Effective Date: September 30, 2020
These terms are a binding agreement between you and AutoSled. Please read them carefully before you access the Website OR USE THE AUTOSLED SERVICES.
Thank you for choosing AutoSled, a service that provides an online and mobile platform (“Service”) to Carriers and Shippers (as defined below), allowing them to connect and manage the transportation of motor vehicles. In addition to the functionality at the AutoSled website at www.autosled.com (“Website”) the Service includes any mobile application (“App”) through which you access or use the Service, and any downloads, content, and functionality contained therein.
By registering with AutoSled, by accessing or using the Service, or by clicking agree or accept when that option is available to you, you accept and agree to be bound and abide by the Terms. In the Terms, the words “you” and “your” refer to anyone who accesses the Website or uses the Service, whether you as an individual or on behalf of a company, entity, or organization you represent.
If you do not want to agree to the Terms you must not access the Website OR USE THE SERVICE.
The Service is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. If you do not meet those requirements, you must not access the Website or use the Service.
Changes to the Terms of Service
AutoSled may revise and update the Website and these Terms (including without limitation any fees that may apply) from time to time in its sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction (below) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
How the Service Works
AutoSled provides a platform via the Website or the AutoSled App (defined above as the “Service”) to facilitate transportation of vehicles by connecting Shippers and Carriers.
Carriers and Shippers must register to access and use the Service. Each registered Shipper has a profile and posts to the Service details about Shipment(s). A list of available Shipments is accessible at any time through the Service. Each registered Carrier also has a profile and a list of Carriers is available at any time through the website. Shippers may review Carrier profiles to determine whether a Carrier is acceptable and available for a Shipment. Carriers may also search and find available Shipments as well.
Through the Service, Carriers provide Shippers with real-time quotes on rates and charges (collectively, “Rates”). The applicable rates and charges are those quoted by a Carrier to a Shipper for a particular Shipment at the time the Shipper selects the Carrier to provide transportation services. The Carrier shall be entitled to such Rates as its sole and exclusive compensation for rendering the corresponding transportation services. Such rates may not be changed after acceptance of the cargo by Carrier, unless by mutual, written agreement of Shipper and Carrier.
Shipments are made available on a first-come, first-served basis. Shipments may be re-posted to the Service if the Shipper and Carrier fail to come to terms for a particular Shipment.
Both the Shipper and the Carrier submit Shipment-related documents such as (but not limited to), bills of lading, and delivery receipts. Under no circumstances should AutoSled be listed as either shipper or consignee on and Shipment. Carriers are responsible for uploading bill(s) of lading upon acceptance of the cargo. Carriers are also responsible for providing and uploading notice(s) or delivery and, if available, proof of delivery, within 24 hours of delivery.
Invoices will be generated automatically upon receipt of a Carrier’s notice of delivery. Payment of (i) the applicable Rates to the Carrier, and (ii) AutoSled’s Service Fee (as defined below), will occur (x) immediately upon receipt of proof of delivery signed by the named consignee, or (y) within 24 hours after delivery without signature. The financial portion of each shipment is facilitated by Stripe, a third-party payments service, which is linked to and integrated with the Service, as described below
AutoSled’s Role: AutoSled is a federally licensed freight broker (as defined in 49 U.S.C. §13102(2)). AutoSled’s sole obligation is to provide the platform that connects Carriers and Shippers, allowing them to arrange transportation of Shipper’s cargo by a Carrier that is appropriate and authorized to operate by all applicable governmental agencies. AutoSled does not provide actual transportation services or act in any way as a Carrier. AutoSled does not take possession, custody or control of any cargo. AutoSled does not assume any liability, possessory rights or obligations, and assumes no financial responsibility whatsoever, for cargo, including loss, theft, damage or delayed delivery thereof. AutoSled has no responsibility for any shipping services whatsoever.
AutoSled is not a motor carrier. Neither this nor any other document or agreement shall be construed to imply AutoSled is a motor carrier, or that AutoSled is subject to the regulatory or legal requirements of a motor carrier. AutoSled has no responsibility or liability for any transportation or motor carrier services provided to any Shipper or any other party using the Services.
AutoSled only facilitates the Website and the Services. AutoSled cannot and does not guarantee that use of the Service by either Shippers or Carriers will be successful or the Service will meet the needs of Shippers or Carriers. AutoSled is not responsible for any Shipment terms and conditions between a Carrier and a Shipper.
