Effective Date: March 28, 2024
Carrier Terms of Use
Terms of Service
These Terms are a binding agreement between you (the “Carrier”) and Autosled. Please read them carefully before you access the Website OR USE AUTOSLED’S SERVICES.
Thank you for choosing Autosled. These Carrier Terms of Service (the “Terms”) together with our Privacy Policy govern your relationship with Autosled, which owns and/or operates the Service (as defined below). You will find Autosled’s Privacy Policy https://autosled.com/privacy-policy/ (the “Privacy Policy”). The Privacy Policy has information and notices concerning Autosled’s collection and use of your personal information.
In addition to the functionality on the Autosled’s website at www.autosled.com (“Website”), we provide a service that provides an online and mobile platform to Carriers and Shippers (as defined below in the ), allowing them to connect and manage the transportation of motor vehicles, includes a mobile application (“App”) through which Transporters access or use the Service, and any downloads, content, and functionality contained therein (collectively, the Website together with such platform, App and downloads, content and functionality, the “Service” or “Services”). These Terms contain terms and conditions that apply only to Carriers. If you are a Shipper, the terms and conditions applicable to you are found at https://autosled.com/shipper-terms-of-use/.
By registering with Autosled, by accessing or using the Service, or by clicking agree or accept when that option is available to you, you accept and agree to be bound and abide by the Terms.
If you do not want to agree to the Terms you must not access the Service.
The Service is offered and available to users who are 18 years of age or older and reside in the continental United States. If you do not meet those requirements, you must not access the Website or use the Service.
Changes to the Terms of Service
Autosled may revise and update the Service or these Terms (including, but not limited to any fees that may apply) from time to time in its sole discretion. All changes are effective immediately when once posted to the Website and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction (below) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website or following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding to you.
Important Definitions
“Autosled” or “we” or “us” or “our” means Autosled, Inc.
“Carrier” is a person or legal entity you identify when you register to access and use the Service for the purpose of providing transportation services. By registering to access and use the Service as a Carrier you warrant and represent that that person or legal entity is a motor carrier as defined by 49 USC §13102(14) with authority issued by the federal and applicable state governments to haul cargo for hire. A Carrier who accesses or uses the Service is an independent contractor and remains solely responsible for screening, selecting, hiring, training, supervising, managing, assigning, and dispatching its drivers. A Carrier is also solely responsible for the inspection and maintenance of its motor vehicle equipment and accessories. A Carrier is solely responsible for its own actions, omissions, training, oversight, compliance with regulatory and safety requirements, and all management of Carrier’s equipment, services, drivers, employees, contractors, agents, and servants. A Carrier maintains sole control over the methods and results by which it performs cargo transportation services and retains the sole duty to provide, maintain, manage and control the equipment, personnel, and expertise required to transport your cargo. Autosled is not an agent of any Carrier, and no Carrier is an agent of Autosled.
“Shipment” means the motor vehicle that a Shipper has agreed to ship and a Carrier has agreed to transport, each as arranged through the Services.
“Shipper” is a person or legal entity you identify when you register to access or use the Service for the purpose of obtaining transportation services. By registering to access and use the Service as a Shipper you warrant and represent that that person or legal entity owns, possesses, or otherwise holds rights to transport cargo you seek to ship by way of the Service and will be identified as the shipper, consignor, or consignee on the applicable bill of lading. A Shipper who accesses or uses the Service is an independent contractor and remains solely responsible for screening, selecting, and hiring the Carrier. Autosled is not an agent of any Shipper, and no Shipper is an agent of Autosled.
“You” or “your” means the individual accessing or using the Services or, if the individual is accessing or using the Services on behalf of an entity, the entity.
How the Service Works
The Service is a digital technology platform that facilitates transportation of vehicles by connecting Shippers and Carriers.
In order to access and use most aspects of the Service, Carriers and Shippers must register and maintain an active Service profile. Each registered Shipper has a profile and posts to the Service details about Shipment(s). A list of available Shipments is accessible at any time through the Service. Each registered Carrier also has a profile and a list of Carriers is available at any time through the Service. Shippers may review Carrier profiles to determine whether a Carrier is acceptable and available for a Shipment. Carriers may also search and find available Shipments as well.
Shipments are made available on a first-come, first-served basis. Shipments may be re-posted to the Service if the Shipper and Carrier fail to come to terms for a particular Shipment. All delivery dates are estimates only. For vehicle shipments that have been flagged for Dealer Exchange, Carriers may select the roundtrip option in order to secure both the outbound and return bound shipments.
Both the Shipper and the Carrier submit Shipment-related documents such as (but not limited to), bills of lading, and delivery receipts. Under no circumstances should Autosled be listed as either shipper or consignee on a Shipment. Carriers are responsible for uploading bill(s) of lading upon acceptance of the cargo via the Autosled BOL tool. Carriers are also responsible for providing and uploading notice(s) or delivery and, if available, proof of delivery, within 24 hours of delivery.
