DiyTranport, Inc. User Agreement
The legal entity You are entering into this Agreement with is Diy Transport, Inc., 860 Boardman Canfield Rd Ste 108 Boardman Ohio 44512, if you reside in the United States.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service provider’s utilized and other similar information.
Web browser cookies
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To send periodic emails
We may use the email address to respond to their inquiries, questions, and/or other requests.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
860 Boardman-Canfield Rd
Boardman, OH 44512
1. License and Acceptable Use. The DiyTransport site Services contain copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or applications and code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of our Services including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of the DiyTransport Services does not confer upon You any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners. DiyTransport grants to you a non-exclusive, non-transferable (except as permitted below), world-wide, limited license to make use of the DiyTransport Services to which You utilize. This license does not include any resale of DiyTransport Services, or its contents; any collection and use of any shipment listings, descriptions, or prices; any derivative use of any DiyTransport Service or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in this User Agreement are reserved and retained by DiyTransport or its licensors, suppliers, users, rightsholders, or other content providers. No DiyTransport Service, nor any part of any DiyTransport Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DiyTransport. You may not misuse the uShip Services. You may use the DiyTransport Services only as permitted by law.
Shipper. A person or company that arranges to have goods shipped on their own behalf by any type of conveyance. The shipper might be the consignee (recipient of the shipment) or the consignor (sender of the shipment), or a 3rd party that is neither. Any party, person, agent or carrier that provides freight (or passenger) transportation and related services to a shipper or agency. For the transportation of goods, this includes carriers, brokers, freight forwarder, and third party logistics providers.
Carrier. A person or company who provides transportation of goods (or passengers) for compensation.
Broker. A person who, for compensation, arranges, or offers to arrange, the transportation of goods by an authorized motor carrier. Motor carriers, or persons who are employees or bona fide agents of carriers, are not brokers within the meaning of this definition when they arrange or offer to arrange the transportation of shipments which they are authorized to transport and which they have accepted and legally bound themselves to transport.
3. Membership. You agree that You can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended DiyTransport members. You acknowledge that You are at least 18 years of age. Minors may only use our Services in conjunction with their parents or guardians. Your DiyTransport membership may not be transferred or sold to another party. If You are registering as a business entity, you represent that You have the authority to bind the entity to this agreement. Members who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the DiyTransport Services are for transportation services only and that work that You provide will only involve transportation services. You agree that You will not use your participation in the DiyTransport website as a means to sell or market any types of goods or products, unless specifically allowed by DiyTransport.
5. Shippers. You are responsible for reading all terms, conditions and tariffs published by TSPs (Transportation Service Providers), and when booking shipments on DiyTransport. You are agreeing to the TSPs terms, conditions and tariffs, and entering into a legally binding agreement with the TSP, unless the transaction is prohibited by law or by this Agreement. You acknowledge that, unless otherwise noted by the TSP, pick-up dates, delivery dates and transit times are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered (see Section 11 additional details). A TSP reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. IMPORTANT: DiyTransport does not screen or qualify TSPs for compliance with federal, state or local laws and regulations, including but not limited to broker compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). It is recommended that You confirm such compliance directly with the TSP before services are rendered by the TSP.
6. Transportation Service Providers. You must legally be able to transport the shipments You book through DiyTransport. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements TSPs agree that through the various products and features on DiyTransport that they are solely responsible for all aspects of services, pricing and terms they offer the shipper. Rates, services and terms are solely provided by the TSPs and not by DiyTransport. You understand and acknowledge that all shipment information is provided by other registered users and uShip has no control over or responsibility for the accuracy of this information. You are responsible for reading all of the shipment details and by booking shipments on DiyTransport you are entering into a legally binding agreement to complete the services as requested by the shipper.
7. Payments. As a part of the DiyTransport service members can make payments to one another in cases where DiyTransport Payments is available. DiyTransport Payments is not an escrow service and each individual member is solely in control of payments made through DiyTransport. DiyTransport has no control over the payments between members or the release of funds.
