UNLESS AND TO THE EXTENT OTHERWISE SPECIFIED IN WRITING BETWEEN SHIPPER (“APPLICANT”) AND Courier HotShot Runners Denver LLC OR ANY OF ITS SUBSIDIARIES (“SELLER” or “Courier HotShot Runners Denver LLC”), AS CONSIDERATION FOR THE USE OF Courier HotShot Runners Denver LLC’S SERVICES AND/OR THE ADVANCEMENT OF CREDIT, APPLICANT(S) INDIVIDUALLY, JOINTLY AND SEVERALLY (“Customer”) AGREES TO THE TERMS AND CONDITIONS SET FORTH BELOW. THESE TERMS AND CONDITIONS ARE EXPRESSLY INCORPORATED INTO ANY CREDIT AGREEMENT SIGNED BY CUSTOMER, ANY BILL OF LADING EXECUTED BY Courier HotShot Runners Denver LLC, CUSTOMER, OR CARRIER, AND ALL OTHER TRANSACTIONS BETWEEN CUSTOMER AND Courier HotShot Runners Denver LLC. THESE TERMS AND CONDITIONS ARE POSTED AT:

The Customer agrees to these TERMS AND CONDITIONS, which no agent or employee of the parties may change, alter or in any way transform. These TERMS AND CONDITIONS shall apply to all shipments by Customer. Courier HotShot Runners Denver LLC reserves the right to alter or amend these TERMS AND CONDITIONS. If not stated within the carrier's General Rules Tariff, the following TERMS AND CONDITIONS shall control. In the case of conflict between the TERMS AND CONDITIONS contained herein and those set forth by the individual selected carrier's General Rules Tariff, the selected carrier's General Rules Tariff shall control; however, under no circumstance shall the scope of Courier HotShot Runners Denver LLC’s liability be greater than specified in these TERMS AND CONDITIONS. All Terms, including, but not limited to, all the limitations of liability, shall apply to the selected carrier and their agents and contracted carriers.

1. Rates. Truck Load (“TL”) rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are state to state and mileage based. Additional charges may apply for charges including but not limited to, Tractor Detention, Trailer Detention, and Driver Assistance, and Layover. Air Freight rates are based on the greater of actual or dimensional weight. If an Air Freight shipment contains oversize freight, additional charges and transit days may apply. Van Line rates are driven by state to state/mileage, weight (actual or density) and commodity/product type. Flatbed rates are based on equipment type, state to state/mileage and weight. If a flatbed shipment contains oversize freight, additional charges and transit days may apply. All displayed transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed.

2. Hazardous Materials. Customer and Courier HotShot Runners Denver LLC shall comply with all applicable laws and regulations relating to the transportation of hazardous materials as defined in 49 CFR §172.800 and §173 et seq. to the extent that any shipments constitute hazardous materials. Customer is obligated to inform Courier HotShot Runners Denver LLC immediately if any such shipments do constitute hazardous materials. Customer shall defend, indemnify and hold Courier HotShot Runners Denver LLC harmless from any penalties or liability of any kind, including reasonable attorney fees, arising out of Customer’s failure to comply with applicable hazardous materials laws and regulations.

3. Independent Contractors. It is understood between Courier HotShot Runners Denver LLC and Customer that Courier HotShot Runners Denver LLC is not an agent for the Carrier or Customer and shall remain at all times an independent contractor. Customer does not exercise or retain any control or supervision over Courier HotShot Runners Denver LLC, its operations, employees, or carriers.

4. Waiver. Failure of either party to insist upon performance of any of these terms and conditions, or to exercise any right or privilege herein, or the waiver of any breach of any of these terms and conditions, shall not be construed as thereafter waiving any such terms, conditions, provisions, rights or privileges, but the same shall continue and remain in full force and effect as if no forbearance or waiver had occurred.

5. Back Solicitation. Customer shall not solicit the services of Courier HotShot Runners Denver LLC’s motor or other freight carriers where the Customer’s use of such carrier first occurred through the Courier HotShot Runners Denver LLC’s efforts. If the Customer breaches this provision, Courier HotShot Runners Denver LLC shall be entitled, as reasonable damages and not as a penalty, to a commission of fifteen percent of the gross revenue from traffic assigned by Customer to such carrier for a period of fifteen months. Customer also agrees that the breach of this provision entitles Courier HotShot Runners Denver LLC to be entitled to obtain an injunction against Customer in a court of competent jurisdiction, at Courier HotShot Runners Denver LLC’s option.