Driver Agreement and Terms of Use

DRIVER AGREEMENT AND TERMS OF USE

Every day, millions of vehicles move around with empty trunks, empty back seats, and spare luggage space. Using the latest technology and internet software, CitizenShipper.com offers various transporters and shippers a chance to fill those empty spaces by connecting shippers in need of low-cost shipping services to authorized carriers or casual and occasional transporters.

1. ACCEPTANCE OF TERMS

CitizenShipper.com provides a collection of online resources, including a load board, etc. (referred to hereafter as "the Service") subject to the following Agreement and Terms of Use ("Agreement"). By using the Service in any way, ('Transporter') agrees to comply with the Agreement. In addition, when using particular CitizenShipper.com services, Transporter agrees to abide by any applicable posted guidelines for all CitizenShipper.com services, which may change from time to time. Should Transporter object to any term or condition of the Agreement, any guidelines, or any subsequent modifications thereto or become dissatisfied with CitizenShipper.com in any way, Transporter's only recourse is to immediately discontinue use of CitizenShipper.com. CitizenShipper.com has the right, but is not obligated, to strictly enforce the Agreement through self-help, community moderation, active investigation, litigation and prosecution.

2. COMPLIANCE WITH APPLICABLE LAW

Transporter represents and warrants that it is duly and legally qualified to provide the transportation services contemplated herein. Transporter further agrees to comply with any and all applicable federal, state, provincial, and/or local statute, regulation or rule regarding the provision of the transportation services including insurance contemplated by Transporter's participation in the Service unless otherwise exempt from federal regulation by the 'casually, occasionally, or reciprocally, but not as a regular occupation or business' exemption found under 49 U.S.C. § 13506(b)(2). Transporter represents and warrants that it has not been convicted of any criminal offense, including, but not limited to, theft, assault, dangerous driving, driving while intoxicated, or manslaughter which would prohibit Transporter from entering Canada or the United States.

3. ACCOUNT REGISTRATION AND CERTIFICATION

CitizenShipper.com requires Transporter to register with the Service by providing its name and address and creating a username and password.

4. CONTENT

Transporter understands that all postings (including, but not necessarily limited to, any transporter-availability information), messages, text, files, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person or entity from whom such Content originated. More specifically, Transporter is entirely responsible for each individual item ("Item") of Content that Transporter posts, emails or otherwise makes available via the Service. Transporter understand that CitizenShipper.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, Transporter may be exposed to Content that is inaccurate, misleading, or otherwise objectionable. Furthermore, the CitizenShipper.com site and Content available through the Service may contain links to other websites, which are completely independent of CitizenShipper.com. CitizenShipper.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Transporter linking to any other websites is at Transporter's own risk. Transporter agrees that Transporter must evaluate, and bear all risks associated with the use of any Content, that Transporter may not rely on CitizenShipper.com in respect of said Content, and that under no circumstances will CitizenShipper.com be liable in anyway for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. Transporter acknowledges that CitizenShipper.com does not pre-screen or approve Content or monitor the same, but that CitizenShipper.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Agreement or for any other reason.

5. FEES

By accepting this Agreement, a Driver agrees that we may obtain information about the Driver, including without limitation the Driver’s driving record, references and credit information. A Driver hereby authorizes Us to perform a background check on Driver, and further agrees to provide any necessary authorization to facilitate Our access to the Driver’s official driving record, references and credit information during the term of the Agreement. Transporter also agrees to Citizenshipper performing an address verification by comparing analyzing credit card information provided by the driver. Transporter is responsible for notifying CitizenShipper regarding possible errors in any charges or fees applied to the transporter, and transporter agrees to hold CitizenShipper harmless should errors in fees or charges arise. Any claim to refund charges made in error are valid for 90 days after the charge was made, after which time transporter rescinds any claim to refunds on charges made in error. Drivers agree to a $24.99 per month subscription fee to use of the site, in effect as of 6/7/2016.

6. LIMITATIONS ON SERVICE

Transporter acknowledges that CitizenShipper.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number of postings, or other Content that may be transmitted or stored by the Service, and the frequency with which Transporter may access the Service. Transporter agrees that CitizenShipper.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. Transporter acknowledges that CitizenShipper.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that CitizenShipper.com shall not be liable to Transporter or to any third party for any modification, suspension or discontinuance of the Service.

