Every day, millions of vehicles move around with empty trunks, empty back seats, and spare luggage space. Using the latest technology, CitizenShipper.com provides an opportunity to fill those empty spaces by connecting individuals and businesses in need of reliable and affordable shipping services to authorized independent transporters.
Terms & Conditions
These Terms and Conditions (“Terms“) set forth the terms and conditions CitizenShipper, LLC, a Texas limited liability company (“CitizenShipper”) requires you to accept if you want access or use the CitizenShipper platform (“Platform”) via our website at www.CitizenShipper.com (“Website”) in order to receive Delivery Services from, or perform Delivery Services for, other Users of the Platform. These Terms whether stated or otherwise referenced herein constitute a legal agreement between you and CitizenShipper. By using or accessing the Platform in any manner, including receiving or performing any Delivery Services, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as published from time to time at our Website at https://citizenshipper.zendesk.com/hc/en-us/articles/203066109-Driver-Agreement-and-Terms-of-Use. Upon accessing or using the Platform, or receiving or performing Delivery Services you become a “User” of CitizenShipper’s Platform, whether as a “Driver” or a “Shipper“, as further described herein.
CitizenShipper reserves the right to modify the terms and conditions of these Terms or any of its policies relating to our Platform or the accessing of Delivery Services by our Users thereon at any time, effective upon posting of an updated version of the Terms on our website at www.CitizenShipper.com. You are still responsible for regularly reviewing these places for any updates to the Terms. Use of our Platform after any updates to these Terms shall constitute your consent to all such changes made to the Terms in such update and your affirmation of your agreement to the updated Terms as a whole.
Our Services Allow Drivers and Shippers to Connect
Our Platform makes possible a connection between those individuals and/or businesses (“Shippers“) that want to contract with someone to pick-up, carry and/or deliver personal property and goods (“Delivery Services“) and those individuals and/or businesses seeking to perform the Delivery Services (“Drivers“). The performance of Delivery Services by a Driver, the time period in which these Delivery Services are performed by a Driver, as well as the item(s) of personal property and goods being picked-up, carried and/or delivered by a Driver, are collectively referred to as a “Job”. Drivers and Shippers together are referred to as “Users“ of our Platform.
Our Platform connects third-party Drivers who want to deliver Jobs for third party Shippers and gives those Shippers a way to find those Drivers and schedule their Jobs. Drivers are self-employed/independent contractors who choose to perform Delivery Services for Shippers posting Jobs on our Platform. At no time does CitizenShipper control whether or when a Shipper posts a particular Job, or whether or when a Driver chooses to bid for a particular Job. Agreeing to perform Delivery Services for Shippers through the Platform does not preclude a Driver from providing Delivery Services, or any other types of services, under another platform or for other persons simultaneously.
CITIZENSHIPPER IS A LOGISTICS MANAGEMENT PLATFORM AND DOES NOT PROVIDE TRANSPORTATION SERVICES. CITIZENSHIPPER IS NOT A TRANSPORTATION CARRIER OR BROKER. IT IS THE THIRD-PARTY DRIVER’S SOLE DECISION WHETHER TO BID FOR AND PROVIDE THE DELIVERY SERVICES REQUESTED BY A SHIPPER.
CitizenShipper Not Responsible for the Actions of Drivers or Shippers
The Platform may be used to find and offer Delivery Services and to facilitate payment, but all transactions conducted via the Platform are between Drivers and Shippers. The Platform enables connections between Users to contract for Jobs; however CitizenShipper has no control over and is not responsible for the performance, actions or inactions of any User, whether associated with the use of the Platform or the receiving or providing the Delivery Services via the Platform, in public, private, or offline interactions, or otherwise. That’s why CitizenShipper relies on the Users to adhere to certain guidelines in order to keep the Platform useful for all!
Each time a User accesses or uses the Platform or receives or performs Delivery Services through the Platform, the User expressly agrees, represents and warrants that, at the time of each such access or use:
- You are legally entitled to and have the right, authority and capacity to enter into the agreements set forth in these Terms and to fulfill your obligations hereunder.
- Your use of the Platform is for your sole, personal use and you will not resell to a third party.
- You are at least 18 years of age or such older age as may be required in a State or other jurisdiction that restricts the ability to enter into agreements due to age.
- If you are not the required age you must not use the Platform and you may not perform Delivery Services.
- You will only create one account as a Driver and one as a Shipper. Users are not permitted to maintain more than one of the same accounts.
- You will keep secure and confidential your User account password or any identification we provide you which allows access to our Platform.
- You will provide CitizenShipper with such proof of identity we reasonably request and will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation (actively or by omission) with any person or entity, including CitizenShipper. Drivers must use a true facial picture in their profile when creating a CitizenShipper account.
- You will not represent yourself to be an agent, subcontractor, representative, employee or affiliate of CitizenShipper.
- You will only access and use the Platform and receive or perform Delivery Services for lawful purposes and in accordance with all applicable laws and regulations.
- You will not access or use the Platform, or receive or perform Delivery Services for shipping, sending or storing any unlawful material, for fraudulent purposes, for promoting or encouraging any illegal activity, or for committing or assisting in the commission of a crime.
- You will keep in confidence and shall not disclose, or use for the benefit of others, any and all third parties’ confidential, proprietary, or personally identifiable and/or personal health information of which you may become aware as a User, except as necessary to carry out and perform under these Terms.
- You will not collect or store any information about any other User. You will not access or use any information about any other User other than as allowed through the Platform and only as strictly needed during the performance of a Job.
- You will not access or use the Platform to solicit, entice, or otherwise lure Users away from the Platform to use, access, visit, or support a website or platform offering the same or similar services.
- You will not contact any other User directly or outside of the Platform, except as necessary to receive or perform Delivery Services under these Terms. You shall not contact another User directly once the Job is complete.
- You will not stalk, intimidate, threaten or otherwise harass or cause physical or mental distress to any third party, including other Users and CitizenShipper staff and representatives.
- You will not copy, or distribute text, graphics, images, music, software, audio, video, information or other like materials related to our Website or Platform (“Content“) without written permission from CitizenShipper.
- You will not access or use our Platform or receive or perform Delivery Services in any way that could cause nuisance, annoyance, and inconvenience or could interfere with or negatively affect other Users from fully using or enjoying the Platform or receiving or performing Delivery Services.
- You will not infringe the rights of any third party (including other Users and CitizenShipper) and including, intellectual property, privacy, publicity or contractual rights.
- You will not discriminate against someone based on traits such as age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation.
- You will not assist any third-party in any of the above.
CitizenShipper Non-Discrimination Policy
CitizenShipper and its affiliates prohibit discrimination against any User or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. CitizenShipper wants all of our Users to feel safe and welcome and we do not tolerate any conduct that we determine to be discriminatory. Such discrimination includes, but is not limited to, intentionally refusing or canceling Jobs solely for the purpose of avoiding a particular neighborhood due to the characteristics of the people or businesses that are located in that area or because you are uncomfortable with certain persons based on traits such as age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation.
Driver Background Checks
Drivers are required to be screened via a standard background check conducted by a third-party Credit Reporting Agency (“CRA” and “Background Check”). During registration as a Driver, you are required to provide a valid driver’s license and Social Security Number and consent to CitizenShipper having its CRA conduct a Background Check on you at that time prior to allowing access to the Platform in terms of bidding on Jobs from Shippers, and also at any time thereafter, as and when determined in our sole discretion, without any additional consent from you (or otherwise as allowed pursuant to applicable law). The CitizenShipper Background Check Process consists of a criminal background check and Motor Vehicle Record (MVR) report and does not include a credit check.
The Background Check is conducted by an independent third-party CRA, Checkr. Checkr is accredited by BSCC and NAPBS. CitizenShipper has no responsibility for the accuracy or reliability of the identity of any Driver, the completeness of the information provided to complete the Background Check or the results of the Background Check. CitizenShipper is not responsible for any action taken or omission made by it or any third party in response to information provided by such CRA, including a Shipper using any information provided therein to make a decision about whether a Driver may perform any Job.
