TermsJanuary 26, 2022
These Terms of Service (“Terms”) govern your use of the MustDeliver website (“Site”) and any MustDeliver mobile application (the “App”), application programming interfaces, and other services offered by MustDeliver as well as services offered through third parties integrating MustDeliver functionality (“Services”). MustDeliver, Inc. (“we” or “us”) provides the App, Site and Services (collectively the “System“). “You” refers to you as a user of the App, Site or Services, and may refer to the Shipper or the Carrier/Driver, as the context requires.
BY USING THE APP, SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS, YOU MAY NOT ACCESS OR OTHERWISE USE THE APP, SITE OR SERVICES.
- About the System
The MustDeliver platform is an online platform that connects Shippers and Drivers for the shipment of freight and cargo. For the purposes of these Terms and our Services, a “Shipper” is defined as a person or company who submits a shipment request through our Services and a “Driver” is defined as a person who accepts a shipment request through our Services in order to transport cargo to fulfill a shipment request. Drivers may drive independently or through a carrier (“Carrier”).
- Accounts and Eligibility
You must be at least 18 years old to use the App, Site or Services. In order to use the App, Site, or Services, you must register for and maintain a user account as either a Driver or a Shipper. You agree to keep the information in your account up-to-date and your failure to maintain accurate information, including having expired or inaccurate payment information, could result in your inability to use our App, Site or Services. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account. If we choose to conduct identity verification of any Shipper or Carrier/Driver, we shall not be liable for and we hereby disclaim any warranties of any kind, express or implied, as to any actual identity of any person using the App, Site or Services.
- Mobile Applications
The App works on an application linked to your mobile device and its operating system. MustDeliver is responsible only for the MustDeliver System.
You are responsible for obtaining and maintaining all equipment and mobile, cellular and data services needed for access to and use of the System as well as paying related charges such as data usage, message fees and other charges from your wireless or internet provider. You must have an internet-enabled cell phone or device using either the iOS or Android operating system in order to access MustDeliver’s mobile applications. Normal carrier charges and taxes may apply to any content you obtain from the System. MustDeliver is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the System.
You expressly agree that, as part of your use of the System, you may receive communications by push notification and/or email using automated technology, including promotional communications from time to time. A purchase is not required to opt in to receiving such promotional communications. You may stop receiving promotional alerts via email by clicking the unsubscribe links contained in such emails or by disabling push notifications on your mobile device. You may not opt out of service-related emails.
- If you are a Shipper, you may submit a shipment request through the App. In order to submit a request, you will need to provide certain details, including, but not limited to the pickup and drop off destination, a description of the items that you would like to have shipped, size and weight, the date and time of the pickup, the date and time of the desired delivery, desired equipment and other information regarding the shipment that we may deem necessary from time to time at our sole discretion. The System will automatically calculate the price of shipment. You will be asked to review and approve your shipment request. After you approve a shipment request, the System will match it with eligible Drivers. However, we cannot guarantee that your shipment request will be accepted by a Driver. If you are a Driver, you will be sent shipment requests based on your preferences, including distance to pickup, your availability, preferred working days, preferred routes, etc. You can accept or reject shipment requests.
- Once a shipment request has been accepted by a Driver, the Driver and Shipper are both able to cancel the shipment without penalty up until 24 hours before the scheduled shipment pickup date and time. Within 24 hours a Driver or Shipper must contact firstname.lastname@example.org if a shipment needs to be cancelled. If a Driver cancels a shipment request within the 24 hour cancellation period, we will use reasonable efforts to match the Shipper with an alternative Driver. If a Shipper cancels a shipment request within the 24 hour cancellation period, we will use reasonable efforts to find an alternative shipment for the Driver. Cancellation by either Shippers or Drivers less than 24 hours prior to the scheduled shipment pickup date constitute a breach of these Terms and cancellation fees may apply.
