HITCH Partner Carrier Terms of Service
Last Updated: September 29, 2022
Last Updated: September 29, 2022
By clicking “I accept” or “I agree” or using the RunBuggy HITCH application or related RunBuggy website, application programming interface, or technology platform (collectively, the “RunBuggy Service”), you agree to these HITCH Partner Carrier Terms of Service (the “Agreement”), which is a binding contract between you and RunBuggy OMI, Inc. (“RunBuggy,” “we,” “us,” or “our”) that sets forth the general terms and conditions of your use of the RunBuggy Service.
By accessing or using the RunBuggy Service, you agree to the terms of this Agreement, and represent that you: (i) have read and understood the terms; and (ii) agree to use the RunBuggy Service in compliance with this Agreement and all applicable local, state, national, and international laws and regulations. You may not use the RunBuggy Service if you do not agree to the terms of this Agreement.
RunBuggy may need to make changes to this Agreement from time to time, typically to conform to current practices, comply with changing regulatory requirements, or other similar purposes. If we modify this Agreement in a manner that materially changes the terms or scope of the RunBuggy Service, we will make reasonable efforts to notify you by posting of an updated version of the Agreement within the RunBuggy Service and/or via email. Your continued use of the RunBuggy Service after reasonable notice of such changes shall constitute your consent to the changes.
THIS AGREEMENT INCLUDES A DISPUTE RESOLUTION PROVISION IN SECTION 17 THAT REQUIRES ARBITRATION OF DISPUTES AND WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
RunBuggy HITCH is a cloud-based transportation management system enabling those seeking to have vehicles transported (each, a “Shipper”) to: (i) manage their captive fleet of vehicles via the Private Fleet Management Module (“PFMM”); (ii) manage their contracted third-party vehicle carriers (“Partner Carriers”) via the Partner Management Module (“PMM”); and (iii) access the RunBuggy MARKETPLACE (“RMP”), an online marketplace platform where Shippers can connect with vehicle carriers who provide transportation services (“MARKETPLACE Carriers”) and self-arrange for transportation. Transportation services provided by Partner Carriers to Shippers (collectively, “User or Users”) shall be referred to collectively as the “Transport Services.”
By using the RunBuggy Service in your provision of Transport Services you assume all obligations related thereto, including compliance with all applicable federal, state and local laws, statutes, rules, ordinances, and regulations (“Applicable Laws”). THE PROVISION OF TRANSPORT SERVICES IS SOLELY THE RESPONSIBILITY OF THE PARTNER CARRIER WITHOUT ANY DIRECT OR INDIRECT RESPONSIBILITY OR LIABILITY TO RUNBUGGY.
You must legally be able to provide the Transport Services and agree that it is your sole obligation to comply with all Applicable Laws that may apply including all local, state, and federal licensing requirements. Partner Carriers agree that they are solely responsible for all aspects of the Transport Service, which is solely provided by the Partner Carrier and not by RunBuggy. You understand and acknowledge that all shipment information is provided by other Users and RunBuggy has no control over or responsibility for the accuracy of this information. You are responsible for reading all shipment details, and represent and warrant that you have entered into a legally binding agreement with the Shipper to complete the Transport Services as requested by the Shipper. You further agree that, should any conflict exist between this Agreement and any contract you have with the Shipper, this Agreement shall control with respect to your provision of Transport Services.
FMCSA and State Laws. The Federal Motor Carrier Safety Administration (“FMCSA”), part of the U.S. Department of Transportation, requires that all Partner Carriers handling interstate shipments register with it and provide certain information. You can determine the registration and safety statutes applicable to you at www.fmcsa.dot.gov and by consulting your legal counsel. Certain Transport Services may involve movements only within one state. Several states have statutes and regulations pertaining to such intrastate transportation. We suggest you check with the applicable state’s Department of Transportation and your legal counsel to determine application of such state’s law and regulations to you and the provision of Transport Services by you.