Drivers represent and warrant that they have:
- Zero felonies in the past five years
- Zero felonies in the last ten years involving theft or violence
- Zero DUI arrests within the last five years
- No outstanding arrest warrants
- No pattern of misdemeanors
- No history of child abuse
- No history of animal abuse
- No Repetitive speed violations, driving under influence of drugs and alcohol, driving when driver's license is suspended, revoked, denied, or restrained
In addition, the screening process includes:
- SSN validation
- Sex offender registry check
- Global watchlist check
- State criminal records check
- National criminal records check
CitizenShipper reserves the right to review and investigate a Driver's criminal history to the extent permissible under the law. CitizenShipper does not exclude individuals from the Platform solely based on a criminal history. CitizenShipper conducts a thorough examination of an individual’s history relative to the services being offered on the Platform. CitizenShipper, at its own discretion, will make a determination based upon the best interest of creating a secure marketplace.
CitizenShipper understands that some individuals may work together as a team of drivers to share resources and provide more efficient services. To register on the Platform as a team, all individuals associated with a Driver account must be clearly identified and must undergo all required screening and testing, and the CitizenShipper customer support team notified. If an individual is not explicitly listed on the Website and/or fails to submit their information for screening, that individual will not be eligible for selection by a Shipper to perform Jobs. Additionally, where Drivers work as a team, the Shipper must be made aware of which individual Driver will be performing the Job prior to the Job pick-up. Therefore, it is necessary to inform the Shipper that the Driver works as a part of a team and clearly identify which Driver will be performing the Job.
SHIPPERS ARE SOLELY RESPONSIBLE FOR CHECKING A DRIVER’S IDENTIFICATION AND MATCH IT TO THE DRIVER’S INFORMATION ON THE WEBSITE PRIOR TO HANDING OVER THEIR JOB.
CitizenShipper does not conduct Background Checks or screening on any Shipper for the purposes of allowing them to access and use our Platform to arrange for Delivery Services. However, CitizenShipper reserves the right to begin conducting such checks and screening of Shippers as it deems appropriate in its sole discretion. Any screening or Background Check process is not a substitute for your good judgment when interacting with other Users. At all times while accessing or using our Platform and during the time of any Job, you must exercise caution and use your common sense.
ALL USERS ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING OUR PLATFORM TO RECEIVE OR PERFORM DELIVERY SERVICES, THEY MAY BE EXPOSED TO UNKNOWN THIRD-PARTIES AND CONTENTS IN JOBS THAT MAY BE OR ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE. ALL USERS AGREE TO INDEMNIFY CITIZENSHIPPER FOR ANY LOSS, DAMAGES, OR LIABILITY ARISING FROM THEIR USE OF THE PLATFORM.
Permits, Auto Insurance and Health Insurance
Because Drivers act as their own employer in providing Delivery Services via the Platform, CitizenShipper does not, and has no responsibility to, provide or pay for any permit, license or insurance a Driver may need or that may be advisable, to perform Delivery Services via the Platform. Many states require a Driver to be a certain age, and have permits and/or licenses to carry certain Jobs. Additionally, many insurance companies will require a Driver to have some level of commercial insurance if using a personal vehicle for business purposes and all Drivers should be aware that their standard automobile liability insurance may not provide them coverage while a Driver is engaged in performing a Job.
It is a Drivers’ responsibility to know what auto insurance, health insurance, licenses and permits are required or recommended and to procure the same prior to bidding on Jobs. A Driver must have valid auto insurance in such amounts as required by State Law and its insurer to cover Driver’s performance of Jobs through the CitizenShipper Platform PRIOR to bidding on Jobs. A Driver will not be eligible to perform Jobs and can be removed from the Platform if the Driver does not have auto insurance coverage in at least the minimum amounts required by the State in which the Driver provides Delivery Services. A Driver must carry proof of all required auto insurance coverage at all times while performing Jobs and must provide such evidence to CitizenShipper, Shippers and/or other authorities and officials upon request.
A DRIVER MUST HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS TO CARRY ALL JOBS AND ITEMS CONTAINED IN JOB WHETHER OR NOT LISTED AS A SPECIAL ITEM.
ALL DRIVERS SHOULD CHECK WITH PROFESSIONALS TO ENSURE THAT YOU HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS BEFORE YOU BID FOR THE JOB. CITIZENSHIPPER HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DRIVER OR SHIPPER NOT HAVING THE PROPER AUTHORITY, PERMITS, LICENSES OR INSURANCE TO ENTER INTO THE TRANSACTIONS AGREED UPON ON THE PLATFORM.
Additionally, Drivers represent and warrant that they have:
- Zero felonies in the past five years
- Zero felonies in the last ten years involving theft or violence
- Zero DUI arrests within the last five years
- No outstanding arrest warrants
- No pattern of misdemeanors
- No history of child abuse
- No history of animal abuse
- No Repetitive speed violations, driving under influence of drugs and alcohol, driving when driver's license is suspended, revoked, denied, or restrained
Driver’s Obligations With Respect to Confidential Information
During the performance of Jobs, Drivers will have access to the “Confidential Information” of many third parties, including without limitation, the Confidential Information of CitizenShipper, Shippers, and/or Job recipients. “Confidential Information” means all information, whether oral, written, contained on electronic media or otherwise, to which a Driver is given or has access to, or is made available to the Driver in connection with the performance of Jobs, including without limitation names, addresses, telephone numbers and other information which may be used to specifically identify a person (“PII” or “Personally Identifiable Information”), and health information protected under the Health Insurance Portability and Accountability Act (“HIPPA” and “Protected Health Information”).
Confidential Information shall include, without limitation, all information regarding CitizenShipper’s personnel or customer information of CitizenShipper, Shippers and/or Job recipients of which a Driver becomes aware.
Drivers have special obligations with respect to the protection of Personally Identifiable Information and Protected Health Information and a Driver is responsible for both knowing those obligations and complying with the same. Failure to meet these obligations may result in the Driver’s permanent ineligibility from the Platform and the Driver being prosecuted to the fullest extent of the law.
Personally Identifiable Information
Personally Identifiable Information (PII) refers to information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. It is important to recognize that non-PII can become PII whenever additional information is made available — in any medium and from any source — that, when combined with other available information, could be used to identify an individual. CitizenShipper and Drivers are under a strict obligation not to use or disclose PII except as necessary to perform and deliver Jobs.
Restrictions on Job Contents
Shippers are prohibited from including in any Job, and all Drivers are prohibited from knowingly accepting, picking-up, carrying or delivering any Job containing the following “Prohibited Items”:
- Anything illegal including, without limitation, recreational drugs and other contraband.
- Any Hazardous Waste, defined as a “solid waste” that meets any of the criteria of the hazardous waste as described in 40 C.F.R. § 261.3.
- Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals.
- Any “Hazardous Material” not categorized as limited or excepted quantities as defined in 49 C.F.R., or categorized as limited or excepted quantities but not packaged and labeled in accordance with all applicable laws.
- Cigarettes or any tobacco product, wine, beer or any other alcoholic beverages or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB).
- Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount.
- Common fireworks.
- Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons.
- Any “Hazardous Material”, categorized as limited or excepted quantities as defined in 49 C.F.R.
- Prescription drugs and medicines or regulated over the counter medicine.
- Cremated remains, human remains, fetal remains, human body parts, or components thereof.
- “Special Items” listed below, unless the Shipper has the approval of CitizenShipper.
ANY DRIVER DISCOVERING A PROHIBITED ITEM IN A JOB SHALL IMMEDIATELY NOTIFY THE SHIPPER AND ANY RELEVANT AUTHORITIES.
Only certain Shippers with special written permission from CitizenShipper may offer Jobs involving “Special Items” listed below on the Platform. These Shippers are required to disclose each such Special Item when setting up the Job and must fully comply with all restrictions with respect to the Special Item set forth below, as well as all applicable laws and regulations with respect to such Special Items:
- Heavy haul, oversize or overweight items, either individually or collectively, weighing more than 400 lbs., and/or individually exceeding more than 12 feet in any dimension (“Oversized Items”).
- Shippers are prohibited from including Oversized Items in Jobs. However, many Jobs contain items that are just underneath the Oversized Item limit, and these bulky and/or heavier items require a Driver to have a larger vehicle, special equipment and/or physical strength in order to fulfill the Job properly. Shippers are required to accurately post the size of the Job they request, and before bidding on a Job containing any bulky or heavy items a Driver is required to have the proper vehicle, equipment and physical capacity to perform the Job as posted.
- All live animals.
- Jobs that involve the euthanasia, end of life services or anything of the like of an animal are not permitted on the Platform. Driver and Shipper agree that they will not participate or agree to such transportation. Acceptance of such job will result in immediate termination of eligibility for access to the Platform for both the Shipper and Driver. Driver also agrees that they will cover any veterinary fees or autopsy fees associated with a pet while in their care. Jobs containing live animals may require the Driver to have a special license or equipment in order to carry and deliver the Job.