AutoSled is not responsible for, does not control, and cannot guarantee any information exchanged between SHIPPERS AND CARRIERS. SHIPPERS AND CARRIERS Are independent service providers and not employees or agents of AutoSled, and no agency, partnership, or joint venture is inteded or created by this agreement. You specifically acknowledge and agree that AutoSled disclaims any and all liability related to any Listing and for any loss or damage caused by reliance on information provided by WEBSITE USERS. ALL SHIPPERS AND CARRIERS USE THE WEBSITE AND SERVICES AT THEIR OWN RISK.
AutoSled reserves the right, at any time, for any reason, and without prior notice, to remove or disable access to any profile, posting, or other content, that AutoSled determines, in its sole discretion, is objectionable for any reason, in violation of these Terms, or is otherwise harmful to the Website.
Registration, Website Access, Limited License and Security
To access and use the Service each Carrier and Shipper (each a “User”) must complete an account registration directly through the Website. After completing an account registration a User will have a revocable, limited, non-exclusive and non-transferable license to access the Service through the Website or the App. By “access,” we mean navigating to any of our Website or App pages and using the Service. Everything you find on the Website and the App is available “as is” and “as available.” This means that we cannot not guarantee that you will always be able to access the Website, the App or the Services, or that your use will be uninterrupted or error-free. There are many things that can prevent or interrupt your access to the Website or the App, and we are not responsible for anything we cannot control, such as the Internet. You are responsible for making all arrangements and providing all software necessary for you to access the Internet and the Website or the App. We will not be liable if for any reason all or any part of the Website, the App, or Services are unavailable at any time or for any period.
AUTOSLED MAKES THE WEBSITE AND THE APP AVAILABLE SOLELY FOR THE PURPOSE OF PROVIDING THE SERVICES, SPECIFICALLY, TO MAKE AVAILABLE A PLATFORM TO CONNECT CARRIERS AND SHIPPERS. AUTOSLED DOES NOT PROVIDE ANY ACTUAL TRANSPORTAION SERVICES. YOU ACKNOWLEDGE AND AGREE THAT AUTOSLED DOES NOT INVESTIGATE OR MAKE ANY GUARANTEES OR WARRANTIES ABOUT THE ABILITY, QUALITY, LEGALITY, SUITABILITY OR REGULATORY COMPLIANCE OF ANY CARRIER, SHIPPER, OR VEHICLE(S) TRANSPORTED THROUGH USE OF THE SERVICE. MOREOVER, AUTOSLED DOES NOT CONTROL THE CONDUCT OF CARRIERS, SHIPPERS, OR OTHER VISITORS TO THIS WEBSITE AND DISCLAIMS ANY AND ALL LIABILITY FOR THE SAME.
You may not have more than one active AutoSled account at any time. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You remain solely responsible for all activities under your AutoSled account, whether or not you have authorized such activities or actions. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Terminating An Account
Shippers and Carriers
“Carrier” is a person or legal entity you identify when you register to access and use the Service for the purpose of providing transportation services. By registering to access and use the Service as a Carrier you warrant and represent that that person or legal entity is a motor carrier as defined by 49 USC §13102(14) with authority issued by the federal and applicable state governments to haul cargo for hire. A Carrier who accesses or uses the Service is an independent contractor and remains solely responsible for screening, selecting, hiring, training, supervising, managing, assigning, and dispatching its drivers. A Carrier is also solely responsible for the inspection and maintenance of its motor vehicle equipment and accessories. A Carrier is solely responsible for its own actions, omissions, training, oversight, compliance with regulatory and safety requirements, and all management of Carrier’s equipment, services, drivers, employees, contractors, agents and servants. A Carrier maintains sole control over the methods and results by which it performs cargo transportation services, and retains the sole duty to provide, maintain, manage and control the equipment, personnel, and expertise required to transport your cargo. AutoSled is not an agent of any Carrier, and no Carrier is an agent of AutoSled.
“Shipper” is a person or legal entity you identify when you register to access or use the Service for the purpose of obtaining transportation services. By registering to access and use the Service as a Shipper you warrant and represent that that person or legal entity owns, possesses, or otherwise holds rights to transport cargo you seek to ship by way of the Service, and will be identified as the shipper, consignor, or consignee on the applicable bill of lading. A Shipper who accesses or uses the Service is an independent contractor and remains solely responsible for screening, selecting, and hiring the Carrier. AutoSled is not an agent of any Shipper, and no Shipper is an agent of AutoSled.