RUNBUGGY IS NOT A MOTOR CARRIER UNDER 49 USC §13102(14) OR ANY OTHER STATE OF FEDERAL REGULATION. RUNBUGGY IS NOT A BROKER UNDER 49 USC §13102(2), 49 CFR §371.2(a), OR ANY OTHER STATE OF FEDERAL REGULATION. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT OR DOCUMENT SHALL BE CONSTRUED TO IMPLY THAT RUNBUGGY IS A MOTOR CARRIER OR BROKER.
RunBuggy is not a party to any agreement for Transport Services or other agreement made between Users in connection with the RunBuggy Service. As a result, RunBuggy has no control over the quality, safety, or legal aspects of the Transport Services or the transactions between Users regardless of use of the RunBuggy Service. RunBuggy does not endorse, recommend, or refer any specific Partner Carrier or, nor does RunBuggy have any control or influence over actions or decisions made by users of the RunBuggy Service. All users of the RunBuggy Service make their own decisions and you acknowledge and agree that we are not in any way arranging transportation services on your behalf. Because we are not involved in the actual transaction between Shippers and Partner Carriers, we have no control over the accuracy of listings, the ability of Partner Carriers to transport items, or the ability of Shippers to send items. We cannot ensure the Shipper or Partner Carrier will complete a shipment. We cannot and do not guarantee the ability of Users to complete or fulfill any services booked through the RunBuggy Service. RunBuggy is not responsible for the conduct, whether online or offline, of any User of the RunBuggy Service or Services. You are solely responsible for your interactions with other Users.
You acknowledge and agree that all communications, correspondence, verbal or written or by electronic means, or any warranties or representations made with regard to the arrangement of the Transport Services are not provided by us and are specifically and solely between you and the other User. Opinions, advice, statements, offers, or other information or content concerning RunBuggy or made available through the RunBuggy Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
For the convenience of the parties to a shipment, the RunBuggy Service 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 the Shipper. The parties agree that RunBuggy does not issue the bill of lading and that RunBuggy is not a party to the bill of lading (the presence of the RunBuggy name and RunBuggy Trademarks on the bill of lading reflect only that the RunBuggy Service was used by the Shipper and Partner Carrier to manage the shipment). 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.
IMPORTANT: RunBuggy does NOT screen or qualify Partner Carriers, including for compliance with any federal, state, or local statutes, laws, rules, ordinances, and regulations.
Partner Carriers must register and create an account to access and use the RunBuggy Service. Individual authorized representatives of Partner Carriers who register and create an account on the RunBuggy Service, register as “peer users” on the RunBuggy website, or otherwise use the RunBuggy Service are collectively referred to herein as “Users,” “you,” “your” and the like. Agreements and statements by you hereunder are on behalf of and bind you and the respective Partner Carrier or Partner Carrier you represent.
By choosing to register for the RunBuggy Service, you agree to: (i) create and register only one account; (ii) access and use the RunBuggy Service using only the one account; (iii) provide RunBuggy with true, accurate, current, and complete user information about yourself; and (iv) abide by a continuing obligation to notify and correct with RunBuggy any incomplete, false, inaccurate, misleading, or out-of-date user information. Complete user information about yourself includes, but is not limited to, mandatory fields designated by all account creation or registration form(s) provided through the RunBuggy Service.
Subject to your performance of all the provisions of this Agreement RunBuggy hereby grants you a limited, terminable, personal, non-exclusive license to access and use the RunBuggy Service solely to provide Transport Services via the PMM as a Partner Carrier under separate contract with a Shipper and as otherwise provided herein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with RunBuggy. Your right to use the RunBuggy Service is not transferable. You agree to use the RunBuggy Service in accordance with all Applicable Laws.
NOTE: You are not licensed, authorized, or otherwise permitted to access the RMP as a MARKETPLACE Carrier until and unless you create an account and are onboarded as a MARKEPLACE Carrier via runbuggy.com. Your subsequent access and use of the RMP shall be governed by the RunBuggy Terms of Service.