- See Pet Policy.
Some Jobs containing Special Items require Drivers to be 21 years of age and many Jobs containing Special Items also require Drivers to possess special qualifications, permits, licenses and/or insurance before offering on any Job containing such items. It is the Shipper’s responsibility to confirm that the Driver is qualified to perform their Job before hiring the Driver.
DRIVERS ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL RULES AND REQUIREMENTS TO CARRY A JOB CONTAINING ANY SPECIAL ITEMS PRIOR TO BIDDING ON SUCH JOB, WHETHER RULES AND REQUIREMENTS ARE INCLUDED IN THESE TERMS AND/OR IMPOSED BY SHIPPER/ OR APPLICABLE LAW.
It is every Driver’s and Shipper’s duty and obligation to know and comply with all applicable federal and state laws relating to the pick-up and delivery locations of any Job and all items contained in a Job, whether a Special Item or not, including without limitation those laws governing the transportation of items over State lines, prohibiting the transportation or shipment of certain items both within a State and between States, restricting the amounts of certain items that can be shipped, and age restrictions. CitizenShipper has no liability or responsibility if a Driver or Shipper fails to comply with these Terms or all applicable laws with respect to the inclusion or acceptance of any items contained in a Job or during the performance of the Job.
CitizenShipper is not responsible for the contents or loss of any Prohibited Item or any undisclosed Special Item.
CITIZENSHIPPER HAS AND TAKES NO RESPONSIBILITY OR LIABILITY TO EITHER DRIVERS OR SHIPPERS FOR THE INCLUSION OF ANY PROHIBITED ITEMS IN ANY JOB OR A SHIPPER’S FAILURE TO DISCLOSE A SPECIAL ITEM OR LIVE ANIMAL OR A DRIVER’S OR SHIPPER’S FAILURE TO COMPLY WITH ALL LAWS APPLICABLE TO IT.
Drivers are solely responsible for directing the manner and method in which the Delivery Services are provided, including with regard to transport of live animals. With that said, Drivers should keep in mind the following recommended guidelines:
- Driver should understand the basics of animal safety, including the appropriate steps should an animal fall ill or get injured during a Job. Further, Driver should maintain a “plan of action” to respond to any health issues with an animal.
- Driver should familiarize themselves with the best practices for “at risk” animals, such as snub-nosed dogs.
- Driver should not leave a live animal unattended in a vehicle at any time.
- Driver should ensure the animal is always safely and comfortably transported. This includes ensuring the animal’s crate/cage is adequately secured in the motor vehicle at all times.
- Driver should keep the live animal on a leash anytime the animal is not in its crate or cage.
- Driver should have a practiced technique for managing the entry and exit of the animal from its crate or cage in a manner that prevents the animal from running away.
- Driver should not leave vehicle windows open to a degree which would allow an animal to escape.
- Driver will cover any veterinary fees or autopsy fees and additional transportation associated with an animal while in their care.
- Driver is solely responsible for the care and well-being of the animal for the duration of the Job.
- Driver should always have sufficient climate control and air flow for the animal.
- Driver should confirm the animal has a valid health certificate from a veterinarian and confirmation that the animal is healthy enough for travel.
- Driver should not transport a dog younger than eight (8) weeks old, or too old to travel safely.
- Driver should only provide the animal with food and medicine approved or provided by the Shipper.
- Driver should provide the animal with access to water on a regular basis.
- Driver should keep the animal crate/cage clean and sanitary for the duration of the Job.
- Driver should maintain open communication with Shipper and provide Shipper with frequent updates throughout the Job. Driver should immediately contact Shipper if any issues arise during the Job (e.g. pet acting out of character, exhibiting signs of illness, Job delays).
- While on a Job, Driver should share his/her location with the Shipper whenever such is requested by the Shipper.
- Driver agrees and acknowledges that CitizenShipper is not liable for any loss, damages, or liability arising from any Job, including those containing live animals.
- Driver should not smoke while a live animal is in the motor vehicle.
- Driver represents and warrants that they have any and all permits and/or licenses necessary for the transport of live animals, including but not limited to USDA registration. Driver must provide CitizenShipper with valid proof of registration within 90 days of registering on the Platform.
- Driver agrees to ensure that their vehicle is properly insured, registered and free from any defects that would result in travel interruptions or any DOT restrictions.
- Driver should have the contact information for a veterinarian readily available should an issue with an animal arise that the Driver cannot quickly remedy.
- Driver agrees to follow all CDC and local government guidelines (e.g. masks, social distancing) during pickup and delivery.
- Under no circumstances should a Driver abandon an animal. Drivers must contact Shipper if circumstances arise that prevent the Driver from completing the Job.
When posting a Job that includes a live animal, Shipper represents, warrants, and agrees to the following:
- Shipper must provide the Driver with a valid health certificate from a veterinarian and confirmation that the animal is healthy enough for travel. The health certificate must indicate that the animal has all necessary vaccinations.
- Shipper must provide the Driver with clear instructions regarding the feeding and drinking frequency and quantity and provide the Driver with any food or medicine the animal will need during the transport.
- Shippers should include a GPS-tracking device inside or affixed to the cage or crate containing the live animal.
- Shipper agrees that the contents of a Job will not deviate from those discussed with the Driver prior to booking.
- Shipper will not include for transport a dog younger than eight (8) weeks old, or any animal that is too old to travel safely.
- Shipper agrees that the animal is not aggressive towards people or other animals, generally good-natured, and likely to travel well for the duration of the Job.
- Shipper agrees to provide a leash for the animal that works properly and is secure enough to ensure the animal cannot escape.
- Shipper agrees to obtain verbal or written confirmation from the Driver that the Driver knows how to work their particular leash and/or harness for the animal.
- Shipper will be available during the duration of the Job to communicate with Driver, as necessary.
- Shipper agrees to obtain verbal or written confirmation from the Driver that the Driver will maintain open communication and provide frequent updates throughout the Job.
- Shipper agrees and acknowledges that CitizenShipper is not liable for any loss, damages, or liability arising from any Job, including those containing live animals. Shipper will hold CitizenShipper harmless for any loss, damages, or liability arising from any Job.
- Shipper acknowledges that there are unforeseen issues, such as traffic, motor vehicle problems, or illness, that may result in reasonable delays during a Job.
- Shipper agrees to follow all CDC and local government guidelines (e.g. masks, social distancing) during pickup and delivery.
- Shipper agrees to obtain verbal or written confirmation from the Driver that the Driver understands the basics of animal safety.
- If applicable, Shipper agrees to obtain verbal or written confirmation from the Driver that the Driver understands the best practices for handling “at risk” animals.
- Shipper agrees to obtain verbal or written confirmation from the Driver that the Driver will not leave the live animal unattended at any time.
- Shipper agrees to obtain verbal or written confirmation from the Driver that the Driver has a method for adequately managing the entry and exit of the animal form its crate or cage.
- Shipper agrees to obtain verbal or written confirmation from the Driver that the Driver will not leave any windows or doors open to a degree that would allow the animal to escape.
- Shipper agrees to obtain verbal or written confirmation from the Driver that the Driver has sufficient climate control and air flow available for the animal.
- Shipper must provide the animal to Driver in a crate/cage that is clean and sanitary. Shipper must also provide Driver with any specific instructions regarding the operation and cleaning of the crate/cage.
- Shipper agrees to obtain verbal or written confirmation from the Driver that the Driver will not smoke with the animal in the vehicle.
- Shipper agrees to obtain and/or confirm that Driver’s contact information is true and accurate.
- Shipper agrees to obtain verbal or written confirmation from the Driver that the Driver has the contact information for a veterinarian readily available.
Shipper Open Box Policy
CitizenShipper encourages the use of minimal packaging both to help our environment and so Drivers know what they are transporting a Job. When packaging is required or desired, an open box policy is recommended.
An Open Box Policy means Shippers are recommended to leave packaging open so that a Driver may inspect the contents before leaving with the Job. If a Shipper doesn’t leave the packaging open, a Driver may request a Shipper to open packaging to inspect items before leaving with the Job.
New In Box Items
If all or part of a Job contains new-in-box items that have been pre-packaged by the Shipper and are not open for a Driver to inspect, a Driver has the responsibility to inspect the outside of the packaging. If there is any damage to the outside of the packaging, the Driver should note any damage (it is easiest to take a picture and send it to support@CitizenShipper.com to maintain a record).
