Last Updated June 29, 2019
These Terms of Service constitute a legally binding agreement (“Agreement”) between you and RunBuggy OMI, LLC, a California limited liability company (“RunBuggy,” “we,” “us” or “our”) governing your use of the RunBuggy website and services therein (collectively, the “RunBuggy Service”).
This Agreement sets forth the terms under which a you may utilize the RunBuggy Service. Your use of the RunBuggy Service is subject to this Agreement, as may be modified or updated by RunBuggy from time to time, effective upon posting of an updated version of the Agreement at www.runbuggy.com/terms RunBuggy will provide you with a notice of any such modifications or updates via email and you are responsible for regularly reviewing the Agreement. Continued use of the RunBuggy Service after any such modifications or updates shall constitute your consent to such changes.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO CREATE YOUR ACCOUNT. BY CLICKING ON THE “ACCEPT” BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “ACCEPT” BUTTON AND DISCONTINUE YOUR REGISTRATION TO THE RUNBUGGY SERVICE.
ONLY PERSONS OF LEGAL AGE CAN ACCEPT THIS AGREEMENT AND CREATE AND/ OR AUTHORIZE AN ACCOUNT TO USE THE RUNBUGGY SERVICE.
By using the RunBuggy Service to order or deliver 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 TRANSPORTER WITHOUT ANY DIRECT OR INDIRECT RESPONSIBILITY OR LIABILITY TO RUNBUGGY.
The RunBuggy Service.
The RunBuggy Service provides a marketplace where businesses seeking to have vehicles transported to or from persons or other businesses, including finance companies, leasing and rental companies, car dealerships and vehicle auctions (each, a “Dealer”) can be connected with vehicle carriers who provide transportation services (“Transporters”). Individual authorized representatives of Transporters and Dealers who register and create an account on the RunBuggy Service and who register as “peer users” on the RunBuggy website are collectively referred to herein as “Users”, “you”, “your” and the like. For purposes of this Agreement, the transportation services provided by Transporters to Dealers that are matched through the RunBuggy Service shall be referred to collectively as the “Transport Services”. Any decision by a User to offer or accept Transport Services is a decision made in such User’s sole discretion. Each Transport Service provided by a Transporter shall constitute a separate agreement between such persons.
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 prequalify or validate the claims of Transporters including with respect to their licensure, insurance and registration, nor does RunBuggy prequalify or validate the claims of brokers including those related to compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). RunBuggy does not endorse, recommend or refer any specific Transporter or shipper, nor does RunBuggy have any control or influence over actions or decisions made by users of the service. All users of the RunBuggy platform 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 Transporters, we have no control over the accuracy of listings, the ability of Transporters to transport items, or the ability of shippers to send items. We cannot ensure the shipper or Transporter will actually complete a shipment. We cannot and do not guarantee the ability of Users to complete or fulfill any services booked through the RunBuggy platform. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any User’s identity. Any identity verification methods we employ are strictly for the benefit of RunBuggy and should not be relied upon by our Users. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations made with regard to the arrangement of transportation services are not provided by us and are specifically and solely between You and the other User.
For the convenience of the parties to a shipment, RunBuggy 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 Dealer. The parties agree that RunBuggy does not issue the bill of lading and that RunBuggy is not a party to the bill of lading (regardless of the presence of the RunBuggy name or RunBuggy Trademarks on such bill of lading). If the Dealer makes changes to a shipment after booking, then the Dealer is required to either make changes to the bill of lading or cancel the shipment and rebook with current information. Transporters 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 Transporter, or the use of a bill of lading not generated via the RunBuggy Service.
Dealers. You are responsible for reading all terms, conditions, and tariffs published by Transporters when booking shipments on RunBuggy. You are agreeing to the Transporter’s terms, conditions, and tariffs; and entering into a legally binding agreement with the Transporter, unless the transaction is prohibited by law or by this Agreement. You acknowledge that, unless otherwise noted by the Transporter, pick-up dates, delivery dates, and transit times are estimates only and are not guaranteed. A Transporter 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: RunBuggy does not screen or qualify Transporters for compliance with federal, state or local statutes, laws, rules, ordinances 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 Transporter before services are rendered by the Transporter.
Transporters. You must legally be able to transport the shipments You book through RunBuggy. You agree that it is your sole obligation to comply with all Applicable Laws that may apply including any and all local, state, and federal licensing requirements. Transporters agree that, through the various products and features on RunBuggy, they are solely responsible for all aspects of services, pricing, and terms they offer the Dealer. Rates, services, and terms are solely provided by the Transporters and not by RunBuggy. You understand and acknowledge that all shipment information is provided by other registered users and RunBuggy 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 the RunBuggy Service, You are entering into a legally binding agreement to complete the services as requested by the Dealer.
FMCSA and State Laws.
The Federal Motor Carrier Safety Administration (“FMCSA”), part of the U.S. Department of Transportation, requires that all Transporters 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. A number of 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.