- Bill of Lading. Once a shipment request has been accepted by a Driver, our System will automatically generate an electronic bill of lading (“BOL”), with information about the shipment request, inventory of items to be shipped, weight, pick-up and delivery locations, the Driver, the Shipper, price and payment information. Shippers are solely responsible for ensuring that all information on the BOL is accurate and complete. The BOL and the applicable provisions of these Terms form a shipping contract between the Shipper and Carrier/Driver. We recommend that all Drivers ask Shippers for a hard copy of the BOL upon the Driver’s pickup of the items to be shipped. Once the shipment has been completed, the Driver will mark the shipment as delivered within the App and will enter the name of the receiving agent, if not already provided by Shipper.
- Shipping Issues. If there is an issue with the delivery, including delayed delivery, or missing, damaged, or lost items, Shipper may submit a complaint to email@example.com within 48 hours of the scheduled delivery time.
- Representations, Warranties and Covenants
- Driver/Carrier Representations and Warranties. As a Carrier/Driver, you represent, warrant and covenant that:
- All information that you have provided to us when creating an account (i.e. your banking/ACH information, your license information, MC/DOT # and VIN #) are complete and accurate;
- You have applicable insurance, sufficient to cover liability for the shipments that you transport, including but not limited to commercial auto liability and cargo liability to cover liability for each shipment, and in accordance with industry standards. We reserve the right to update our insurance requirements in the future and you shall be required to comply with any updated requirements in order to use our App, Site or Services;
- You have operating authority and have all applicable licenses, permits, registrations, approvals and authority under state, local and federal law to provide shipping services, including a federal carrier license with a satisfactory safety rating from the U.S. Department of Transportation;
- You will comply with all applicable local, state and federal laws related to the provision of shipping services and you will ensure that your employees shall do the same;
- You will provide your own vehicle and related equipment to fulfill shipment requests at your own cost and expense, and such vehicle and equipment shall be sufficient to complete the requested shipment;
- Your vehicle and equipment shall be in good working order, condition and repair and compliant with all applicable government requirements;
- You will employ and be solely responsible for all personnel employed or contracted by you to provide shipping services and you will pay their wages and insurance;
- You are solely responsible for any damages or losses that are caused by the acts and omissions of your employees;
- You shall not use the Service to broker out any shipments;
- You shall communicate with Shipper and provide any updates on delivery and shipment;
- You shall use commercially reasonable efforts to pick up accepted shipments at the designated pickup spot at the designated pickup time, and use commercially reasonable efforts to perform timely, efficient and reliable delivery of all shipments;
- You shall be responsible for any property loss, damage and personal injury or death that result from your shipping services; and
- You shall perform your services in a good and workmanlike manner in accordance with industry standards.
- Shipper Representations and Warranties. If you are a Shipper, you hereby represent, warrant and covenant that:
- You are responsible for any insurance to cover foreseeable losses or damages;
- You will have the shipment ready for pickup at the applicable pickup time and the shipment is able to be loaded within a reasonable amount of time;
- You own or have the necessary rights as agent for the owner to ship the relevant items in your shipment request;
- The shipment shall comply with all applicable laws, rules and regulations and these Terms;
- You are liable for any claims, loss, or damage resulting from the shipment, including but not limited to, property damage, personal injury and death;
- You are liable for any claims, loss, or damage as a result of improperly loading and securing the items you wish to ship; and
- You understand that MustDeliver does not provide insurance coverage for the Services.
- You shall communicate with the Driver to aid in the performance of shipping services.
- Payment Terms
- Payment Services. Payment processing services for Drivers/Carriers and Shippers on the System are provided by Stripe and are subject to the Stripe Terms of Service (https://stripe.com/legal). In addition, payments to drivers are facilitated by Stripe’s connected accounts which are governed by the Stripe Connected Account Agreement (https://stripe.com/connect-account/legal) (along with the Stripe Terms of Service collectively, the “Stripe Services Agreement”). By agreeing to MustDeliver’s terms or continuing to use the System, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of MustDeliver enabling payment processing services through Stripe, you agree to provide MustDeliver accurate and complete information about you and your business (“your information”), and you authorize MustDeliver to share with Stripe your information and transaction information related to your use of the payment processing services provided by Stripe.