Autosled’s Role. Autosled is a broker (as defined in 49 U.S.C. §13102(2)). Autosled’s sole obligation is to provide the platform that connects Carriers and Shippers, allowing them to arrange transportation of Shipments by a Carrier that is appropriate and authorized to operate by all applicable governmental agencies, each as determined by Shipper. Autosled does not provide actual transportation services or act in any way as a Carrier. Autosled does not take possession, custody, or control of any cargo. Autosled does not assume any liability, possessory rights or obligations, and assumes no financial responsibility whatsoever, for cargo, including loss, theft, damage or delayed delivery thereof. Autosled has no responsibility for any shipping services whatsoever.
Autosled is not a motor carrier. Neither this nor any other document or agreement shall be construed to imply Autosled is a carrier (as defined in 49 U.S.C. §13102(3)), or that Autosled is subject to the regulatory or legal requirements of a carrier. Autosled has no responsibility or liability for any transportation or carrier services provided to any Shipper or any other party using the Services.
Autosled only facilitates the Services. Autosled cannot and does not guarantee that use of the Service by either Shippers or Carriers will be successful or the Service will meet the needs of all or any Shippers or Carriers. Autosled is not responsible for any Shipment terms and conditions between a Carrier and a Shipper.
Autosled is not responsible for, does not control, and cannot guarantee any information exchanged between Shippers and Carriers. Shippers and Carriers are independent service providers and not employees or agents of Autosled, and no agency, partnership, or joint venture is intended or created by this agreement. You specifically acknowledge and agree that Autosled disclaims any and all liability related to any Shipment and for any loss or damage caused by reliance on information provided by Users. ALL SHIPPERS AND CARRIERS USE THE SERVICES AT THEIR OWN RISK.
Autosled reserves the right, at any time, for any reason, and without prior notice, to remove or disable access to any profile, posting, or other content, that Autosled determines, in its sole discretion, is objectionable for any reason, in violation of these Terms, or is otherwise harmful to the Website.
Vehicle Hauling Requirements
Prohibition of 2 or 4 Wheels Down Towing
Transporters and carriers contracted through Autosled are strictly prohibited from towing any vehicle with 2 or 4 wheels down. All vehicles must be hauled using approved methods that fully comply with the regulations set forth by the Department of Transportation (DOT) or any other applicable regulatory entities.
Prohibition on Alteration of Vehicle Accessories
Carriers contracted through Autosled are strictly prohibited from uninstalling, removing, or altering any accessories, equipment, parts or modifications on a vehicle unless they receive express permission from the vehicle owner and/or Autosled. Any unauthorized modification or tampering with vehicle accessories, equipment, or components will be considered a breach of contract and may result in immediate termination of the Carrier’s engagement with Autosled, in addition to any legal consequences.
Guarantee of Compliance
By accepting any load assignments from Autosled, transporters and carriers hereby guarantee that all vehicles will be hauled on a trailer that has been approved by the DOT or any other applicable regulatory entities. Failure to comply with this requirement will be considered a breach of contract and may result in immediate termination of the transporter’s or carrier’s engagement with Autosled, in addition to any legal consequences.
Regulatory Compliance
Transporters and carriers are responsible for ensuring that their equipment and hauling methods are in full compliance with all federal, state, and local laws, as well as any additional regulations set forth by the DOT or other governing bodies. Autosled reserves the right to verify compliance at any time and to disengage with any transporter or carrier found to be in violation of these requirements.
Insurance Compliance
You shall procure and maintain, at your sole cost and expense, with reputable and financially responsible insurance underwriters maintaining a rating of B+ or higher, the following insurance coverages.
Automobile Liability insurance to include any automobile, or all owned, non-owned, and hired automobiles, covering bodily injury (including injury resulting in death) and loss of or damage to property in an amount not less than $1,000,000 per incident.
- Motor Truck Cargo Liability insurance in an amount not less than: (i) $100,000 per incident if you transport 1 vehicle; (ii) $150,000 per incident if you transport 2-3 vehicles; (iii) $250,000 per incident if you transport 4-6 vehicles; or $300,000 per incident if you transport more than 7 vehicles. Such insurance shall not contain any exclusions for employee theft or dishonesty, unattended or unattached trailers, historical vehicles, vehicles over twenty-five years old, loss sustained during vehicle loading, unloading, or securement, or otherwise likely to result in denial of claims.
- Workers compensation insurance in accordance with all Applicable Laws.
- Any other insurance that may be required by Autosled Inc. or any Applicable Laws.
- If Applicable Law requires Carrier to maintain amounts in excess of these limits, Carrier shall obtain coverage aligning to such higher limits.
When submitting your Certificate of Insurance (COI), “Autosled, Inc.” must be listed as the certificate holder.
Payment
You acknowledge, understand and agree that Shippers, and not Autosled, are solely responsible to pay the fees and expenses for your services. While we may assist with invoicing, you are solely responsible for collection and all related costs. You hereby release us from any claims related to a Shipper’s delay or non-payment of amounts owed to you.