You are responsible for: (i) maintaining the confidentiality of all usernames you use to access the RunBuggy Service; and (ii) all activities that occur in your account and under your username and/or IP address (“Account Credentials”). Allowing others to access or use the RunBuggy Service with your Account Credentials is strictly prohibited and you are responsible for all uses of the RunBuggy Service associated with your account, whether the use is made by you personally or by a third party. Each User agrees to: (i) immediately notify RunBuggy of any unauthorized use of such User’s account or Account Credentials, or any other breach of security; and (ii) ensure that you exit from your account at the end of each session when accessing the RunBuggy Service. RunBuggy will not be liable for any loss or damage arising from your failure to comply with this Section.
6.1 Transport Service Pricing. Fees for the Transport Services you provide to Shippers via the PMM (“Charges”) are established by and between you and each Shipper, not RunBuggy. You agree that you have entered a valid and enforceable contract with each Shipper for which you will provide Transport Services under this Agreement that include, at a minimum, terms establishing pricing and payment obligations governing your provision of such Transport Services. The RunBuggy Service may display such Charges prior your claiming of a transport order. You agree that RunBuggy, however, is not a party to such contracts and is not obligated to comply with any terms set forth therein.
6.2 Partner Carrier Pricing Data. You hereby grant RunBuggy and its third-party vendors a non-exclusive, royalty-free, fully paid-up, and worldwide license to access, copy, display, transmit, upload, perform, distribute, store, modify, record, view, print, and otherwise use data and information relating to the shipment pricing and payment terms between you and Shippers (“Partner Carrier Pricing Data”) as necessary for RunBuggy to provide and maintain the RunBuggy Service in accordance with this Agreement. RunBuggy agrees that: (i) it obtains no right, title, or interest in Partner Carrier Pricing Data other than as specifically set forth herein; (ii) Partner Carrier Pricing Data comprises confidential information; and (iii) it may only use Partner Carrier Pricing Data to provide you and Shippers access and use of the RunBuggy Service as contemplated herein, and not for any other purpose competitive with Partner Carriers including, but not limited to, informing RunBuggy product or service pricing.
7.1 Relationship with RunBuggy. You and RunBuggy expressly agree that: (i) this is not an employment agreement and does not create an employment relationship between you and RunBuggy; and (ii) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind RunBuggy, and you shall not to hold yourself out as an employee, agent, or authorized representative of RunBuggy. RunBuggy does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Transport Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the RunBuggy Service. RunBuggy does not, and shall not be deemed to prescribe specific dates, times of day, or any minimum number of hours for you to utilize the RunBuggy Service. You retain the option to accept, decline, or ignore a Shipper’s request for Transport Services. RunBuggy does not, and shall not be deemed to, require you to accept any specific request for Transport Services as a condition of maintaining access to the RunBuggy Service. You acknowledge and agree that you have complete discretion to provide Transport Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Transport Services to other companies, and that RunBuggy does not, and shall not be deemed to, restrict you from engaging in any such activity.
7.2 Licensing and fitness to operate. You and/or the drivers utilized by you possess a valid commercial driver’s license and are authorized and medically fit to operate a commercial motor vehicle and have all appropriate licenses, approvals, and authority to provide Transport Services in all jurisdictions in which you provide such services.
7.3 Vehicle ownership and safety. You and/or the drivers utilized by you own, or have the legal right to operate, the commercial vehicle you use when providing Transport Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
7.4 Load securement. You and/or the drivers utilized by you are solely responsible for ensuring that all cargo and related equipment has been properly loaded, secured, blocked, and braced, and properly unloaded, unsecured, unblocked, and unbraced when delivered. This responsibility extends to and includes your hiring or use of any third-party to move or reposition cargo prior to it being loaded on your transport vehicle and/or unloaded at the delivery location. You acknowledge that RunBuggy will never be in possession of any cargo being transported in connection with your use of the RunBuggy Service or the Transport Services you provide, and that RunBuggy will not be responsible or have any role in the securement of cargo for transportation.
7.5 Driving behavior. You and/or the drivers utilized by you will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Transport Services, provide Transport Services as a Partner Carrier while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the RunBuggy community or third parties. When using the RunBuggy Service on a mobile device and/or the RunBuggy mobile application, you shall: (i) observe all traffic laws and otherwise drive safely; (ii) use your good personal judgment while driving; (iii) not interact with the app, unless your vehicle is stationary and legally parked; and (iv) not use the RunBuggy Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes.