- Payment Processing. MustDeliver facilitates payment processing services for our Drivers/Carriers and Shippers and facilitates all payments that occur within the App and Site via credit card and ACH. MustDeliver will collect payments from Shippers for Shipment Fees and other fees and will pay out Driver Fees and other fees associated with a shipment to Drivers.
- Shipper Payment and Charges.
- For each Shipment, Shipper is obligated to pay the Shipment Fee (the “Shipment Fee”) that is laid out in the BOL which includes a service fee charged by MustDeliver for the Services (the “Service Charge”). The Service Charge includes applicable payment processing fees.
- Shipper agrees to pay detention fees, truck order not used fees and other accessorial fees related to a Shipment as may occasionally be incurred by the Driver in conjunction with hauling a Shipment.
- Shipper agrees not to directly contact the Carrier/Driver to circumvent the Services or payments for scheduled or completed shipments in any way. All payments shall be in United States dollars. Any amount that is not paid when due will accrue interest at twelve percent (12%) per annum or the maximum rate permitted by applicable law, whichever is less, from the due date until paid. If you are a Shipper, in the event MustDeliver is unable to collect all charges from you due to insufficient funds, you shall be liable for all costs and expenses incurred by MustDeliver in connection with collection of the fees due in connection with the Services for the shipment, including costs and expenses of a third-party collection agency and attorneys’ fees and costs.
- Once delivery of the shipment has been completed, you will be able to access an electronic invoice through the App and/or Site. We will also send an email receipt to the Shipper each time the Shipper is charged.
- Prohibited Items. Shippers shall not use the Service to ship contraband or items that are illegal, dangerous, hazardous, radioactive, harmful, or unsafe, including, without limitation, weapons, ammunition, explosives; items that are prohibited by law; or money, cash, bullion or negotiable instruments, such as endorsed checks or bonds. In no event shall the value of any items shipped using the Services exceed $50,000 in the aggregate per shipment. Any declared value of a shipment in excess of such amount shall be null and void to the extent of such excess.
- Driver/Carrier Payment
- Provided that we have successfully collected all amounts due from the Shipper, we will pay the Driver 25% of the undisputed Shipment Fee less the Service Charge (the “Driver Fee”) that are listed in the App and Site when the Driver picks up the applicable shipment and 75% of the undisputed Driver Fee within 48 hours of the completed shipment. We will retain the applicable Service Charges for the shipment. Drivers/Carriers agree to remain responsible for the collection and/or payment of all applicable duties, sales taxes, GST, VAT or other taxes (other than taxes due on MustDeliver’s income), which Driver/Carrier may be liable for in any jurisdiction arising from their use of the Service. MustDeliver is not responsible for collecting, reporting, paying, or remitting any such taxes.
- Notwithstanding the foregoing, if the Shipper indicates that the delivery has not been completed or otherwise files a claim about the delivery within 48 hours of the delivery, MustDeliver shall have the right to withhold or offset payment of any Driver Fee due to the Driver/Carrier until such problem with the delivery or claim has been settled. Driver/Carrier is not entitled to withhold any shipments as a means of obtaining payment for past or current Driver Fees. Driver/Carrier waives any liens on shipments transported through the Service.
- Truck ordered not used fees, detention fees and other accessorial fees will be paid to the Driver by MustDeliver.
- Additional Terms
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.
- Acceptable Use of the System
You are responsible for your use of the System, and for any use of the App, Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the App, Site or Services, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the App, Site or Services;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the Site;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the App, Site or Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the App, Site or Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- User Content
The App, Site and some of our Services allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. In other words, you own your personal data.