Shippers may be given up to three payment options at the time of booking with a TSP:
a) Full Pre-funded Payment: The shipper pre-funds their DiyTransport account with the total shipping price. In some cases the shipper is presented with a payment code and in some cases the payment is automatically released according to the agreed upon terms.
For shipments with a payment code, when delivery is completed the customer can release payment from their account or give the payment code directly to the TSP, which is the equivalent of making a non-reversible cash payment. TSPs can only ask for the payment code after the load is delivered when being paid through DiyTransport Payments. The shipper agrees that they will release the payment code to the TSP upon delivery of the shipment regardless of damages, delays or any other service level issue that might have occurred during transit. DiyTransport will make commercially reasonable efforts to ensure proper disposition of funds among shippers and TSPs. 365 days after the date of booking, if commercially reasonable efforts do not result in disbursement of funds, the funds associated with the transaction(s) in question become property of DiyTransport. If a shipper refuses to release the payment code, DiyTransport cannot release payment without the shipper’s consent under any circumstance. It is the responsibility of both the TSP and shipper to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of DiyTransport.
For pre-funded shipments without a payment code, You authorize uShip to release payment in accordance with the TSP’s payment terms. The funds are made available for withdrawal by the TSP’s uShip account when the payment is released or the code is submitted.
Terms and Conditions for Booked shipments Through DiyTransport.com
1. Pickup and delivery is “door-to-door”, unless residential area restrictions apply, or you agree to meet carrier at a more convenient location for a lower “cash-on-delivery” price (COD). If your vehicle(s) is inoperable or oversize (dual or over-size wheels, extra-large, racks, lifted, limo, etc.), please inquire as to extra charges, as they may cause an increase in price upon delivery to the carrier. If the carrier is not advised prior to pick- up of inoperable or over-sized vehicles, all extra charges must be paid in cash or money order made payable to the delivery company assigned, and due upon delivery. It is the client’s responsibility to make sure the vehicle(s) is in proper working order.
2. DIYTransport, Inc. agrees to have vehicle(s), as described on quotation, shipped on, or close to, the dates requested by the client(s). DIYTransport, Inc. will make every effort possible to ship vehicle(s) on the requested date, but can in no way guarantee an exact pick-up or drop-off date due to “Acts of God”, traffic, accidents, inclement weather, and other situations outside of our express control.
3. By signing this document, or clicking on the “I Agree to Terms and Conditions Below/Submit Order” button, you declare that you are the owner, or an authorized agent of the owner, and have authority to make decisions and arrangements for shipping the owner's vehicle(s). Client warrants that he or she is the legal owner of the vehicle(s), or that he or she has been duly authorized by the legal owner to enter into this agreement with DIYTransport, Inc.
4. Carrier’s responsibility begins when the client, or his authorized agent, signs the bill of lading at pick-up. Responsibility terminates when the client, or their agent, signs the bill of lading at delivery. DIYTransport, Inc. must be notified should the client be unavailable for pick-up or delivery, and his agent must be designated at that time. If a carrier is sent out and the vehicle(s) cannot be picked up for any reason at all, there will be an additional $150.00 rescheduling (dry-run) fee. All carriers are pre-screened, and are required to maintain between $100,000 and $250,000 in full-coverage insurance.
5. All vehicles that are delivered with an outstanding balance due shall be paid by CASH, MONEY ORDER, or CASHIER'S CHECK ONLY. Outstanding balance due shall be paid solely in US funds, and immediately upon delivery. In the case of off-shore shipments, or PRE-PAY shipments, the total balance must be paid both in full and in advance. Should delivery be attempted, after attempted notification (3- to 24-hours voice notification to phone numbers provided by client) if client, or his or her agent, does not have proper funds, or is unavailable to receive delivery, vehicle(s) may be taken to and left at the nearest terminal at the discretion of the driver; at which point the client, or agent for the client, will have to retrieve and pay for the storage, or pay a redelivery fee.