If all or part of a Job contains suitcases, pieces of luggage, purses, handbags, wallets, or other bags containing personal effects (collectively, “Baggage”) the Driver should not request to inspect the contents, however a Driver still has the responsibility to inspect the outside of the Baggage. If there is damage to the Baggage, the Driver should note any damage (it is easiest to take a picture and send it to support@CitizenShipper.com).
No matter whether the Job is pre-packaged or open for inspection, if a Driver does not note any damage to an item in the Job while picking the Job up, it will be assumed that the damage will have been caused while in the Driver’s possession and THE DRIVER WILL BE LIABLE THEREFOR.
A Driver will be under no obligation to take or bring anything that the Driver has not been given the right to inspect as described and limited above and can always cancel the Job without penalty if a Shipper does not allow the driver to inspect or gives the Driver a hard time about asking to inspect.
Shippers may want to include a GPS-tracking device inside or affixed to the cage or box containing their live animal.
Cancellations and No-Shows
Cancellation by Shippers
If a Shipper needs or wants to cancel a Job, please cancel the request as soon as possible. This will notify the Driver and free them up to accept other Jobs from other Shippers. There is no fee owed to a Driver if the Job is canceled at least 72 hours before the agreed pick-up time. There is also no fee due to the Driver if the Job is cancelled due to Driver's inability to complete the Job as agreed.
For Jobs canceled within 72 hours of the pick-up time, there is a small cancellation fee as consideration for the fact that by this time the Driver might be on the road, having already invested time and resources in the Job. The fees are as follows:
Canceled 48-72 hours before pick-up time: $50 cancellation fee owed to the Driver
Canceled 24-48 hours before pick-up time: $100 cancellation fee owed to the Driver
Canceled 0-24 hours before pick-up time: $100 -OR- 50% of the originally agreed fee owed to the Driver, whichever is the greater of the two.
Cancellation fees are typically to be paid via the method as previously agreed between Driver and Shipper. For further details, email Customer Support at support@CitizenShipper.com.
Justified Cancellations & Exceptions
Unexpected vehicle malfunctions, or last-minute repairs can occur. If this happens, and a Driver needs to cancel, please email support@CitizenShipper.com with sufficient evidence that a repair was being performed (a bill from a garage is an example of proof).
Severe weather can affect a Driver’s ability or willingness to pick up a Job. For cases of severe weather cancellations (especially during winter) please email support@CitizenShipper.com.
If a Driver fails to make delivery as agreed, a Shipper may request a refund of the CitizenShipper booking fee. The following are examples of circumstances in which a refund may be appropriate:
- Shipper books a driver and pays the fee, but the Driver contacts the Shipper later and claims they're experiencing a vehicle malfunction making it not road worthy..
- Shipper books a driver and pays the fee, but the Driver contacts the Shipper stating they have a family emergency and cannot complete a Job.
- Shipper books a driver and pays the fee, but the Driver fails to contact the Shipper to set up the Job.
- Shipper books a driver and pays the fee, but the Driver fails to show up.
A Shipper is not eligible for a full refund of the CitizenShipper Service Fee in the following circumstances:.
- Shipper books a driver and pays the fee, but the Shipper later changes their mind later.
- Shipper books a driver and pays the fee, but then decides to ship the item themself.
- Shipper books a driver and pays the fee, but then a friend offers to ship the item instead.
- Shipper books a driver and pays the fee, but the item doesn't match your Job listing, affecting the Driver's ability to pick-up or deliver it as agreed.
- Shipper books a driver and pays the fee, but fails to provide the necessary information or documents for the delivery to take place.
- Shipper books a driver and pays the fee, but then a third party (e.g. someone selling the Shipper an item/pet) cancels on the Shipper.
- Shipper books a driver and pays the fee, but then decides to change the agreed-upon pick-up or delivery dates, and the Driver cannot accommodate this modified schedule.
CitizenShipper strongly advises against using methods of payment that cannot be disputed. If a User engages in a fraudulent transaction (e.g. accepts upfront payment then stops communicating), the non-offending User may be entitled to a full refund of the CitizenShipper booking deposit fee. CitizenShipper will perform an initial investigation as described below prior to issuing the refund.
If a Job is not delivered for any reason, please contact support@CitizenShipper.com. Please provide supporting evidence that the Driver canceled. Upon receiving a canceled contract/refund request, CitizenShipper will contact the Driver and confirm that the cancellation did occur. Drivers have up to 3 days to reply and confirm the cancellation. Refunds of the CitizenShipper booking fee will be processed only after the investigation of the cancellation has been completed.
If a Driver disputes that they canceled the Job then an investigation is opened to gather as much information as possible, to ensure a fair and equitable outcome. The investigation will take no longer than 2 weeks.
Any refund request must be made within 90 days of the initial payment. Any refund request made after 90 days will be considered null and void. CitizenShipper will ONLY refund to the credit card that was used to make the purchase.. Under exceptional circumstances we may use Paypal to issue refunds. CitizenShipper cannot issue personal checks to process refunds.
Actions Leading to Temporary Suspension and/or Permanent Termination of Accounts
Without limiting any other of its remedies at law or in equity, CitizenShipper may temporarily suspend and/or permanently terminate your CitizenShipper account and access to the Platform if:
- you breach, are suspected of breaching, or are alleged to have breached these Terms or the Terms or any Driver or Shipper Agreement to which you are subject or any of CitizenShipper’s other terms or policies governing a User’s use of the Platform;
- we are unable to verify or authenticate any information you provide to us;
- we believe that a false identity is being used
- we believe you may subject CitizenShipper or you or any other User to regulation by any state or local government or regulatory agency;
- we suspect or it has been alleged that you have engaged in fraudulent, illegal or harmful activity in connection with your use or access of the CitizenShipper Platform, or in connection with your receiving or providing Delivery Services or you or your account is the subject of an investigation of alleged or suspected fraudulent, illegal or harmful activity; or
- Prohibited Items are discovered in your Job.
CitizenShipper may temporarily suspend a User’s account while investigating any incident or action that could lead to CitizenShipper permanently terminating the User’s account. A User’s account may be suspended for such time as CitizenShipper determines in its sole discretion. A User may provide CitizenShipper notice in writing of any extenuating circumstances surrounding the events leading to the suspension and/or termination which CitizenShipper may consider in its sole and absolute discretion when making decisions regarding the status of the User’s account.
ALL CITIZENSHIPPER ACTIONS TAKEN WITH RESPECT TO THE TEMPORARY SUSPENSION AND/OR TERMINATION OF YOUR ACCOUNT MAY BE TAKEN IN CITIZENSHIPPER’S SOLE DISCRETION, WITH OR WITHOUT NOTICE.
Other actions that may lead to CitizenShipper temporarily suspending or permanently terminating your account are:
Cancelations and No Shows
CitizenShipper may temporarily suspend your account after your second Cancelation or No Show and may permanently terminate your account upon your third Cancelation or No Show.
Loss of Items in Jobs
CitizenShipper will temporarily suspend a Driver’s account if your Job is subject to a claim of “shortages” or “mysterious disappearances” during the investigation of such claim. If a User is found to be liable for the claim, CitizenShipper may permanently terminate an account. Additionally, CitizenShipper may permanently terminate the account of a Driver if the Driver completes 2 or more Jobs with “shortages”; or if a Driver has 2 or more “mysterious disappearances” of an item in a Jobs.
CitizenShipper reserves the right to suspend or terminate any User’s account that has been “inactive” for 90 days or more. If a Driver has not bid on a Job within the past 90 days, such Driver is deemed to be inactive.
Reactivation of Temporarily Suspended Accounts
CitizenShipper may reactivate any Driver or Shipper account temporarily suspended after investigation by CitizenShipper in its sole discretion.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE YOUR USER ACCOUNT, PROHIBIT ACCESS TO OUR PLATFORM, WEBSITES, AND THEIR CONTENT (INCLUDING YOUR OWN), SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT ANY USER FROM ACCESSING OUR PLATFORM, WEBSITES OR ANY PORTION THEREOF IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS AND OTHER PUBLISHED CITIZENSHIPPER TERMS OR POLICIES.