Registration Requirements. At the time of registration through the Website, Users will be asked to provide information used to create a profile, including (but not limited to) the following:
- Phone number
- E-mail address
- A complete W-9 to provide your EIN or TIN
- Evidence of Federal Motor Carrier Safety Administration (FMCSA) authority (for Carriers)
- DOT # (for Carriers)
- Insurance information (for carriers)
You agree to procure and maintain the following insurance coverages, at your sole cost and expense and with insurers reasonably acceptable to AutoSled:
- Automobile liability insurance to include any automobile, owned, non-owned, and hired, covering bodily injury (including injury resulting in death) and loss of or damage to property in an amount not less than the greater of (a) $1,000,000 per incident and (b) the amount required by applicable law, rule or regulation;
- Motor truck cargo liability insurance in an amount not less than $100,000 per incident, which must not contain any exclusions for employee theft or dishonesty, unattended or unattached trailers or otherwise likely to result in denial of claims;
- Workers compensation insurance as required by applicable law, rule or regulation; and
- Any other insurance required by applicable law, rule, or regulation as determined by AutoSled?
You agree to provide to AutoSled upon request certificates of insurance and related documentation sufficient to evidence your compliance with the foregoing minimum insurance requirements.
Compliance Information. If you are a Carrier, you represent and warrant that you are, and shall at all times when you are a registered User remain, duly authorized and licensed to provide transportation of any shipments requested or obtained through the Service as a for-hire motor carrier in accordance with any and all applicable laws, rules and regulations. You further represent and warrant that your current safety rating issued by FMCSA is not “unsatisfactory,” and that you are not otherwise subject to an out of service order or otherwise prohibited from providing services in accordance with any applicable laws, rules, and regulations. In the event that you are issued a safety rating of less than “satisfactory” at any time while you are a registered user of the Service or App, you must provide immediate written notice thereof to AutoSled.
AutoSled may utilize a third-party provider, Registry Monitoring Insurance Services, Inc. (“RMIS”), to obtain insurance, licensing, and other information about Carriers. If a Carrier has not already done so, it should onboard with RMIS either (i) through the link provided during the AutoSled registration process, or (ii) by independently visiting an RMIS website that enables provisioning of Carrier personal information. Upon request, RMIS may provide data (and, if applicable, RMIS analysis of the data) for use to determine if the Carrier meets the requirements to provide transportation services and for the Shipper and Carrier to conduct business. RMIS may obtain some information about Carriers from third-party information providers. NEITHER AUTOSLED NOR RMIS MAKE ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AS TO SUCH THIRD-PARTY INFORMATION AND IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS THEREOF. RMIS and AutoSled are, with respect to each other, independent contractors. EACH SHIPPER IS RESPONSIBLE FOR EVALUATING THE COMPLAINCE DATA PROVIDED THROUGH RMIS. AUTOSLED HAS NO OBLIGATION TO REVIEW COMPLIANCE DATA FROM RMIS.
No Subcontracting: Carriers will not subcontract, assign, or cause or permit any other person or entity to perform any of a Carrier’s obligations hereunder, or cause or permit any Shipment to be transported by any other substitute mode of transportation, without Shipper’s express prior written consent. If Carrier breaches this provision, without limiting any other right or remedy, Carrier shall remain fully liable as if it had transported the Shipment on vehicles operating under its for hire motor carrier authority (including liability for cargo loss and damage claims and including the duty to defend, indemnify and hold harmless against the acts and omissions of Carrier and its contractors). Carrier acknowledges and agrees if any third party makes a claim against AutoSled or the Shipper with respect to Shipments tendered to Carrier for transportation hereunder, AutoSled may pay such third party directly and shall have no duty to pay Carrier with respect to any such Shipment. Further, AutoSled shall have the right to offset the amount of payment to such third party, and AutoSled shall have the right to claim and collect any damages, including consequential, incidental, incidental and indirect damages from Carrier arising out of a breach of this provision.
Equipment: Carrier warrants that it shall perform all transportation services pursuant to this Agreement with equipment that is regularly maintained and is in good order, condition, and repair and that meets with all applicable federal and state laws, rules, and regulations. Carrier is solely responsible for ensuring that all equipment has been properly loaded, secured, blocked, and braced. You acknowledge that AutoSled will never be in possession of any cargo being transported in connection with use of the Service and that AutoSled will not be responsible or have any role in the securement of cargo for transportation.