6. Client is responsible for preparing the vehicle(s) for transport. All loose parts, fragile or protruding accessories, low hanging spoilers, fog lights, antennas, etc., must be removed and/or properly secured. Any part that falls off in transit is the client’s responsibility, including damages done by said part to any and all vehicles involved. DIYTransport, Inc., or its agents, will not be responsible for vandalism or “Acts of God” (including, but not limited to: fire, flooding, hail, sandstorms, tornadoes, earthquakes, and objects flying from the road or sky during transport). Clients should maintain their own insurance for these reasons. DIYTransport, Inc., or its agents, will not knowingly transport vehicles with personal or household items in the passenger or trunk compartment. Federal regulation prohibits DIYTransport, Inc., or its agents, from doing so. If such items are shipped unbeknownst to DIYTransport, Inc., or its agents, such items become the sole responsibility of the client.
7. If damage should occur, all monies owed for transport must be paid to initiate claim. Damage must be noted in the proper place on the bill of lading, and signed by the driver and the client, regardless of weather or time of day. Signing the bill of lading without any notation of damage, or failing to sign the bill of lading upon receipt of the vehicle, verifies that the client, or his or her agent, has received the said vehicle in good condition, and that DIYTransport, Inc., and its agents, are relieved of any further responsibility. Client, or his or her agent, must check the vehicle thoroughly.
8. DIYTransport, Inc. must be notified of any damage by phone within 24 hours. Client must submit, in writing, a description of damage, clear pictures, and 2 estimates for repairs within 10 days of delivery directly to the designated carrier for any resolution to be initiated. DIYTransport, Inc. will support you in this effort should such a problem occur, but in no way will DIYTransport, Inc. accept responsibility for any negligence of the assigned carrier. If the client's vehicle is valued at above standard market value, then we suggest you purchase a special insurance rider. Such a rider may be provided by DIYTransport, Inc. or one of its agents.
9. Any claim or controversy arising from, or relating to, this agreement, or the performance or breach thereof, shall be subject to the jurisdiction of Mahoning County, Ohio. Client specifically waives any right to have this matter resolved in any other location. DIYTransport, Inc. can only be liable for up to the amount of the deposit located on your transport order. In no case can DIYTransport, Inc. be held liable for the designated carrier’s damage. DIYTransport, Inc. will provide carrier's insurance certificate and carrier information should a controversy arise.
10. Refund/Cancellation Policy: In the event that we are not able to get your vehicle(s) assigned to a carrier within the time frame allotted by the particular transport program chosen by the client, you have the option of keeping your order in an active status, and DIYTransport, Inc. will continue to make every effort to complete its obligations. The client also has the right of cancellation with no monies owed to DIYTransport, Inc. However, If you cancel before your first available pick-up date, or within designated pick-up window for the program chosen, a $75.00 dollar “cancellation/administrative” fee will be applied to the credit card on file, no other monies will be owed, and the order will be canceled. Once a carrier has been assigned for the pick-up and transport of the vehicle, at the agreed upon price between client and carrier, the client’s card will then be charged the agreed upon deposit for the program chosen by the client. If the client is determined to be “double-booked”, and posted on Central Dispatch with a company other than DIYTransport, Inc., then the client must have the other posting removed, and the pick-up window will re-initiate; or DIYTransport, Inc. has the right to cancel the order and charge the card on file a $75 double-booking fee. This all only applies for “Book Now” options
11. Program deposits and windows for pick-up are as follows:
a) DIY Program with “eBot- This is our “do it yourself option” and requires no money but a valid credit card on file. You many post your vehicle with eBot at 100 dollars below eBot’s suggested price. There is no expectation on a pick up window other than if you go with what eBot’s suggested price its general pick up window is within 1-7 days of the first available pick up date you post with eBot. If within that 7 day window eBot/DIY Transport, Inc. should find a driver at your posted price and you decide to cancel a 75 dollar cancelation charge will be applied to the credit card on file as DIY Transport, Inc. and eBot have done their job. If you should cancel at any time before a driver is assigned then there will be no cancelation charge at all. Once a match is made for this option at the price you post with eBot you can either pay DIY Transport, Inc. just the 99 dollar listing fee or you can pay the entire amount to eBot/DIY Transport, Inc. and we will pay the driver with certified funds or thru our secure online payment system..with this option a 5% surcharge will be applied to the total amount to balance our the Credit card fees. For cancelations if the customer cancels after a signed match is made they will lose 50 of the 99 dollars in which 10 of that 50 will go to the carrier to cover is 5 dollar accteptance fee plus another 5 dollars for the troubles..