7. ACCESS TO THE SERVICE

Upon creation of a valid username and password and strictly contingent upon successful certification, pursuant to Paragraph 3 of the Agreement, CitizenShipper.com grants Transporter a limited, revocable, nonexclusive license to access the Service for Transporter's own personal use. Use of the Service beyond the scope of authorized access granted to Transporter by CitizenShipper.com immediately terminates said permission or license.

8. LOSS, DAMAGE OR DELAY CLAIMS

Transporter shall immediately report all lost, damaged and delayed shipments to Shipper. Immediately thereafter, Transporter shall report such loss, damage or delay to CitizenShipper.com. Transporter agrees to cooperate fully with Shipper and with CitizenShipper.com with respect to any loss, damage or delay claim of Shipper.

10. TERMINATION OF SERVICE

Transporter agrees that CitizenShipper.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate Transporter's account, block Transporter’s email or IP address, or otherwise terminate Transporter's access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if CitizenShipper.com believes that Transporter has acted inconsistently with the letter or spirit of the Agreement. Further, Transporter agrees that CitizenShipper.com shall not be liable to Transporter or any third-party for any termination of Transporter's access to the Service. Further, Transporter agrees not to attempt to use the Service after said termination.

11. APPROPRIATE USE

By registering with CitizenShipper.com, Transporter represents, warrants and covenants that (1) Transporter is at least 21 years of age; (2) Transporter is or represents a bona fide business entity; (3) Transporter's access to the Service is for commercial purposes and is limited to taking commercial advantage of the Service; (4) Transporter will not permit non-registered users to use the Service without the express permission of CitizenShipper.com; and (5) Transporter will not disclose Transporter's CitizenShipper.com password or provide access to Transporter’s CitizenShipper.com account to non-registered users without the express permission of CitizenShipper.com. (6) Transporter will not disclose personal or identifying information or make contact with other persons outside of Citizenshipper.com unless expressly allowed by Citizenshipper.com, or after being accepted/hired by said person through Citizenshipper.com.

By violating these warranties, Transporter risks having Transporter's account terminated by CitizenShipper.com without warning, in addition to being subject to any other legal remedies that may be available under the Agreement or that may be available under state and/or federal law. To the extent CitizenShipper.com may have to sue Transporter to enforce any part of the Agreement, or other federal, state or provincial law violations committed by Transporter while accessing or using the Service, Transporter expressly agrees to bear the costs of that enforcement, including without limitation, all related attorneys' fees.

12. DISCLAIMER OF WARRANTIES

CitizenShipper.com facilitates the movement of shipments by maintaining an online load-matching service for use by transporters and shippers, but CitizenShipper.com does not arrange for the movement of shipments. All such arrangements are made by the users of the Service, and any terms and conditions of such shipment movement are solely between the transporter and the shipper. CitizenShipper.com assumes no liability or responsibility for the labeling, handling, packaging or preparation for transport of shipments posted with the Service and it makes no representations or warranties as to the transit worthiness of same or whether the same is, in fact, safe for handling or transport which remains the responsibility of the Shipper and/or the Transporter or carrier as the case may be. No agency, partnership, joint venture, employee-employer, or franchisee-franchisor relationship is intended or created by Transporter's use of the Service or by the Agreement.

Transporter's use of the Service is at Transporter’s own risk. While CitizenShipper.com makes reasonable efforts to post accurate and timely information, CitizenShipper.com makes no representations or warranties of the accuracy of the Service's content and assumes no liability or responsibility for inaccuracies, errors, or omissions in such content.

Neither CitizenShipper.com nor any other party involved in the creation, distribution, or display of the Service is liable for any lost profits or any direct, indirect, punitive, incidental, special, or consequential damages that result from the use, or inability to use, the Service, even to the event of its own negligence. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL CONTENT AND SERVICES PROVIDED TO TRANSPORTER THROUGH THE SERVICE ARE DELIVERED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

CitizenShipper.com does not warrant that the Service or its server(s) are free of viruses or other harmful components that may infect or damage Transporter’s computer equipment or other property as a result of Transporter accessing, browsing, and/or using the Service, downloading information, or printing information through the Service.