Non-Solicitation: During the term of this Agreement, and for one (1) year after its expiration or termination, you shall neither initiate nor accept any direct or indirect business relationship with any Shipper where Shipments to or from such Shipper were first transported pursuant to the Service, or in connection with use of the Service. Your obligation in this regard extends to instances where a Shipper contacts you and seeks to establish a business relationship that does not include AutoSled. If in violation of this foregoing, you book or otherwise makes available any direct or indirect business relationship with any Shipper first introduced to you through AutoSled, you shall be jointly and severally liable with the Shipper to AutoSled for each such violation in an amount equal to twenty percent (20%) of all revenues paid by the Shipper to you.
No Endorsement. The Service provided by AutoSled is not a recommendation or endorsement of any particular Shipper or Carrier. By using the Service, Shippers and Carriers each agree that any legal remedy or liability sought to obtain for actions or omissions of another Shipper or Carrier (as appropriate) will be limited to a claim against the particular Shipper or Carrier alleged to have caused the harm. Further, Shippers and Carriers agree not to attempt to impose liability on, or seek any legal remedy from AutoSled with respect to such actions or omissions.
Invoicing, Payment and Fees.
Fees for the Service will be paid in accordance with the Service and payment options described on the Website and the App from time to time (e.g., one-time, subscription, etc.). All fees are payable in advance and are non-refundable unless we have expressly provided a different written refund policy to you. Subscriptions (if applicable) may have recurring payment features that will automatically renew unless you cancel your subscription prior to the end of the then-current subscription term by following the cancellation procedures described on the Website and the App from time to time.
AutoSled utilizes a third-party provider, Stripe, for all invoicing, payment, and other financial transactions in connection with the Service. The use of Stripe by Shippers and Carriers is facilitated by integration of access to Stripe through the AutoSled Website. All financial processing services are subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the “Stripe Terms”). By using the AutoSled Service to process payments, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of AutoSled enabling payment processing services through Stripe, you authorize AutoSled to obtain all necessary access and perform all necessary activity on your Stripe-connected account to facilitate and pay for transportation services provide by Carriers for Shippers. Users agree to provide accurate and complete information about themselves and their business(es), and authorize AutoSled to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. AutoSled reserves the right to switch payment processing vendors in its sole discretion. Note that AutoSled cannot control any fees that may be charged by a User’s bank in connection transactions processed through Stripe, and AutoSled disclaims all liability in this regard.
Taxes. Carriers understand and agree that they are solely responsible for determining all applicable tax reporting requirements. AutoSled cannot and does not offer tax-related advice to any User.
From time to time AutoSled may offer certain referral and/or reward programs in connection with the Service. Any such program will be subject to additional terms and conditions provided at [LINK][MKW12] .
Intellectual Property Rights
The Website and all of the content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree that you will not delete or alter any copyright, trademark, or other proprietary rights notices from copies of content from the Website.
Users acknowledge and agree that each of them is solely responsible for all Content made available through the AutoSled Service, and you hereby represent and warrant that: (i) you either are the sole and exclusive owner of all such content or you have all rights, licenses, consents and releases that are necessary to grant the above rights to AutoSled as set forth herein. Further, the content nor AutoSled’s posting, uploading, publication, submission or transmittal of the content and/or its use on or in connection with the Website will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
All content that is not provided by a User is owned or controlled by AutoSled. You acknowledge and agree that either AutoSled or its licensor(s) own all rights, title, and interests in such Content. You may not distribute, transfer, post, display, broadcast, adapt, create derivatives, sell or otherwise exploit any content or the Website except as expressly permitted under these Terms of Service. These Terms of Service set forth your only rights and no other rights or licenses are transferred, implied, or otherwise granted. Any use of the Website or any Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The AutoSled name, the AutoSled logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AutoSled. You must not use such marks without AutoSled’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Website and the App are the trademarks of their respective owners.
You may use the Service for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate AutoSled, a AutoSled employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the AutoSled or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise, attempt to interfere with the proper working of the Website.