b) “Book Now Option” – Standard- If you have chosen this option it’s expected to be picked up with in a 1-7 day (business days) window from the first date you list as available. With this option you have the option to pay the entire job amount in full at time of signing up and DIY Transport, Inc. will pay the carrier his money on deliver with either business check, money order, or our secure online payment system. You have the option (best value) to also pay a onetime deposit payment of 195 dollars at time of booking the transport and the balance to the driver on delivery either Cash, money order, or certified funds.
c) “Expedited Pick up Book Now – this is for a 1-48 hour (business Days M-F) pick up window from the first available you request it is ready. With this option the entire job amount is paid in full at time of scheduling. If the vehicle is not picked up within the 1-48 window DIY Transport will put our own money into the job till it is picked up or pay any storage fees as a result of the pick up being late or outside the 1-48 hour window.
12. PRICE MATCH GAURANTEE: DIYTransport, Inc. will match any price quoted by another “5-star” rated company on TransportReviews.com. The matched price is only valid for up to 5 days. If a carrier cannot be dispatched within the 5 days, the matched price will go up to the originally quoted price and at that time they can go with what we instant priced to begin with or cancel at no cost to the shipper.
13. This contract contains the entire agreement of the parties with respect to the shipments of the aforementioned vehicle. This contract supersedes any prior agreements, understandings, or negotiations between DIYTransport, Inc. and the client, whether written or oral. This contract can only be amended through a written document formally executed by all parties.
Chargebacks and Reversed Payments: In the event that a shipper successfully charges back a credit or debit card payment or reverses any other payment type, then DIYTransport will reverse the payment within the shipper and TSPs accounts and the shipment would then be treated as unpaid. If the TSP has already withdrawn funds then this may result in an overdrawn account and will be subject to collections per Section 9.e.4.
Unwarranted chargebacks or payment reversals initiated by DIYTransport members are prohibited and will result in the suspension of your DIYTransport account, and may result in DIYTransport pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a 3rd party collections agency. In the event that shipping services were not performed, all members must abide by the DIYTransport cancellation policy described in Section 11. The DIYTransport cancellation process ensures the integrity of the feedback system and accuracy of any refund.
There are situations where a chargeback may be warranted, such as when a member feels that their card or payment method has been charged fraudulently. Prior to any chargeback initiation, DIYTransport must be notified by the card holder so that DIYTransport may investigate the claim to determine if a chargeback is appropriate. A chargeback may not be filed as a replacement, or an addition to, a cancellation of a uShip transaction.
If an unwarranted chargeback of the shipper’s payment is initiated and accepted by the payment processor or other entity, DIYTransport reserves the right to charge the TSP for any costs associated with the chargeback. If a chargeback is accepted, the TSP becomes responsible for that invoiceable amount.
8. Pricing and Price Changes. DIYTransport does not set or control prices offered by shippers or TSPs. Quotes and offers shippers receive from TSPs are required to be all-inclusive based on the information shippers provide; however if the actual shipment characteristics are materially different than specified by the shipper and result in changes such as but not limited to equipment required, accessorial services required, all duties, customs assessments, governmental penalties and fines, taxes, and legal costs allocable to shipments, then TSPs may invoice a different amount than the original quote.