Billing and Payment
CitizenShipper is not and will not be a party to the agreements between Users for a Driver to perform Delivery Services using our Platform, including the Shipper’s agreement to pay the Driver. Users of the Platform may be required to provide their credit card or bank account details and such other information needed to vet the User to CitizenShipper and the Payment Service Provider retained by CitizenShipper (the “PSP”). By accepting these Terms, each User agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that CitizenShipper is not a party to the PSP Agreement and has no obligations or liability to any User under the PSP Agreement.
Payment processing services are provided by Recurly and subject to the terms Recurly Terms of Service (available at https://recurly.com/legal/terms) (collectively, the “PSP Terms“). By using the CitizenShipper Platform to bid on Jobs or find a driver for your property, all Users agree to be bound by the PSP Terms, which may be modified from time to time. As a condition of utilizing the Platform, all Users authorize CitizenShipper to obtain all necessary access and perform all necessary activity on your Recurly Connected Account to facilitate your provision of Services as contemplated by these Terms and your relationship with CitizenShipper. All Users further agree to provide accurate and complete information about you and your business, and authorize CitizenShipper to share it and transaction information with the payment processing company for the purposes of facilitating of the payment processing services. CitizenShipper reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
YOU HEREBY GRANT CITIZENSHIPPER PERMISSION AND THE FULL RIGHT AND AUTHORITY TO FULLY INVESTIGATE AND PROSECUTE VIOLATIONS OF ANY OF THESE TERMS (INCLUDING ALL DOCUMENTS AND AGREEMENTS REFERENCED OR INCORPORATED HEREIN) TO THE FULLEST EXTENT OF THE LAW, INCLUDING INVOLVING, COOPERATING OR DISCLOSING YOUR PERSONAL INFORMATION TO LAW ENFORCEMENT AUTHORITIES IN CONNECTION THEREWITH.
Disclaimer of Warranties and Limits on CitizenShipper’s Liability to You
NEITHER CITIZENSHIPPER NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND CITIZENSHIPPER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS ARE NOT LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR YOUR RECEIVING OR PROVIDING DELIVERY SERVICES. BY USING THE PLATFORM YOU THEREBY RELEASE CITIZENSHIPPER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF THE PLATFORM OR YOUR RECEIVING OR PROVIDING DELIVERY SERVICES OR THE CONDUCT OR MISCONDUCT OF A USER.
The Delivery Services and Platform are provided to Users strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by CitizenShipper to the maximum extent permitted by applicable law. CitizenShipper makes no warranties or representations about the accuracy or completeness of any content provided through the Platform or Website or the content of any websites linked to the Platform.
CitizenShipper does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Platform or any hyperlinked website or featured in any banner or other advertising and CitizenShipper will not be a party to or in any way be responsible for monitoring any transaction between Users and third-party providers of products or services.
Without limiting the foregoing, neither CitizenShipper nor its affiliates or licensors warrant or guarantee:
- that access to the Delivery Services or Platform will be uninterrupted, error-free, secure, timely or operate on any device or in combination with any other hardware, application, system or data;
- as to the results that may be obtained from the use of the Delivery Services or Platform;
- that the Delivery Services, Platform, or the quality of any products, services, information or other material purchased or obtained by you through the Platform will meet your requirements or expectations;
- as to the timeliness, accuracy, or reliability, of any User;
- as to the timeliness, accuracy, or reliability of our Delivery Services, Platform, or any information or materials provided through or in connection with the use of the Delivery Services, Platform;
- as to the completeness or content of any Job;
- that the Platform or Website are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Delivery Services or Platform will be corrected; or
- that any personal information supplied by Users will not be misappropriated, intercepted, deleted, destroyed or used by others.
Limitations of Liability
CITIZENSHIPPER EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PLATFORM. USE OF THE PLATFORM, AND RECEIVING OR PERFORMING DELIVERY SERVICES THEREUNDER ARE ENTIRELY AT A USER’S OWN RISK.
USERS ACKNOWLEDGE AND AGREE THAT CITIZENSHIPPER IS ONLY WILLING TO PROVIDE THE PLATFORM IF USERS AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO THEM AND THIRD PARTIES.
CITIZENSHIPPER CURRENTLY DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USER TO PERFORM OR COMPLETE A JOB AND YOU EXPRESSLY WAIVE AND RELEASE CITIZENSHIPPER FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A USER’S PERFORMANCE OF A JOB. YOU ACKNOWLEDGE THAT USERS PROVIDING DELIVERY SERVICES REQUESTED USING THE CITIZENSHIPPER PLATFORM MIGHT NOT BE PROFESSIONALLY LICENSED OR PERMITTED AND MAY NOT HAVE THE PROPER INSURANCE. CITIZENSHIPPER WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN ANY OF OUR USERS. YOU EXPRESSLY WAIVE AND RELEASE CITIZENSHIPPER FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR ACCESS OR USE OF THE CITIZENSHIPPER PLATFORM OR YOUR RECEIVING OR PERFORMING DELIVERY SERVICES, OR IN ANY WAY RELATED TO ANOTHER USER OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY THE PLATFORM OR DURING A JOB, OR OTHERWISE.
YOU AGREE NOT TO HOLD CITIZENSHIPPER, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM OR DELIVERY SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY CITIZENSHIPPER OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION AND WHETHER OR SUCH CONDUCT, ACT OR OMISSION OCCURS DURING YOUR USE OR ACCESS OF THE PLATFORM OR DURING THE PERFORMANCE OF A JOB.
UNDER NO CIRCUMSTANCES WILL CITIZENSHIPPER, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE TO YOU, ANOTHER USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM OR DELIVERY SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN A DRIVER, SHIPPER, ANY THIRD-PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS A USER OF THE PLATFORM INCLUDING FOR PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, EVEN IF ALL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT CITIZENSHIPPER OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU OR TO YOU DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
CitizenShipper owns all intellectual property rights in and to the Platform, including but not limited to database rights, copyright, design rights, trademarks and other similar rights, whether or not currently registered, wherever existing in the world together, with full rights to apply for protection of the same, and your use of the Platform gives you no rights therein.
CitizenShipper owns and retains ownership in the CitizenShipper Platform, and all intellectual property and proprietary rights therein. Contingent upon your compliance with the terms and conditions of the Terms, CitizenShipper hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Platform. The terms of the license will govern any upgrades provided by CitizenShipper that replace and/or supplement the CitizenShipper Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
CitizenShipper reserves the right to stop offering and/or supporting our Platform or our Users’ ability to receive or perform Delivery Services or any particular portion or part of our Platform or access to Delivery Services at any time, at which point your license to use the Platform or your access to the Delivery Services therefrom, or any part thereof, will be automatically terminated. In such event, CitizenShipper shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Platform or access to Delivery Services.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way; (ii) modify or make derivative works based upon the Platform; (iii) create Internet “links” to the Platform or alternate access to Delivery Services; (iv) reverse engineer or access the Platform to copy any ideas, features, functions or graphics of the Platform whether to build competitive products or services using similar ideas, features, functions or graphics of the Platform, or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Platform (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second; (vi) attempt to gain unauthorized access to the Platform or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Platform; or (vii) use our Platform to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
Licenses Granted by CitizenShipper in Content
Subject to your compliance with the Terms, including without limitation Driver and Shipper Agreements, CitizenShipper grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Content that CitizenShipper makes available through the Platform, including any Content licensed from a third party (“CitizenShipper Content“), but excluding any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Platform, including any questions, comments, suggestions, ideas, or feedback (“User Content” and with CitizenShipper Content collectively, “Collective Content“); and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these license rights granted by CitizenShipper above.
CitizenShipper Content may be used solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CitizenShipper or its licensors, except for the licenses and rights expressly granted in the Terms.
