreement (this "Agreement") contains the terms that govern your use of the Ship Inc Online Rating and Shipment Processing System.

In this Agreement we will use the word "System" to refer to the Ship Inc Online Rating and Shipment Processing System.

By using the System to rate and process Less-Than-Truckload (LTL), Truckload (TL), Partial Truckload, and Air-Freight shipments, you are agreeing to the terms of this Agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCEPT THE TERMS OF THIS AGREEMENT.

In this Agreement, the words:

• "we," "us," "our" and "Ship Inc" are used to refer to Ship Inc and any of their affiliates or direct or indirect subsidiaries;
• "End-User" is used to refer to the individual, business, or an authorized representative in which authority of any kind has been bestowed upon them by the individual or business to use the System on their behalf.

Notwithstanding any other Access Agreement or Terms and Conditions with respect to your access to the System, this Agreement shall have precedence in interpreting any inconsistencies in the provisions of such agreements.

This System does not transmit any personally identifiable information from your computer to Ship Inc computer systems without your consent.

II. Terms of Agreement

The conditions of this agreement are as follows:

Rates:

Rates are effective for all outbound, drop-ship and inbound shipments that are clearly marked "Bill Third Party to Ship Inc or affiliates".

Ship Inc guarantees the integrity of the rates 100%, with exception to carrier reclassification, shipment reweighs and accessorial charges.

Payment to Carrier:

Ship Inc will pre-audit and pay all carrier freight invoices on behalf of End-User for shipments processed through the System that are marked "Bill Third Party to Ship Inc or affiliates".

Invoice to End-User:

Ship Inc will provide End-User with a weekly invoice of all freight shipments.

End-User agrees to pay each shipment at the invoiced amount and within the payment terms listed on the invoice. If End-User fails to pay invoice within payment terms as listed on the invoice, Ship Inc will uphold the finance charge as listed on the invoice.

Invoiced amount may differ from estimated price in System due the exclusion of accessorial charges by the End-User during the rating process or charges may be assessed by the carrier to complete the pickup or delivery.

Additional charges passed through by the carrier could be for accessorial charges, re-weighs or reclassifications. Accessorial charges could entail: job site delivery, lift-gate requirement, notification, residential delivery, re-consignment, re-bill, COD shipment or hazardous material handling. Accessorial charges cannot be corrected after the shipment has been tendered.

Ship Inc will assist in researching the re-weighs and reclassification charges. If such charges are reduced Ship Inc will issue a credit for the difference back to End-User. If charges are not reduced, End-User is responsible for paying the full amount as invoiced by Ship Inc.

Claims:

It is the responsibility of the End-User to process damaged or loss claims with the carrier direct. Ship Inc will assist End-User in handling freight claims for lost or damaged freight at the request of the End-User. Ship Inc will not be responsible for any freight claims that are denied for any reason by the specified carrier. If Ship Inc recovers any costs for End-User, Ship Inc will issue 100% of the claim amount back to End-User. Ship Inc cannot be held responsible for any type of product liability.

Carrier Correspondence:

End-User agrees to forward all carrier correspondence relating to shipments processed through the System to Ship Inc.

SI Project Contact:

Jesse Moore
jmoore@shipinc.com
800-870-1233