9. Fees. You are solely responsible for paying all fees incurred by any users of your account as well as all applicable taxes. Some features on DIYTransport require a payment method to be on file with DIYTransport. You authorize DIYTransport to charge any applicable fees to the payment method(s) You provide to us. DIYTransport reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on the DIYTransport website.
a. TSP Transaction Fees. All TSP transactions will be token based. 1 token = 1 dollar All TSP’s upon signup will receive up to 100 free tokens in their account that may be used for accepting loads. TSPs will be charged a base transaction fee of 5 Tokens per listed load or loads (base fees may be discounted for special programs) for shipments that are booked and completed through the DIYTransport Services. A valid credit card must be on file to accept any loads on the DIYTransport load board. Each load is 5 tokens to accept..The TSP can pay this or the broker listing the load may pay it for the TSP. In the event a TSP assesses additional charges than the original booked quote due to changes in the services provided, the fee will NOT Change from the 5 token Flat acceptance rate and any additional charges for additional services will be worked directly with the shipper or the broker listing the load and be reported to DIYTransport for final BOL thru the DIYTransport site. The more loads you accept the cheaper the acceptance rate gets for each load…Fee schedule and volume discounts are as follows:
- 5 Tokens per Load – 1 token = 1 dollars
- Every 5 loads that are accepted and successfully completed the TSP’s account will be credited 10 free tokens that can be used to accept more loads…so ex. If TSP has accepted and completed 50 load from the DIYTransport load board the TSP’s account will have been credited 100 free tokens. Tokens may be cashed out (expect free tokens awarded) like cash at any time thru the DIYTransport withdraw process connected to PAYPAL and the TSP bank account. A load accepted by a TSP is a load credited even if the broker decides to pay the 5 token acceptance fee…the TSP will be credited for that load and will count toward the volume discounts for a additional free tokens.
B. Penalty schedule for Cancelations. We understand cancelations will have to happen but also understand it just can’t be a free for all with no checks and balances or repercussions. Each carrier and broker will be allowed 1 free cancelation for every 10 loads booked with no penalties or fees. If a load is accepted it cost 5 tokens (5 dollars) That charge will never get refunded no matter who pays it the carrier or the broker…if a cancelation is made and the broker or the carrier has exceeded the 1 to 10 ration that are allowed a 5 dollar penalty will be charged to the person that causes the cancel and that penalty money ( 5 dollars= 5 tokens) will be charged to the cc on file or taken out of the account and put into the broker or carriers account that had to be canceled on. Ex. If a Carrier accepts a loads and pays the 5 tokens for the load then cancels the load 24 hrs later no only will he lose the 5 tokens ( 5 dollars ) but he will also get charged 5 more tokens and those tokens will be credited to the brokers account to which the load originated from and vice versa.
c) DIYTransport Payments and Withdrawal Fees.
There are no fees to receive payments via the uShip Payments program.
Fees may apply to withdraw from DIYTransport depending on the TSP’s selected withdrawal method.
1-4 business days
Free to withdraw to PayPal, fees to withdraw from PayPal vary.
Instant (withdrawal from PayPal may take 1-3 business days)
Activation and monthly fees waived for three months, a $15 value! It costs $2 to withdraw to your Payoneer card and is free to make purchases. Complete fee details
Up to 2 hours
$10.00 per check
5-7 business days (mail transit times may vary)
10. Authorization to Credit and Debit Accounts. As a shipper or TSP, You irrevocably and expressly authorize DIYTransport to credit any monies to the account that You have identified for DIYTransport. You agree that it is your responsibility to maintain a valid, credit card or bank account on file with us while engaging in activity with the DIYTransport Services. You agree that if You do not maintain a valid, credit card or bank account on file with us during any billing attempt, You may be subject to interest and penalties per Section 9.e.4. You expressly authorize DIYTransport to withhold any monies and/or debit any monies from any account that You have identified to DIYTransport for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to DIYTransport. We reserve our rights to all actions and remedies in connection with any monies owed to DIYTransport.