You agree that CitizenShipper has no responsibility to, and may not, monitor your access to or use of Collective Content or review or edit any Collective Content. CitizenShipper reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that CitizenShipper, at its sole discretion, considers to be in violation of these Terms or otherwise harmful.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available or posting any User Content on or through the Platform, you hereby grant to CitizenShipper a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit such User Content. CitizenShipper shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. CitizenShipper claims no ownership rights in any User Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform. By posting or making available any User Content, you represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available or post or you have all right, license, consent and release that are required to grant to CitizenShipper full rights in such User Content, as contemplated under the Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or CitizenShipper’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
CitizenShipper respects copyright law and the intellectual property of others and expects its Users to do the same. CitizenShipper will terminate Users or other account holders who repeatedly infringe or are reasonably believed to be repeatedly infringing the rights of copyright holders. If you believe, in good faith, that any materials on our Website infringe upon your copyrights, please send the following information to CitizenShipper’s Copyright Agent at support@CitizenShipper.com:
- A description of the copyrighted work that you claim has been infringed, including sufficient information to locate the specific place on our Website where the material is located. Please include sufficient information to locate the material and explain why you think an infringement has taken place;
- A complete description of the location where the original or an authorized copy of the copyrighted work exists; i.e. an Internet address where the work is posted or the name of the book in which it was published;
- Your address, telephone number, and e-mail address;
- A signed statement by you that, in good faith, you believe that the disputed use is not authorized by the copyright owner, its agent, or law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Other Third-Party Interactions
Via the CitizenShipper Platform, including on our Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. CitizenShipper and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. CitizenShipper does not endorse any sites on the Internet that are linked through the Website, and in no event shall CitizenShipper or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. CitizenShipper provides the Website to you pursuant to these Terms and certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services. CitizenShipper has no responsibility or liability arising from any agreements between you and such third-party providers.
CitizenShipper may rely on third party advertising and marketing supplied through the Website and other mechanisms to subsidize the Website. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. CitizenShipper reserves the right to charge you a higher fee for access to the Platform should you choose not to receive these advertising services, if offered. This higher fee, if applicable, will be posted on CitizenShipper’s Website located at https://www.CitizenShipper.com.
All of our Users are automatically opted-in to receive SMS messaging when signing up for our Platform and must agree to receive SMS messages in order to use our Platform and receive or provide Delivery Services via the Platform and data rates may apply. If you change your mobile phone service provider all SMS messaging services from CitizenShipper may be deactivated. CitizenShipper reserves the right to cancel SMS messaging services at any time.
Notices to You
CitizenShipper may give Users general notice regarding the Platform, these Terms, Driver or Shipper Agreements, or otherwise via electronic mail to your email address on record in CitizenShipper’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in CitizenShipper’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre- paid post) or 12 hours after sending (if sent by email). You may give notice to CitizenShipper (such notice shall be deemed given when received by CitizenShipper) at any time by email or letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to CitizenShipper at 5380 Old Bullard Road, Suite 600, #119, Tyler, TX 75703.
You may not assign your responsibilities, duties and obligations (or any portion thereof) as set forth in these Terms, including in any Driver or Shipper Agreement, as applicable, to any party without the prior written approval of CitizenShipper in each instance. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that none of the Platform, any technical data related thereto or any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Platform, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Furthermore, the Platform is available for use only to individuals residing in the United States for services to be performed in the United States. CitizenShipper does not authorize use of its Platform or any related services outside of the United States.
CitizenShipper uses secure sockets layer ("SSL"), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet. This is meant to ensure that the information you provide CitizenShipper is not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals.
No joint venture, partnership, employment, or agency relationship exists between you, any other User, CitizenShipper or any third party provider as a result of a User entering into a Driver or Shipper Agreement, their use of the Platform or their providing or receiving Delivery Services via the Platform. If any provision of these Terms or any Driver or Shipper Agreement is held to be invalid or unenforceable, such provision shall be revised as minimally as possible to validate or enforce the same, as well as the original intent of these Terms, and the remaining provisions shall be enforced to the fullest extent under law. The failure of CitizenShipper to enforce any right or provision in these Terms, any Driver or Shipper Agreement shall not constitute a waiver of such right or provision unless specifically acknowledged and agreed to by an authorized person from CitizenShipper in writing. CitizenShipper reserves the right to recover damages that go beyond those provided for in these Terms or any Driver or Shipper Agreement, or to receive other forms of equitable relief in lieu of, or in addition to, liquidated damages. Unless CitizenShipper has entered into a separate written agreement with a User addressing their access or use of our Platform or the Delivery Services, these Terms, and all agreements and documents referenced herein, including without limitation the Driver and Shipper Agreements, comprise the entire agreement between Users and CitizenShipper superseding all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between a User and CitizenShipper regarding a User’s use of and access to the CitizenShipper Platform, Website, and Delivery Services. If you have entered into CitizenShipper’s Dispute Resolution and Arbitration Agreement you acknowledge that document also is part of our agreement regarding your use of the CitizenShipper Platform.
CitizenShipper reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms at any time. Such modifications shall become effective immediately upon the posting thereof. Users must review this agreement on a regular basis to keep apprised of any changes. Users can find the most recent version of the Terms at https://citizenshipper.zendesk.com/hc/en-us/articles/203066109-Driver-Agreement-and-Terms-of-Use.
Choice of Law
These Terms, as well as any claim or dispute arising from or in connection with these Terms, are to be governed by the laws of the United States and of the state of Texas, without regard to the choice-of-law rules of Texas or any other jurisdiction.
The parties agree that any claim, controversy, or dispute between the parties arising from or in connection with these Terms (together, “Claims”) must be submitted to final and binding arbitration to be administered by the American Arbitration Association (“AAA”). The arbitration must be conducted in accordance with the procedure described in this “Dispute Resolution” section (the “Arbitration Agreement”) and the Commercial Arbitration Rules (and related arbitration rules governing requests for preliminary or other injunctive relief) of the AAA, copies of which are available online at www.adr.org. If the AAA is unable to serve as the administrator, JAMS shall serve as the administrator; in the event JAMS is unable to serve as the administrator, the parties shall confer in good faith to mutually select an administrator. The parties agree that the Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”). If the FAA is held not to apply, this arbitration agreement will be governed by the arbitration laws of the State of Texas.
The above arbitration clause shall not apply to the following claims:
- Claims within the jurisdiction of a small claims court that either party elects to file in such a court, as long as the matter remains in such court (or, solely for appealing the judgment of the small claims court and not for removing the original trial of the Claim therefrom, in such other court as the applicable law may designate for such appeals) and advances only an individual (non-class, non-collective, non-consolidated, and non-representative) Claim. If against CitizenShipper, the Claim shall be filed in the City of Dallas in the State of Texas. If against User, the Claim shall be filed, in CitizenShipper’s discretion, either where User is headquartered or resides or where the Claim accrued. In connection with any small-claims court matter, the parties shall be responsible for their own respective filing fees and expenses, including attorneys' fees.
- Claims brought before an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Nothing in this Arbitration Agreement shall be deemed to excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration.
- Statutory claims for public injunctive relief.
An arbitrator shall decide all issues arising out of or relating to the interpretation or application of this Arbitration Agreement, including the enforceability, revocability or validity of this Arbitration Agreement or any portion of it, except the issue of the availability of class, collective, consolidated, or representative arbitration of claims, which issue shall be reserved.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT, THE PARTIES AGREE THAT NO CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ARBITRATION OF CLAIMS SHALL BE ALLOWED AND THAT THE ARBITRATOR IS NOT EMPOWERED TO CERTIFY, CONDUCT, OR AWARD RELIEF IN ANY SUCH ARBITRATION. IF A COURT OR ARBITRATOR NEVERTHELESS ALLOWS OR REQUIRES A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ARBITRATION, THE PARTIES AGREE THAT SUCH A DETERMINATION IS IMMEDIATELY APPEALABLE TO THE STATE OR FEDERAL COURTS SERVING THE CITY OF DALLAS, IN THE STATE OF TEXAS, AS CONTRARY TO THE INTENT OF THE PARTIES IN ENTERING INTO THIS ARBITRATION AGREEMENT AND THAT ALL ARBITRAL PROCEEDINGS, INCLUDING DISCOVERY, SHALL BE STAYED PENDING APPEAL. IN THE EVENT THE DETERMINATION IS NOT REVERSED ON APPEAL, THE PARTIES AGREE THAT THIS ARBITRATION AGREEMENT IN ITS ENTIRETY, AND ANY PRIOR OR SUBSEQUENT ARBITRATION AWARD UNDER IT, SHALL BE NULL AND VOID, AND ANY CLAIMS BETWEEN THE PARTIES SHALL BE RESOLVED BY COURT ACTION, NOT ARBITRATION, IN THE FOREGOING STATE OR FEDERAL COURTS. IF AT ANY POINT THIS PROVISION OF THE ARBITRATION AGREEMENT (THE “WAIVER PROVISION”) IS DETERMINED TO BE UNENFORCEABLE, THE PARTIES AGREE THAT THE WAIVER PROVISION SHALL NOT BE SEVERABLE, UNLESS IT IS DETERMINED THAT THE ARBITRATION WILL STILL PROCEED ON AN INDIVIDUAL BASIS ONLY.