7.6 No misrepresentations. Neither you nor any person in your control or service will make any misrepresentation regarding RunBuggy, the RunBuggy Service, the Transport Services, or your status as a Partner Carrier.
7.8 Insurance requirements. You shall procure and maintain insurance coverages in compliance with your contracts with each Shipper to which you provide Transport Services.
7.9 Tax responsibility. You will pay all applicable federal, state, and local taxes, levies, charges, and fees payable to any taxing authority (“Applicable Taxes”) based on your provision of Transport Services and any payments received by you.
7.10 Personal Information. You and/or the drivers utilized by you will keep confidential any consumer, individual, or household personal information protected by any Applicable Laws, rules, or regulations that protect the privacy rights of consumers, individuals or households, including, without limitation, nonpublic personal information (as defined in the Gramm-Leach-Bliley Act and its implementing regulations), obtained in the course of providing, or in connection with providing, any Transport Services to any Shipper (collectively, “Personal Information”), and shall only use and disclose such Personal Information to provide the Transport Services to such Shipper, and you shall take commercially reasonable steps to safeguard and protect such Personal Information from any unauthorized access or disclosure. You will comply with all Applicable Laws with respect to such Personal Information. Shippers are third party beneficiaries of this paragraph. In the event a dispute arises between you and a Shipper with respect to this paragraph, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.
7.13 Responsibility for damages. As between you and RunBuggy, you agree you are responsible for any damages caused by or related to your provision of Transport Services, and you agree to indemnify RunBuggy for claims related to your provision of Transport Services as set forth in Section 16 below. Exclusions, limitations, gaps, coverage limits, and/or claim denials in or under your insurance coverage shall not exonerate you from your responsibilities, obligations, and liability under this Section.
You are responsible for obtaining Internet access to use the RunBuggy Service. While RunBuggy makes reasonable efforts to ensure the availability of the RunBuggy Service, you acknowledge that it may be unavailable for limited periods of time due to scheduled routine maintenance, emergency maintenance, or factors beyond RunBuggy’s control, such as disruptions of Internet services or unforeseen threats to the integrity or security of the RunBuggy Service. RunBuggy may at any time, with or without notice to you: (i) restrict the use and accessibility of the RunBuggy Service; (ii) discontinue, temporarily or permanently, any feature of the RunBuggy Service; and/or (iii) replace any feature of the RunBuggy Service with a new, revised, or updated feature. RunBuggy will make reasonable efforts to provide Users notice of significant changes to the RunBuggy Service whenever reasonably feasible.
9.1 General. You acknowledge and agree that the RunBuggy Service contains content or features (“Service Content”) that are protected by intellectual property rights, including, as applicable, copyright, patent, trademark, trade secret, or other proprietary rights and laws. The Service Content and all technology and software underlying the RunBuggy Service or distributed in connection therewith (the “Software”) are the property of RunBuggy, our affiliates, and our partners. Any rights not expressly granted herein are reserved by RunBuggy. You further agree that the functionality and features of the RunBuggy Service represent valuable proprietary materials owned by RunBuggy. By having access to the RunBuggy Service, you agree that you shall not study or analyze the RunBuggy Service or otherwise use the RunBuggy Service for creating and using another Internet transport marketplace or finding service.
9.2 Trademarks. The RunBuggy name and logos are trademarks and service marks of RunBuggy (“RunBuggy Trademarks”). Other RunBuggy, product, and service names and logos used and displayed via the RunBuggy Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to RunBuggy. Nothing in this Agreement or the RunBuggy Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of RunBuggy Trademarks displayed on the RunBuggy Service, without our prior written permission in each instance. All goodwill generated from the use of RunBuggy Trademarks will inure to our exclusive benefit.
