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Dispute Resolution Terms of Service

Richard Obousy -

Terms of Service - Citizen Shipper Online Dispute Resolution

These Terms of Service are effective as of December 30, 2014

These Terms of Service ("Terms of Service") shall govern the use and participation in the online dispute resolution services provided by CitizenShipper.com. (“Citizen Shipper”). Citizen Shipper provides its Services via their website, https://www.CitizenShipper.com (“Site”). By choosing to use the Site and Services, all parties also agree to these Terms of Service and express intent and agree to be bound by them.

Please read through these Terms of Service carefully, as they may have changed since your last visit to the Site. Citizen Shipper reserves the right to change these Terms of Service, or any portion thereof at any time, without notice. These changes will not apply to existing feedback reviews in which Users have agreed to prior Terms of Service. Any persons or entities unwilling to agree to these Terms of Service shall discontinue further use of the Site and Services.

 

Service Provided

Citizen Shipper offers an Online Dispute Resolution (ODR) Service (“Service”) to any shipper or driver who is unsatisfied with his or her transaction. This service will consist of a Negotiation Forum, whereby the parties can attempt to work out a satisfactory resolution on their own through a five-step process. If the parties do not come to an agreement during the 10 business day Negotiation Period, a neutral third party under contract with Citizen Shipper, LLC, will propose one final solution after reviewing both parties’ information and settlement offers. If no agreement is reached after this final stage, Citizen Shipper’s involvement in the dispute resolution process will end. Citizen Shipper will not be a party to any subsequent discussions or legal action between the parties and Citizen Shipper’s dispute resolution process will no longer be available for that transaction.

However, if any party notifies Citizen Shipper that a settlement was not reached within 10 business days of the Negotiation Period ending, Citizen Shipper will, at no cost to either party, provide the parties with names and contact information of arbitrators who may be willing to arbitrate the dispute in a manner and at a cost negotiated by the parties and the arbitrator.

 

Payment

The parties can participate in the Negotiation Forum at no cost. If an agreement cannot be reached, Citizen Shipper can provide the names of arbitrators who may be willing to arbitrate the dispute. The cost and payment for this service would be determined by the parties and the independent arbitrator. Citizen Shipper will have no involvement in the arbitration and will receive no payment.

 

Privacy

See the CitizenShipper Privacy Policy for information concerning the use of your personal information.

 

Security

Citizen Shipper 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 Citizen Shipper is not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals.

 

Parties’ Responsibilities

By participating in Citizen Shipper’s dispute resolution process, the parties agree to act in good faith, which includes taking reasonable steps to achieve a fair and expeditious resolution of the dispute. Citizen Shipper insists users post comments that offer significant information concerning the item transaction, feedback, and settlement requests or offers. By way of example, and not as a limitation, you agree that when using this Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

 

Confidentiality

Dispute Resolution processes are generally considered to be a confidential means to settle disagreements. As such, information contained in the comments posted by either party is not intended to be copied or distributed. Citizen Shipper insists that you observe discretion in matters related to the details and specifics of a claim. Citizen Shipper takes reasonable measures to ensure the privacy of the dispute and the participants. Citizen Shipper.com agrees to treat all information received in the course of its review activities as confidential with respect to persons or entities. Citizen Shipper further agrees that such confidential information may not be used for any purpose by Citizen Shipper except to fulfill its dispute resolution obligations. For more information, please see our privacy statement.

 

Indemnity

In consideration of the services provided by Citizen Shipper, you agree to hold harmless Citizen Shipper and any of its directors, officers, agents, servants, employees, independent contractors, assignees, permittees, designees, or shareholders from and against any and all claims, causes of action, liabilities, costs and/or expenses of any kind arising from or in connection with the third party alternative dispute resolution program currently known as Citizen Shipper.

 

Waiver

If Citizen Shipper fails to enforce any right or provision of these Terms, it will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of Citizen Shipper. Unless expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

Severability

If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the cope or extent of such section.

 

Copyright and Trademark Notices

All contents of the Citizen Shipper Site are: Copyright 2014 by Citizen Shipper and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CITIZEN SHIPPER SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CITIZEN SHIPPER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CITIZEN SHIPPER SITE AT ANY TIME. ADVICE RECEIVED VIA THE CITIZEN SHIPPER SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CITIZEN SHIPPER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CITIZEN SHIPPER SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CITIZEN SHIPPER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CITIZEN SHIPPER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CITIZEN SHIPPER SITE, WITH THE DELAY OR INABILITY TO USE CITIZEN SHIPPER SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CITIZEN SHIPPER SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CITIZEN SHIPPER SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CITIZEN SHIPPER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF CITIZEN SHIPPER SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CITIZEN SHIPPER SITE.

 

Choice of Law

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Broomfield County, Colorado, U.S.A. in all disputes arising out of or relating to the use of the Citizen Shipper Site. Use of the Citizen Shipper Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Citizen Shipper as a result of this agreement or use of the Citizen Shipper Site. Citizen Shipper’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Citizen Shipper’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Citizen Shipper Site or information provided to or gathered by Citizen Shipper with respect to such use.

 

Force Majeure

If performance under these Terms of Service is interfered with by any condition beyond a party's reasonable control, the affected party will be excused from such performance to the extent of such condition.

 

How to Contact Us

Users can email questions, comments, or concerns to support@citizenshipper.com, or call 1-888-263-4804.

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