Any demand for arbitration shall be filed pursuant to the administrator’s directions (available at www.adr.org) and delivered by hand, by First Class U.S. Mail, or by overnight delivery service to the other party at the address such party last provided written notice of to the other party. The demand shall be filed and served within the time allowed by the shortest statute of limitations applicable to at least one claim set forth in the demand. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
The arbitrator shall be selected by agreement of the parties. Unless the parties agree otherwise, the arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. If the parties cannot agree to an arbitrator, the arbitrator shall be selected pursuant to the administrator’s rules. The location of the arbitration shall be in a city agreed to by the parties or, absent such agreement: (a) the City of Dallas, in the State of Texas; or (b) if User is not headquartered or does not reside within 100 miles of the City of Dallas, in the State of Texas, the county in which User is headquartered or resides. In the arbitration, the parties shall have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator.
Each party shall pay its own arbitration filing fees and an equal share of the fees and expenses of the arbitrator and the cost of the arbitration site. Except to the extent otherwise determined by law, as construed and applied by the arbitrator, the parties shall be responsible for their own respective arbitration expenses, including attorneys’ fees, subject, in the case of arbitration expenses of User, to any attorneys’-fees or related remedies to which the arbitrator finds User to be entitled under applicable law. Both parties agree to be fully and finally bound by the arbitration award, and, where allowed by law, a judgment may be entered on the award in any court having jurisdiction thereof.
Within 30 days of the close of the arbitration hearing (which period may be extended by stipulation of the parties), any party shall have the right to prepare, serve on the other party, and file with the arbitrator a post-arbitration brief. Except as provided in the Waiver Provision, above, the arbitrator may award any party any remedy to which that party is entitled under applicable law and which would otherwise be available in a court of law for the claims presented to and decided by the arbitrator. The arbitrator shall issue a decision or award in writing, stating the essential findings of fact and conclusions of law. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
IF THE WAIVER PROVISION OF THIS ARBITRATION AGREEMENT IS DECLARED INVALID BY ANY COURT OR ARBITRATOR FOR ANY REASON, THE PARTIES INTEND THAT THIS ENTIRE ARBITRATION AGREEMENT BE VOID. If any other provision (including any sentence or part of a sentence) of this Arbitration Agreement is declared invalid by any court (overseeing any of the Claims expressly not covered by this Arbitration Agreement) or arbitrator for any reason, this Arbitration Agreement shall be void only as to the provision, and this Arbitration Agreement shall remain otherwise binding between the parties. Any provision voided by operation of the foregoing shall be replaced with provisions that shall be as close to the parties’ original intent as permitted under applicable law. No waiver of any of the provisions of this Arbitration Agreement shall constitute a waiver of any other provisions whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be deemed effective or binding upon either party unless executed in writing by the party making the waiver. The failure or refusal of either party to insist upon the strict performance of any provision of this Arbitration Agreement or to exercise any right in any one or more instances or circumstances shall not be construed as a waiver or relinquishment of the provision or right, nor shall the failure or refusal be deemed a customary practice contrary to the provision or right. The rights and remedies of either party under this Arbitration Agreement or under applicable law shall be cumulative, and the exercise of any of them shall not be exclusive of any other right or remedy provided allowed under applicable law.
This Arbitration Agreement shall be binding upon and inure to the benefit of the parties to this Arbitration Agreement and their respective successors. Neither party shall be authorized to assign or subcontract this Arbitration Agreement or any rights or obligations hereunder without the prior written consent of the other party.
Except to the extent applicable law provides otherwise, the parties agree to keep confidential and not to disclose (and shall make all reasonable best efforts to cause their employees, agents, and attorneys to keep confidential and not to disclose) the existence and/or terms of any decision (whether final or otherwise) issued by an arbitrator concerning a Claim except (i) as authorized in writing by the non-disclosing party; (ii) as required by law; (iii) as ordered by a court, administrative, or governmental entity, or (iv) to the party’s attorney.
This Arbitration Agreement constitutes the entire agreement between CitizenShipper and User pertaining to the resolution of disputes between the parties and the subject matter contained herein, and fully replaces and supersedes all prior and contemporaneous agreements, representations, and understandings regarding the same. No modification or amendment to this Arbitration Agreement is binding unless in writing and signed by both CitizenShipper and User.
CitizenShipper Driver Agreement
This CitizenShipper Drivers Agreement is a part of CitizenShipper’s Terms and Conditions (“Terms”) and is incorporated therein by this reference. By using and accessing our Platform and agreeing to provide Delivery Services to Shippers, each Driver agrees, represents, warrants, acknowledges and agrees that:
- Driver is a third-party user of the Platform and is an independent contractor with respect to any and all Jobs performed and is not and shall not be deemed to be an employee, agent or representative of Company or any Shipper with respect to any and all Jobs performed. No Services provided by Driver via the CitizenShipper Platform nor any action taken pursuant to these Terms shall create an employment relationship between CitizenShipper and Driver or Driver and any Shipper. No Driver is entitled to workers’ compensation or any employment rights or benefits from, or sponsored by, CitizenShipper or any Shipper, including, without limitation, employee, pension, health or welfare benefit plans, programs or arrangements of CitizenShipper, Shipper or their affiliates or subsidiaries. Driver will not make any representations regarding its status as a Driver providing Delivery Services via the CitizenShipper Platform. Driver shall not have any right to enter into any contract or commitment in the name of, or on behalf of, or to bind CitizenShipper or any Shipper in any respect whatsoever.
- Driver acknowledges and agrees that Driver is free from the control and direction of CitizenShipper and any Shipper in connection with any Services performed hereunder by Driver. Driver acknowledges and agrees that Driver is only required to deliver the Job within the time specified by the Shipper and as posted in the Platform and remains free to engage in other activities including such things as running errands and providing services to other parties in between. Driver acknowledges and agrees that any time spent by Driver looking for or offering on Jobs is not being “on-call.”
- Driver is at least 18 years of age, or is 21 if such higher age is legally required to carry certain Jobs including Special Items and otherwise has all right and authority to lawfully provide the services agreed to when accepting a Job hereunder. Driver possesses a valid driver’s license and has all other required licenses, permits, approvals and authorizations to accept and complete a Job as contracted through the Platform and will not accept such Jobs without possessing valid licenses, permits, approvals or authorizations for the same.
- Driver owns, or has the legal right to operate, the vehicle used in a Job, and has a valid policy of auto liability insurance covering any vehicle used during a Job with coverage in types and amounts required by, or consistent with, all applicable legal requirements and industry standards (including without limitation commercial auto insurance, where applicable) and is named or scheduled on the insurance policy. Unless otherwise exempt from federal regulation, pursuant to the 'casually, occasionally, or reciprocally, but not as a regular occupation or business' exemption found under 49 U.S.C. § 13506(b)(2), Driver must be an authorized for-hire motor carrier authorized by the Federal Motor Carrier Safety Administration for interstate transportation and any applicable states for intrastate transportation. Any vehicle used during a Job shall meet all applicable industry safety standards and statutory federal DOT and state department of motor vehicle requirements, where applicable. Driver must have in his possession at all times during a Job proof of all required licenses and insurance and shall provide them to such authorities as may request. Proof of insurance and required licenses must be provided to CitizenShipper upon request.
- Driver warrants that he/she 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 Driver from entering Canada or the United States. In addition, CitizenShipper reserves the right to suspend or ban any Driver known to have allegations of animal abuse against them, or a proven history of animal abuse.
- DRIVER IS SOLELY RESPONSIBLE FOR ANY AND ALL LIABILITY, WHICH RESULTS FROM OR IS ALLEGED AS A RESULT OF THE OPERATION OF THE VEHICLE USED DURING A JOB, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURIES, DEATH AND PROPERTY DAMAGES. Driver is responsible for and will make all necessary contacts with insurance carriers in the event of a motor vehicle accident or claims against a Driver’s insurance policy for damage or injury during a Job.
- Driver hereby authorizes CitizenShipper to perform, through an authorized third-party, a background check on Driver, and further agrees to provide any necessary authorization to facilitate CitizenShipper’s access to Driver’s official driving record, references and credit information. Driver also agrees to allow CitizenShipper to perform an address verification through a third-party service. Driver is responsible for notifying CitizenShipper regarding errors in any charges or fees applied to Driver, and Driver agrees to hold CitizenShipper harmless should error 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 Driver rescinds any claim to refunds on charges made in error.