9.3 Third-Party Content. Under no circumstances will RunBuggy be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. Without limiting the foregoing, RunBuggy and its designees will have the right to remove any content that violates this Agreement or is deemed by RunBuggy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, appropriateness, or usefulness of such content. With respect to the content you upload through the RunBuggy Service or share with other Users (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
9.4 Trade secrets. Except for those already in the public domain, the algorithms, methods, functions, and architecture underlying the Software and not expressly exposed to the user under a license to access and use the RunBuggy Service are original, commercially valuable, outside scope of public knowledge, and are subject to the reasonable efforts of RunBuggy to maintain their confidentiality. As such, the algorithms, methods, functions, and architecture underlying the Software constitute trade secrets and are protected by applicable law. Therefore, any access or attempt to gain access to such algorithms, methods, functions, and architecture constitutes an actionable violation of applicable law, according to which RunBuggy is entitled to recover.
9.5 User suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of RunBuggy. RunBuggy shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby grant to RunBuggy an irrevocable, worldwide, perpetual, royalty-free, fully paid-up, transferable, sublicensable, non-exclusive license: (i) to copy, display, transmit, upload, perform, distribute, store, modify and otherwise use all your personal and biographical content entered into the RunBuggy Service, including your name, likeness and photographs, as the case may be, as well as any other content or submissions, images, information, data, text, graphics, messages or other materials entered into the RunBuggy Service, as necessary for us to operate the RunBuggy Service; and (ii) to use and display general statistical information about you, such as ratings about you and, if applicable, your Transport Services, submitted by other Users, incident to the operation of the RunBuggy Service. Subject to RunBuggy’s obligations under its Privacy Notice, you are solely responsible for any personal information you upload into the RunBuggy Service, including, but not limited to, address, phone number, email address, or other similar information and for your interactions with other Users and members of the public, and we act only as a passive conduit for your online posting of your information. You agree to provide and maintain accurate, current, and complete information and that we and other Users and members of the public may rely on your information as accurate, current and complete.
RunBuggy will collect, process, and use your personal information in accordance with the RunBuggy Privacy Notice.
You agree not to use any technical, financial, strategic, or other proprietary or confidential information relating to RunBuggy’s business, operations, or properties, including User information (“Confidential Information”) disclosed to you by RunBuggy for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of RunBuggy to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to RunBuggy with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by RunBuggy or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of RunBuggy; becomes known to you, without restriction, from a source other than RunBuggy without breach of this Agreement by you and otherwise not in violation of RunBuggy’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to RunBuggy to enable RunBuggy to seek a protective order or otherwise prevent or restrict such disclosure.
You agree to not use the RunBuggy Service to:
RunBuggy reserves the right to investigate and take appropriate legal action against anyone who, in RunBuggy’s sole discretion, violates this provision, including without limitation, removing the offending content from the RunBuggy Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
The information contained in Transport Service requests is confidential and intended only for the use of the Partner Carrier to whom it was directly addressed. Any unauthorized disclosure, copying, distribution, or taking of any action in reliance on the contents of email materials or a Transport Service request not addressed to you is strictly prohibited. RunBuggy may act in reliance upon any content you upload or action you take on the RunBuggy Service. RunBuggy will not be required to inquire into the truth or evaluate the merits of any content or action you take on the RunBuggy Service. RunBuggy reserves the right to keep all records of all transactions and communications between you and other Users for administrative purposes in accordance with Applicable Laws.