13. Bills of Lading. For certain shipments and for the convenience of the parties, DIYTransport generates an electronic and printable bill of lading utilizing the booking information provided by both parties for your use in tendering the shipment. The bill of lading issued in connection with each shipment is non-negotiable and shall be deemed, conclusively, to have been prepared by You, the shipper. The parties agree that DIYTransport does not issue the bill of lading and that DIYTransport is not a party to the bill of lading. For certain TSPs, a failure by the shipper to provide the bill of lading generated via DIYTransport to the selected TSP may result in the loss of the quoted rate. If the shipper makes changes to a shipment after booking, then the shipper is required to either make changes to the bill of lading or cancel the shipment and rebook with current information. TSPs shall have no obligation to honor rate quotes in any of the following instances: any alteration of the bill of lading, or tendering of shipments to any carrier other than the selected TSP, or the use of a bill of lading not generated via the DIYTransport platform. These terms and conditions apply when using the Standard Bill of Lading available on DIYTransport.
14. Carrier Cargo Claims and Carrier Limitations of Liability. As a neutral venue, DIYTransport does not set terms specific to carrier cargo liability. Except where otherwise provided by the carrier via the DIYTransport platform, the carrier liability for any cargo damage, loss, or theft from any cause shall be determined under the presiding, applicable law. All cargo claims should be submitted immediately by the shipper to the selected TSP to help ensure timely resolution, and DIYTransport shall have no liability or responsibility for same. The shipper may not offset freight or other charges against claims for any loss, damage, mis-delivery, or non-delivery. Where provided by the carrier through DIYTransport, the liability for cargo loss offered will be determined by individual carrier’s governing General Rules Tariff or terms and conditions in effect at the time of shipment. If a shipment contains freight with a pre-determined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability for cargo loss. The maximum amount that a shipper may recover on a cargo claim will be that which is recoverable under the carrier’s published liability limits and/or tariffs. The shipper agrees that by booking a shipment on DIYTransport they have been afforded a choice of reasonable liability rates for the protection of all freight shipped, and has voluntarily chosen the released rates and limits published by carriers through the platform.
15. DiyTransport and AFTA Cargo Gap - Insurance.
16. Information You Submit. You solely are responsible for any information You provide to us or other users in the registration, shipping, transportation process, or any other use of our Services. Your personal information and any shipment listings must be true, legal, accurate, and non-fraudulent. You authorize DiyTransport to use the information You supply to us in connection with our Services and in accordance with this Agreement. You acknowledge and agree that our Services act as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that You may post to the DiyTransport Services that is in violation of this Agreement, illegal, threatening, or lewd. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
Furthermore, You expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that You post on DiyTransport (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to DiyTransport a royalty free, transferable, worldwide, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that You have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
Will not violate any international, federal or state law, regulation, rule, or statute;
Will not violate the terms of this Agreement;
Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;
Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
Will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about DiyTransport employees, agents, other members, or any of the DiyTransport Services;
Will not knowingly contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our Services, operation of any of our systems, and/or create or impose a large burden or load on our Services;
Will not scan or test the vulnerability or security of our Services or the system within which our Services operate;
Will not be used for commercial or public purposes outside of the requirements of this Agreement;
Will not knowingly create liability for DiyTransport through your use of the DiyTransport website
Will not frame or link to our Services without our written permission; and
Will not knowingly involve the upload, or insertion of, any programming language or code into or onto our Services.
17. Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to You or You may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("DiyTransport Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use DiyTransport Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, You acknowledge that DiyTransport information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
18. Taxes. You are solely responsible for any and all taxes, levies, charges and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by DiyTransport. All fees stated for use our Services are net of any applicable taxes.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You.
18. Indemnity. You agree to indemnify and hold DiyTransport and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.
19. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the DiyTransport Service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
20. Arbitration. Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by DiyTransport to collect our fees and/or recover damages for, or obtain an injunction relating to, the DiyTransport operations, intellectual property, and our Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Austin, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
21. Trademark and Domain Name Protection. The DiyTransport Services contain trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by DiyTransport. Unless otherwise agreed to in an Addendum to this Agreement, You agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and You shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the DiyTransport Services without express written consent. You may not use any meta tags or any other "hidden text" utilizing DiyTransport’s name or trademarks without the express written consent of DiyTransport. You shall not use or register any domain name that is identical to or similar to any of the Marks.
22. Security. DiyTransport uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers (SSL). We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Services can be interrupted by numerous factors outside of our control.