- Driver agrees to pay CitizenShipper a monthly subscription fee for access to and use of the CitizenShipper Platform and Website with the ability to message Shippers. Drivers may access the Platform and Website in a limited capacity for free.
- If required by the laws of the state in which a Driver performs Jobs, Drivers must have a standard, general inspection and needed maintenance performed on their vehicle no less than yearly. Vehicles will not display any indication of services being performed.
- Driver represents, warrants and covenants that (1) Driver is or represents a bona fide business entity; (2) Driver's access to the CitizenShipper Platform is for commercial purposes and is limited to taking commercial advantage of the Platform; (3) Driver will not permit non-registered users to use the Platform without the express permission of CitizenShipper; and (4) Driver will not disclose Driver's login credentials to the Platform or provide access to Driver’s account on the Platform to non-registered users without the express written consent of CitizenShipper.
- Driver shall not be under the influence of any illegal drugs and/or alcohol. Driver understands that Driver’s account will be terminated upon CitizenShipper gaining knowledge of Driver performing Jobs while being under the influence of any illegal drugs and/or alcohol. If there is a credible allegation against Driver that Driver was performing Jobs while being under the influence of any illegal drugs and/or alcohol CitizenShipper may suspend or terminate such Driver’s account until Driver can provide satisfactory evidence (in the form of a drug test or otherwise) that Driver was not under the influence. Drivers shall abide by all laws regarding talking or texting while driving.
- Drivers are prohibited from accepting a Job that involves the euthanasia, end of life services or anything of the like to a live animal. Driver agrees to not participate or agree to such transportation. Driver agrees to cover any veterinary fees or autopsy fees associated with a pet while in their care.
- Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, political beliefs, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
- Driver will not collect or store the name, address, phone number or other personal or confidential information of any User or Job recipient and will not use any personal or confidential information of any User or Job recipient except as necessary to perform and complete the performance of the Job. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF SUCH PERSONAL INFORMATION AND YOU UNDERSTAND THAT ALL SUCH INFORMATION MUST NOT BE DISCLOSED TO ANY OTHER PERSON. You must immediately report to CitizenShipper any circumstances whereby personal data or confidential information may have been lost, stolen or otherwise disclosed in an unauthorized manner.
- Driver agrees to indemnify and hold CitizenShipper, 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 Driver’s acts or omissions, Content that Driver posts, submits or makes available through the Platform, Driver's use of the Platform, Driver's violation of the Agreement, Driver's breach of any of the representations and warranties herein, Driver's performance [or the lack thereof] of its mandate or Driver’s violation of any rights of another.
- If Driver is found to be contacting any users, defaming our business integrity, or making damaging statements regarding our business and services, CitizenShipper will hold Driver personally liable for defamation or slander and will pursue each and every legal remedy at our disposal. CitizenShipper reserves the right to recover damages that go beyond those provided for in the Agreement or Terms.
- If Driver 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 Driver’s actions may have caused.
- If CitizenShipper bans or suspends Driver from the Platform, Driver may not sign-up to the Platform using a different business name, or sign-up through a family member or associate.
- Driver understands and agrees that, because damages are often difficult to quantify, if it becomes necessary for CitizenShipper to pursue legal action to enforce any part of the Terms or Driver Agreement, Driver will be liable to pay CitizenShipper the following amounts as liquidated damages, which Driver accepts as reasonable estimates of CitizenShipper’s damages for the specified breaches:
- If Driver (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents Driver's affiliation with a person or entity; or (3) includes personal or identifying information about another person or entity without that person or entity's explicit consent, Driver agrees to pay CitizenShipper one thousand dollars ($1,000) for each occurrence.
- Otherwise, Driver agrees to pay CitizenShipper's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms or the Driver Agreement, CitizenShipper retains the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted herein, or any combination thereof.
- Driver agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website, a Job, the Platform, or Delivery Services, or these Terms or the Driver Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Driver shall immediately report all lost, damaged, and delayed Jobs to Shipper. Immediately thereafter, Driver shall report such loss, damage, or delay to CitizenShipper. Driver agrees to cooperate fully with Shipper and with CitizenShipper with respect to any loss, damage, or delay claim made by a Shipper. To notify CitizenShipper, please email support@CitizenShipper.com and include all factual information and any supporting evidence.
CitizenShipper Shipper Agreement
This Shipper Agreement is a part of CitizenShipper’s Terms & Conditions (“Terms”) and is incorporated therein by this reference. By using and accessing our Platform and requesting Delivery Services, each Shipper agrees, represents, warrants, acknowledges and agrees that:
- Shipper is at least 18 years of age and has all right and authority to lawfully use the Services or otherwise has the full right and authority to contract for the Job and send all items contained in a Job.
- Shipper will specifically list, photograph and disclose to the Driver, prior to the Driver accepting the Job, all items included in the Job and will not include in any Job any “Prohibited Items” as listed in the Terms, whether consented to by a Driver or not. Shipper acknowledges and agrees that CitizenShipper is not responsible for the contents or loss of any Prohibited Item. CitizenShipper reserves the right to dispose of the Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the Item, including delivery to the proper authorities. Shipper acknowledges and agrees to CitizenShipper’s Open Box Policy and will allow a Driver to visually inspect all items in a Job prior to departing with the Job.
- Unless Shipper has a separate special written agreement with CitizenShipper, Shipper will not include in any Job any “Special Item”. Shipper acknowledges and agrees that CitizenShipper is not responsible for the contents or loss of any so included Special Item. CitizenShipper reserves the right to dispose of any unauthorized Special Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the Item, including delivery to the proper authorities.
- Shipper has the responsibility to properly pack all items in a Job, including Live Animals, sufficient to withstand transport, ensure the safety and integrity of the item and in compliance with all applicable laws.
- Shippers are prohibited from posting or arranging a Job that involves the euthanasia, end of life services or anything of the like to a live animal.
- Shipper will only contract for or arrange a Job (or other similar services) with a Driver through the CitizenShipper Platform and will not knowingly engage a Driver who has delivered a Job for Shipper prior to perform Delivery Services outside of the CitizenShipper Platform. Shippers shall not enter any personal information into the title of a Job, including phone numbers or addresses. All personal information should be entered in the appropriate sections indicated in the Platform.
- Shipper will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
- Shipper may, at its option, and at its sole cost and expense, procure cargo insurance in such amounts as it deems appropriate. Shipper agrees to hold CitizenShipper harmless with respect to lost, damaged or delayed Job. CitizenShipper has no responsibility to procure any insurance covering loss, damage or delay to Shipper's Job.
- Shipper agrees to indemnify and hold CitizenShipper, 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 Shipper’s acts or omissions, Content Shipper submits, posts or makes available through the Platform, Shipper's use of the Platform, Shipper's violation of the Agreement and/or Terms, Shipper's breach of any of the representations and warranties herein, or Shipper's violation of any rights of another.
- Shipper represents, warrants and covenants that (1) Shipper is or represents a bona fide business entity or Shipper is an individual of which agrees to the terms of this agreement; (2) Shipper's access to the Platform is for commercial purposes and is limited to taking commercial advantage of the Platform, or Shipper is an individual and uses service for certain items to be shipped of which are in compliance with the terms of service herein; (3) Shipper will not permit non-registered users to use or access the Platform without the express written permission of CitizenShipper; (4) Shipper will not disclose Shipper's CitizenShipper login credentials or provide access to the Platform to non-registered users without the express written permission of CitizenShipper; (5) Shipper has provided an accurate description of all items posted on the Platform; and (6) Shipper will not disclose personal or identifying information or make contact with other Users outside of the Platform unless expressly permitted by CitizenShipper.
- Shipper agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website, a Job, the Platform, or Delivery Services, or these Terms or the Driver Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Shipper agrees that CitizenShipper, in its sole discretion, has the right (but not the obligation) to delete or deactivate Shipper's account, block Shipper's email or IP address, or otherwise terminate Shipper's access to or use of the Platform (or any part thereof), immediately and without notice, and remove and discard any Shipper information within the Platform, for any reason, including, without limitation, if CitizenShipper believes that a Shipper has acted inconsistently with these Terms or the Shipper Agreement. Further, Shipper agrees that CitizenShipper shall not be liable to Shipper or any third-party for any termination of Shipper's access to the Platform. Further, Shipper agrees not to attempt to use the Platform or Delivery Services after said termination.