YOUR USE OF THE RUNBUGGY SERVICE IS AT YOUR SOLE RISK. THE RUNBUGGY SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RUNBUGGY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE RUNBUGGY SERVICE AND THE TRANSPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR THAT THE RUNBUGGY SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE RUNBUGGY SERVICE AND/OR THE TRANSPORT SERVICES, INCLUDING THE ABILITY TO PROVIDE OR RECEIVE TRANSPORT SERVICES AT ANY GIVEN LOCATION OR TIME. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS OR USE OF THE RUNBUGGY SERVICE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RUNBUGGY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RUNBUGGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE RUNBUGGY SERVICE; (II) ANY TRANSPORT SERVICES ARRANGED USING THE RUNBUGGY SERVICE AND THE RESULT OR FAILURE OF SUCH TRANSPORT SERVICES; (iii) THE COST OF PROCUREMENT OF ALTERNATIVE TRANSPORT SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF USERS OR ANY THIRD PARTY ON THE RUNBUGGY SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE RUNBUGGY SERVICE. IN NO EVENT WILL RUNBUGGY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID RUNBUGGY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RUNBUGGY SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE RUNBUGGY SERVICE
You will defend, indemnify, and hold RunBuggy, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the RunBuggy Service and participation in the Transport Services, including: (i) your breach of this Agreement or the documents it incorporates by reference; (ii) your violation of any law or the rights of a third party, including, without limitation, Carriers, Shippers, other motorists, and pedestrians, as a result of your own interaction with such third party; (ii) any allegation that any materials that you submit to us or transmit through the RunBuggy Service or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (iv) your ownership, use or operation of a motor vehicle, including your provision of Transport Services as a Partner Carrier; (v) any allegation that RunBuggy is obligated for the payment of wages, expenses, benefits, taxes, or any other employer obligation with respect to any person employed by or otherwise utilized by User in the course of receiving or providing Transportation Services; and/or (vi) any other activities in connection with the RunBuggy Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. Shippers are third party beneficiaries of this paragraph.
To the extent allowed by Applicable Law, all disputes, claims, or controversies arising out of or relating to this Agreement or the RunBuggy Service that are not resolved by mutual agreement shall be exclusively resolved by binding arbitration to be conducted before JAMS, or its successor.
Unless otherwise agreed by the parties, arbitration will be held in Phoenix, Arizona before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award either party any damages in excess of the limitation on actual compensatory, direct damages set forth in above. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding, to the extent the same is permitted by law. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Any arbitrator shall be a retired judge of any court in Arizona and experienced in commercial transactions. Resolution of the claim or dispute shall be based solely upon the substantive law governing the claims and defenses pleaded, the arbitrator shall apply the laws of the State of Arizona and shall be required to follow such law. The arbitrator may not invoke any basis other than such controlling law. The award shall be in writing, signed by the arbitrator, and shall include a statement setting forth the reasons for the disposition of any claim. The award shall include findings of fact and conclusions of law. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration Section will be enforceable in any court of competent jurisdiction.
You understand and agree that you and RunBuggy may each bring claims in arbitration against the other only in an individual capacity and not on a class, collective action, or representative basis (“Class Action Waiver”). You understand and agree that you and RunBuggy both are waiving the right to pursue or have a dispute resolved as a plaintiff or class member in any purported class, collective or representative proceeding, except where such waiver is prohibited by Applicable Law. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis.
Notwithstanding any other provision of this Agreement, the JAMS rules or otherwise, disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.
In any case in which: (i) the dispute is filed as a class, collective, or representative action; and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
Your use of the RunBuggy Service is subject to U.S. or international control or export laws and regulations (“Export Laws”). You agree to strictly comply with all such Export Laws, as may be required. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You will indemnify and hold RunBuggy harmless from all claims, losses, liabilities, damages, fines, penalties, costs, and expenses (including, but not limited to, attorney’s fees) arising from or relating to any breach by you of your obligations under this Section.
You agree that RunBuggy, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the RunBuggy Service and remove and discard any content within the RunBuggy Service, for any reason, including, without limitation, for lack of use or if RunBuggy believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the RunBuggy Service, may be referred to appropriate law enforcement authorities. RunBuggy may also in its sole discretion and at any time discontinue providing the RunBuggy Service, or any part thereof, with or without notice. You agree that any termination of your access to the RunBuggy Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that RunBuggy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the RunBuggy Service. Further, you agree that RunBuggy will not be liable to you or any third party for any termination of your access to the RunBuggy Service. Upon any termination of this Agreement, all provisions herein which are intended to survive to give meaning to their terms shall survive any termination or lapse of this Agreement, including, but not limited all definitions, disclaimers, indemnification obligations, limitation of liabilities, and general terms.
Please contact us at email@example.com to report any violations of this Agreement or to pose any questions regarding this Agreement or the RunBuggy Service.