When you upload, submit, store, send, or receive User Content to or through the App, Site or Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the System), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the System, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the System. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the App, Site or Services.
You promise that:
- you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the App, Site or Services for any reason.
- Copyright and Intellectual Property Policy
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Legal Department, firstname.lastname@example.org
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Portland, Oregon, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
- Changes to the App, Site or Services
We enhance and update the System often. We may change or discontinue the App, Site or Services at any time, with or without notice to you.
We reserve the right to not provide the App, Site or Services to any person. We also reserve the right to terminate any user’s right to access the App, Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the System automatically terminates.
- Disclaimer and Limitations on Our Liability
YOU USE THE SYSTEM AT YOUR OWN RISK. THE SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SHIPMENT OR THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE APP, SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE APP, SITE OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE APP, SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE APP, SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE APP, SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE APP, SITE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP, SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APP, SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNT OF THE SERVICE CHARGES THAT MUSTDELIVER HAS RETAINED FROM THE AMOUNT ACTUALLY PAID FOR THE APPLICABLE SHIPMENT.
You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.
You agree that MustDeliver is not in any way a carrier, courier, or shipping provider. Any dispute that Shippers have with any Drivers or Carriers, that Drivers or Carriers have with any Shippers, or that you have with any other third party, must be handled directly between the disputing parties.
- Driver Indemnification. If you are a Driver/Carrier, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to:
- any actual or alleged breach of these Terms by you or anyone using your account;
- your use of the App, Site and/or Services;
- any damages, losses, delays to shipments;
- your interaction with Shippers or any other third party in connection with using the App, Site and/or Services;
- violations of any labor or employment requirements founded in federal, state, local or common law, including any liability for, or assessment of penalties related to withholding taxes imposed on the Carrier by the relevant taxing authorities;
- any of your acts or omissions or your employees’ acts or omissions in connection with the shipping services; and
- violation of applicable laws or regulations by you or your employees.
- Shipper Indemnification. If you are a Shipper, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to:
- any actual or alleged breach of these Terms by you or anyone using your account;
- your use of the App, Site and/or Services;
- your interaction with Drivers or any other third party in connection with using the App, Site and/or Services;
- violation of applicable laws or regulations;
- any of your acts or omissions or that of your employees in connection with the shipment, including providing incomplete or inaccurate information to MustDeliver, Driver/Carrier, or any other third party; and
- the shipment and its contents.
- Indemnification Procedures. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to reasonably cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of MustDeliver.
- Arbitration Agreement & Waiver of Certain Rights
You and MustDeliver agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and MustDeliver hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and MustDeliver relating to these Terms or the System (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MustDeliver will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or MustDeliver from seeking action by federal, state, or local government agencies. You and MustDeliver also have the right to bring qualifying claims in small claims court. In addition, you and MustDeliver retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor MustDeliver may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or MustDeliver’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with MustDeliver.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MUSTDELIVER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
During the term of these Terms, and for a period of one (1) year from its termination, you shall neither initiate nor accept any direct or indirect business relationship with any Driver/Shipper to which you are first introduced through the Service, or in connection with use of the Service. This provision shall continue in force beyond termination of these Terms for one (1) year subsequent to termination. We reserve the right to terminate your account if you breach (or if we suspect you breach) this provision.
- Independent Contractors
Your relationship to MustDeliver is that of an independent contractor, and nothing in these Terms shall be deemed or construed to create, or have been intended to create a partnership, joint venture, employment, or agency relationship with MustDeliver. You agree that you neither have nor will give the appearance or impression of possessing the legal authority to bind or commit MustDeliver in any way except as expressly provided in these Terms.
- Other Provisions
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of Oregon without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in Portland, Oregon. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
- Changes to these Terms
From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the App and/or Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the App, Site or Services, you are agreeing to the revised Terms.
Please print a copy of these Terms for you records and PLEASE check the APP and/or Site frequently for any changes to these Terms.