CitizenShipper.com does not warrant that the Service or its server(s) are free of viruses or other harmful components that may infect or damage Transporter's computer equipment or other property as a result of Transporter accessing, browsing, and/or using the Service, downloading information, or printing information through the Service.

13. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CITIZENSHIPPER.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CITIZENSHIPPER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OF TRANSPORTER'S USE OF THE CITIZENSHIPPER.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CITIZENSHIPPER.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE CITIZENSHIPPER.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CITIZENSHIPPER.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CITIZENSHIPPER.COM SITE OR THE SERVICE OR ANY LINKS ON THE CITIZENSHIPPER.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CITIZENSHIPPER.COM SITE OR THE SERVICE OR ANY LINKS ON THE CITIZENSHIPPER.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to Transporter.

14. INDEMNITY

Transporter agrees to indemnify and hold CitizenShipper.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content Transporter submits, posts or makes available through the Service, Transporter's use of the Service, Transporter's violation of the Agreement, Transporter's breach of any of the representations and warranties herein, Transporter's performance [or the lack thereof] of its mandate or Transporter’s violation of any rights of another.

15. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

CitizenShipper.com's failure to act with respect to a breach by Transporter or others does not waive its right to act with respect to subsequent or similar breaches.

Transporter understands and agrees that, because damages are often difficult to quantify, if it becomes necessary for CitizenShipper.com to pursue legal action to enforce any part of the Agreement, Transporter will be liable to pay CitizenShipper.com the following amounts as liquidated damages, which Transporter accepts as reasonable estimates of CitizenShipper.com's damages for the specified breaches of the Agreement:

(a) If Transporter posts Content that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents Transporter's affiliation with a person or entity; or (3) that includes personal or identifying information about another person or entity without that person or entity's explicit consent, Transporter agrees to pay CitizenShipper.com one thousand dollars ($1,000) for each item of Content posted.

(b) If Transporter posts Content in violation of the Agreement, other than as described above, Transporter agrees to pay CitizenShipper.com one hundred dollars ($100) for each item of Content posted. In its sole discretion, CitizenShipper.com may elect to issue a warning before assessing damages.

Otherwise, Transporter agrees to pay CitizenShipper.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Agreement, CitizenShipper.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Agreement, or any combination thereof.

16. MODIFICATIONS TO THIS AGREEMENT

CitizenShipper.com reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. Transporter must review this agreement on a regular basis to keep apprised of any changes. Transporter can find the most recent version of the Agreement at:

http://www.citizenshipper.com

17. TRANSPORTER LIABILITY

Contacting any of our users, defaming our business integrity, or making damaging statements regarding our business and services, may cause irreparable harm to our brand and identity. We will hold Transporters personally liable for defamation or slander and will pursue each and every legal remedy at our disposal. Each message sent out that contains any harmful statements about our business will be subject to a fine of $1,000.

If Transporter fails to fulfill its obligations to shippers, it will be personally liable to cover the lost booking deposit fees that the shipper has sent us, plus additional fees CitizenShipper feels are justified, due to the damage to CitizenShipper’s reputation that Transporter’s actions may have caused. 

After a Transporter is banned and suspended from our site, the Transporter may not sign up to CitizenShipper’s site using a different business name, or have a family member or associate sign up when it is reasonably clear that it is the same or related business entity attempting to the CitizenShipper site after being suspended. Each attempt to create a new account after being suspended will subject Transporter to a penalty of $1,000. 

If a Transporter DOES sign up as a new entity on CitizenShipper’s site, but is clearly operating as the entity that was previously banned and suspended from the site, then the new entity will be treated the same as the original entity.

Transporter agrees to review the terms and conditions of the site on a regular basis, and agrees that any modifications to the terms are applicable to the Transporter each time the Transporter logs into the site.

18. GENERAL INFORMATION

The Agreement constitutes the entire agreement between Transporter and CitizenShipper.com and governs Transporter's use of the Service, superseding any prior agreements between Transporter and CitizenShipper.com. The Agreement and the relationship between Transporter and CitizenShipper.com shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. Transporter and CitizenShipper.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Arapahoe, Colorado. The failure of CitizenShipper.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Transporter agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.