Terms & Conditions

Last updated: August 26, 2025

1) Agreement to Terms

These Terms & Conditions (“Terms”) govern your access to and use of fulcrosspro.com (the “Site”) and any logistics, warehousing, fulfillment, cross-docking, or related services provided by FulCross Pro LLC (“FulCross Pro,” “we,” “us,” or “our”) (collectively, the “Services”). By accessing the Site or engaging us for Services, you agree to these Terms. If you do not agree, do not use the Site or the Services.

2) Changes to Terms

We may update these Terms at any time. The “Last updated” date reflects the current version. Continued use of the Site or Services after updates constitutes acceptance.

3) Privacy and Cookies

Your use of the Site is subject to our Privacy Policy and Cookie Policy, which explain how we collect and process personal information. By using the Site or submitting any forms (including Careers/Talent Pool), you consent to those policies.

4) Eligibility and Accounts

You must be at least 18 years old and have authority to bind the business you represent. If you create or are provided an account or portal access, you are responsible for safeguarding credentials and all activity under your account.

5) Quotes, Orders, and Statements of Work

Estimates, quotes, rate sheets, and Statements of Work (“SOWs”) are valid only for the period stated and are subject to change based on volume, weight, dimensions, accessorials, and actual conditions. A binding engagement arises when you accept a quote/SOW in writing or we begin performing at your written request. In case of conflict, the order of precedence is: signed master services agreement (if any), SOW/quote, these Terms, then any other documents.

6) Customer Responsibilities

You agree to provide complete and accurate information (including SKUs, counts, weights, dimensions, hazardous declarations, special handling, and delivery instructions), to comply with applicable laws and carrier rules, and to timely furnish approvals required for us to proceed. Unless otherwise agreed, you are responsible for packaging suitable for transport and storage, proper palletization, and labeling. You must not tender prohibited items or hazardous materials unless we explicitly agree in writing and all legal requirements are met.

7) Receiving, Storage, and Inventory

We may inspect, measure, or weigh freight but are not obligated to do so. We may refuse any goods that are unsafe, noncompliant, improperly labeled, leaking, or may damage other goods or facilities. Inventory records are maintained using reasonable care but may be subject to customary variances. You must promptly notify us of discrepancies.

8) Fulfillment, Cross-Docking, and Cut-off Times

We work to meet agreed cut-off times and service levels when feasible. Actual performance may vary due to carrier capacity, weather, peak volumes, compliance holds, or force majeure events. You are responsible for ensuring product readiness and timely provision of documentation (e.g., BOL, ASN).

9) Carriers, Shipping, and Risk of Loss

Unless otherwise agreed in writing, carriers are independent third parties and not our agents. Title and risk of loss transfer according to Incoterms or, if none apply, upon tender to the carrier at our dock. You are responsible for selecting service levels and for carrier charges, accessorials, and surcharges not included in a quote.

10) Damage, Loss, and Claims

We are not an insurer and do not provide insurance. You should procure cargo insurance as needed. Visible damage or shortages must be noted at delivery; concealed damage must be reported promptly. Any claim against us must be made in writing with reasonable supporting documentation within a commercially reasonable time after discovery. Carrier claim deadlines and limitations may apply and are your responsibility unless otherwise agreed.

11) Fees, Invoicing, and Payment

Unless stated otherwise, fees are exclusive of taxes, duties, accessorials, and surcharges. We may invoice recurring storage/handling fees monthly and project/transaction fees as incurred. Payment is due per the invoice terms. Late amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law, plus reasonable collection costs and attorneys’ fees. We may suspend Services or exercise a warehouseman’s or similar lien where permitted by law for unpaid charges.

12) Cancellations and Changes

You may request changes or cancellations in writing. Additional labor, rework, or restocking may incur fees. We may decline or reschedule work when safety, compliance, or capacity constraints require it.

13) Prohibited Uses of the Site

You must not misuse the Site, including by attempting unauthorized access, interfering with security or operations, scraping without consent, or posting unlawful, defamatory, infringing, or harmful content.

14) Intellectual Property

All content on the Site, including trademarks, logos, text, graphics, and software, is owned by or licensed to FulCross Pro and protected by law. You may not copy, modify, distribute, or create derivative works except as allowed by these Terms or by written permission.

15) Feedback and Submissions

If you submit suggestions, feedback, or ideas, you grant us a non-exclusive, royalty-free, worldwide, sublicensable license to use them for any lawful purpose without obligation to you.

16) Careers and Talent Pool

Submitting a resume or application does not create an employment contract or obligation to hire. Employment, if offered, is at will unless otherwise required by law or a signed agreement states differently. You represent that submitted information is accurate and lawful to provide.

17) Confidentiality

Each party may receive non-public information from the other. The receiving party will use reasonable care to protect it and will use it only for performing or receiving Services, except where disclosure is required by law.

18) Data Security

We use reasonable administrative, technical, and physical safeguards. No method is fully secure. See our Privacy Policy for details on how we handle personal information and your rights.

19) Warranties and Disclaimers

To the fullest extent permitted by law, the Site and Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not guarantee carrier performance, transit times, or outcomes outside our reasonable control.

20) Limitation of Liability

To the fullest extent permitted by law, in no event will FulCross Pro be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, or data, arising out of or related to the Site or Services, even if advised of the possibility. Our aggregate liability for claims arising from the Services will not exceed the amount you paid to us for the specific Services giving rise to the claim during the three (3) months preceding the event, or one thousand U.S. dollars (USD $1,000), whichever is greater. These limitations apply regardless of the theory of liability.

21) Indemnification

You will defend, indemnify, and hold harmless FulCross Pro and its officers, employees, and agents from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your misuse of the Site or Services, your goods or instructions, or your violation of law or third-party rights.

22) Force Majeure

Neither party is liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, extreme weather, labor disputes, epidemics, war, terrorism, government actions, power or network failures, or carrier capacity constraints. The affected party will use reasonable efforts to mitigate.

23) Third-Party Links and Services

The Site may contain links to third-party websites or services. We are not responsible for their content, policies, or practices. Your use of third-party services is at your own risk.

24) Compliance with Laws

You are responsible for complying with all applicable laws and regulations related to your goods, shipments, storage, labeling, documentation, export/import controls, sanctions, and data protection.

25) Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. The exclusive venue for disputes arising out of or relating to these Terms or the Services will be the state or federal courts located in Harris County, Texas, and you consent to their jurisdiction.

26) Informal Resolution; Claims Deadline

Before filing a lawsuit, the parties will attempt in good faith to resolve disputes through discussion between authorized representatives. Any claim against us must be brought within one (1) year after the cause of action accrues, unless a shorter period applies under governing law.

27) Severability, Waiver, and Assignment

If any provision is found unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. You may not assign your rights or obligations without our prior written consent. We may assign these Terms in connection with a business transaction or to an affiliate.

28) Entire Agreement

These Terms, together with any applicable SOWs/quotes and a signed master services agreement (if any), are the entire agreement between you and FulCross Pro regarding the Site and Services and supersede prior understandings on the same subject.

29) Contact Us

For questions about these Terms or the Services, contact:
Email: info@fulcrosspro.com