We have the right to:
- Remove or refuse any content for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS AUTOSLED FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BOOST DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER AUTOSLED OR LAW ENFORCEMENT AUTHORITIES. However, we cannot and do not undertake to review all content before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ANY CONTENT, AND ANY SERVICES IS ENTIRELY AT YOUR OWN RISK. ALL OF YOUR COMMUNICATIONS WITH OTHER USERS, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE THROUGH THE SERVICE ARE SOLELY YOUR RESPONSIBILITY.
THE WEBSITE, CONTENT, AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER AUTOSLED NOR ANY PERSON ASSOCIATED WITH AUTOSLED MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AUTOSLED NOR ANYONE ASSOCIATED WITH AUTOSLED REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, AUTOSLED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
AutoSled cannot and does not guarantee or warrant that Content available to you from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT AUTOSLED IS ONLY WILLING TO PROVIDE ACCESS TO THE WEBSITE, THE APP, AND THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS ON OUR LIABILITY TO YOU AND TO THIRD PARTIES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AUTOSLED, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY LINKED WEBSITES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE APP OR THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCESS TO THE WEBSITE AND THE APP, AND DISCONTINUE USE OF THE SERVICE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury which may occur as a result of you use of the Service.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, release and hold harmless AutoSled, any affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service, your access to the Website or the App, or your use of the Service, other than as expressly authorized in these Terms of Service, or your use of any content or other information obtained from the Website or the App, or in connection with the Service.
Limitation on Time to File a Claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE AUTOSLED TERMS, THE SERVICE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
AutoSled respects the intellectual property rights of others and expects all Users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright Act or “DMCA” at 17 U.S.C. § 512) and are properly provided to us. If you would like the benefit of your legal protections under the DMCA, please review the DMCA to ensure your compliance.
If you believe that content has been copied in a way that constitutes copyright infringement or the infringement of other intellectual property rights, please send us a written request to remove the allegedly-infringing content (a “takedown notice”). Each takedown notice must be in English and include the following information:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
- Information reasonably sufficient to permit us to locate the material (e.g., the applicable uniform resource locator or “URL”).
- Your contact information, including your postal address, telephone number and an email address.
- A statement by you that you have a good faith belief that use of the content or other material in the manner complained of is not authorized by the copyright owner or other owner, its agent or the law.
- A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or other owner.
- A physical or electronic signature of the copyright owner, other owner or a person authorized to act on their behalf.
Following our receipt of a takedown notice, we may publish the takedown notice to the general public or provide a copy of the takedown notice to the user that uploaded or provided the content accused to be infringing (“Accused Content”). For any takedown notice that is subject to the provisions of the DMCA, the original provider of the Accused Content may have the right to send a notice to us (“counter notice”) demanding that the Accused Content be restored to the Website or App.
In compliance with the DMCA or other applicable law, we may implement any takedown notice by removing the Accused Content or other material from the Website or App, and we may implement any counter notice by restoring the Accused Content or other material to the Website or App. In either case, we shall bear no liability to you or anyone else for the posting, removal or re-posting of any Accused Content.
Independent of the DMCA and any other applicable laws or regulations, we reserve the right to remove any Accused Content at any time without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, we will also terminate a registered user’s account if we determine the registered user to be a repeat infringer.
Our designated copyright agent for sending takedown notices and counter notices is:
AutoSled, Inc., 6010 Executive Blvd, Rockville, MD 20852.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, in each case located in the City of Baltimore, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At AutoSled’s sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maryland law and taking place in the State of Maryland.
ARBITRATION PROCEDURES ARE TYPICALLY SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN THE COMPANY AND YOU IN ANY STATE OR FEDERAL COURT. IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.
Waiver of Jury Trial
YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL IN FRONT OF A JURY, INSTEAD AGREEING THAT ALL CLAIMS AND DISPUTES WILL BE RESOLVED BY A JUDGE OR, IN OUR DISCRETION, ARBITRATION AS DESCRIBED ABOVE.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by AutoSled of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the AutoSled to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Your Comments and Concerns
This website is operated by AutoSled Inc., 6010 Executive Blvd, Rockville, MD 20852.
AutoSled is always interested in improving its services and providing Member s and Advisors with the best possible experience. Please feel free to send us feedback, comments, or suggestions relating to the Website. All submissions to AutoSled will be the sole and exclusive property of AutoSled and you hereby assign and agree to assign all rights, title and interests in and to any submission to AutoSled.
All comments should be directed to:
6010 Executive Blvd
Rockville, MD 20852