Access and Use.
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; (iv) not use the RunBuggy Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes.
User Account, Password and Security.
You are responsible for maintaining the confidentiality of all RunBuggy Service username(s) and password(s) that you create and are fully responsible for all activities that occur under your username and password. Each User agrees to (a) immediately notify RunBuggy of any unauthorized use of such User’s username and password or any other breach of security, and (b) 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.
Use of 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 as 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 will use the RunBuggy Service in accordance with all Applicable Laws. RunBuggy may (but is not required to), without notice, terminate your access to the RunBuggy Service or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect RunBuggy’s networks, information and the security and integrity of the RunBuggy Service or if we determine that you are misusing the RunBuggy Service or otherwise violating the terms of this Agreement.
License to Use Your Information.
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. You are solely responsible for any personal information uploaded 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.
Conditions of Use.
You are solely responsible for all content that you upload or email or otherwise use via the RunBuggy Service. The following are examples of the kind of content and/or use that is illegal or prohibited by RunBuggy. 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. You agree to not use the RunBuggy Service to:
Any violation of the foregoing is grounds for immediate termination of access to the RunBuggy Service and this Agreement.
The information contained in Transport Service requests is confidential and intended only for the use of the Transporter to whom it was directly addressed. Any unauthorized disclosure, copying, distribution or taking of any action in reliance on the contents of the e-mail 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 any and all transactions and communications between You and other Users for administrative purposes in accordance with all Applicable Laws.
Charges, Fees, Payments.
Transportation Service Pricing. By accepting this Agreement and utilizing the RunBuggy Service, you agree to the Charges set forth based upon RunBuggy’s charge schedule at the time of ordering Transport Services, that such Charges are commercially reasonable, consistent with market conditions, and in line with pricing You would generally offer or accept for that Transport Service. RunBuggy reserves the right to change the Charge schedule at any time, in our discretion, based upon local market factors, and we will provide you with notice in the event of changes to the base fare, per mile, and/or per minute amounts that would result in a change in the applicable Charges. Your continued use of the RunBuggy Service after the effective date of such change to the Charge schedule you agree to such revised Charge schedule and any other changes to this Agreement.
Obligation to Pay Charges. When you use the RunBuggy Service to complete an order for Transportation Services you will be directed to our third-party payment processing service’s portal for fulfillment of the applicable Charges. You hereby represent and warrant that (i) the credit card and banking information supplied to the third-party payment processor is true, correct and complete, (ii) payments for Charges made by you (including any Authorized Auction) will be honored by your credit card company or depositary financial institution and (iii) you shall pay for all Charges made under your account credentials using the RunBuggy Service.
RunBuggy Service Fee. If you are a Transporter, you agree that RunBuggy may retain a fee based on each Transportation Service you provide (the “RunBuggy Service Fee”). The amount of the applicable RunBuggy Service Fee is set forth on the RunBuggy Service. RunBuggy reserves the right to change the RunBuggy Service Fee at any time in RunBuggy’s discretion based upon local market factors, and RunBuggy will provide you with notice in the event of such change. Continued use of the RunBuggy Service after any such change in the RunBuggy Service Fee calculation shall constitute your consent to such change.
Transporter Payments. If you are a Transporter, you will receive payment for your provision of Transportation Services through RunBuggy’s third-party payment processing service. All Charge payments are subject to a RunBuggy Service Fee. All such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.
Dealer Charges. If you use the RunBuggy Service as a Dealer, you agree to pay all charges for Transport Services placed by Users on the RunBuggy Service (“Charges”). Charges include the transport fee and other applicable fees, tolls, surcharges, and taxes as set forth on the applicable RunBuggy order. You are responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Authorized Auctions. In certain situations, RunBuggy maintains relationships with third party auctions who use RunBuggy to transport vehicles on behalf of their customers (each an “Authorized Auction”). Any User who authorizes an Authorized Auction under such User’s profile settings on the RunBuggy Service agrees that such Authorized Auction shall be entitled to create and place orders on behalf of such User and by so checking the box authorizes all such transactions until the User removes such authorization under User’s profile settings.
Transporter Representations, Warranties and Agreements.
By providing Services as a Transporter on the RunBuggy Service, you represent, warrant, and agree that:
Intellectual Property Rights.
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. Except as expressly authorized by RunBuggy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the RunBuggy Service or the RunBuggy Service Content, in whole or in part. In connection with your use of the RunBuggy Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the RunBuggy Service or the RunBuggy Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the RunBuggy Service or distributed in connection therewith are the property of RunBuggy, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. 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.
The RunBuggy name and logos are trademarks and service marks of RunBuggy (collectively the “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. 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.
Limitation of Liability.
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.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to RunBuggy’s business, operations and 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.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of this Agreement or to pose any questions regarding this Agreement or the RunBuggy Service.
SELECTING “ACCEPT” WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS TO CREATE AN ACCOUNT AND USE THE RUNBUGGY SERVICE.