Autosled reserves the right to withhold, deduct, or delay payment of any and all fees payable to a carrier for the following reasons, including but not limited to::
- Shipment delivered to incorrect delivery address
- Shipment delivered with undisclosed or not previously noted damage
- Shipment delivered without full name of pickup or delivery contact
- Shipment delivered without legible pickup or delivery signatures
- Shipment delivered 2 or more days after the original ETA dates provided
- Shipment was double brokered to another Carrier company
- Autosled’s application was not used for BOL inspection at pickup and/or delivery
This policy applies to all fees owed to the carrier, not just those associated with the specific case in question, until all issues are satisfactorily resolved.
Bill of Lading (BOL) Requirements
Autosled requires all Carriers to use Autosled’s proprietary transporter app, which includes a BOL (Bill of Lading) tool, for completing loads and providing proof of delivery. A $75 fee will be deducted per unit from the owed fee for any load completed without a BOL, or with non-Autosled BOLs (external BOLs) sent to Autosled for proof of pickup and/or delivery. This is to ensure consistency, accuracy, and transparent documentation.
Registration, Website Access, Limited License and Security
To access and use the Service each Carrier and Shipper (each a “User”) must complete an account registration directly through the Website. After completing an account registration a User will have a revocable, limited, non-exclusive and non-transferable license to access the Service through the Website or the App. By “access,” we mean navigating to any of our Website or App pages and using the Service. Everything you find on the Services are available “as is” and “as available.” This means that we cannot guarantee that you will always be able to access the Services, or that your use will be uninterrupted or error-free. There are many things that can prevent or interrupt your access to the Website or the App, and we are not responsible for anything we cannot control, such as the Internet. You are responsible for making all arrangements and providing all software necessary for you to access the Internet and the Website or the App. We will not be liable if for any reason all or any part of the Website, the App, or Services are unavailable at any time or for any period.
AUTOSLED MAKES THE WEBSITE AND THE APP AVAILABLE SOLELY FOR THE PURPOSE OF YOUR RECEIPT AND USE OF THE SERVICES . AUTOSLED DOES NOT PROVIDE ANY ACTUAL TRANSPORTATION OR SHIPPING SERVICES. YOU ACKNOWLEDGE AND AGREE THAT AUTOSLED DOES NOT INVESTIGATE OR MAKE ANY GUARANTEES OR WARRANTIES ABOUT THE ABILITY, QUALITY, LEGALITY, SUITABILITY, OR REGULATORY COMPLIANCE OF ANY CARRIER, SHIPPER, OR VEHICLE(S) TRANSPORTED THROUGH USE OF THE SERVICE. MOREOVER, AUTOSLED DOES NOT CONTROL THE CONDUCT OF CARRIERS, SHIPPERS, OR OTHER VISITORS TO THIS WEBSITE AND DISCLAIMS ANY AND ALL LIABILITY FOR THE SAME.
You may not have more than one active Autosled account at any time. If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You remain solely responsible for all activities under your Autosled account, whether or not you have authorized such activities or actions. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with through Services or otherwise is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Terminating An Account
In addition to Autosled’s other rights and remedies provided for in these Terms, we may, in our sole discretion, cancel any Autosled registration and terminate these Terms and/or your access to the Services at any time, without prior notice, for any reason or no reason (including if, in our opinion, you have violated any provision of these Terms- including by not limited to nonpayment for services rendered), and without obligation or liability to you. If that occurs, (a) you will remain liable for any and all amounts due hereunder, and (b) we have no obligation to delete or return to you any content about or from you and available through the Services, subject to applicable privacy laws as set forth in our Privacy Policy.
Compliance Information
Autosled may utilize a third-party provider, Registry Monitoring Insurance Services, Inc. (“RMIS”) or other sources, to obtain insurance, licensing, and other information about Carriers. RMIS or other sources may obtain some information about Carriers from third-party information providers. NEITHER AUTOSLED NOR RMIS or other sources MAKE ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER AS TO SUCH THIRD-PARTY INFORMATION AND IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS THEREOF. EACH SHIPPER IS RESPONSIBLE FOR INDEPENDENTLY EVALUATING ANY COMPLIANCE DATA THAT WE MAKE AVAILABLE. AUTOSLED HAS NO OBLIGATION TO REVIEW COMPLIANCE DATA FROM RMIS or other sources.
Non-Circumvention
During the term of this Agreement, and for one (1) year after its expiration or termination, other than pursuant to your use of the Services, you shall neither initiate nor accept any direct or indirect commercial shipping relationship with any Shipper where you first learned of the Shipper pursuant to the Service, or in connection with use of the Service. Your obligation in this regard extends to instances where a Shipper contacts you and seeks to establish a commercial shipping relationship with respect to a particular shipment, such as a Shipment, that does not include Autosled. If you violate this section, you shall be jointly and severally liable with the Shipper to Autosled for each such violation in an amount equal to twenty percent (20%) of all revenues paid to you by the Shipper. The parties intend that such liability constitutes compensation, and not a penalty. The parties acknowledge and agree that our harm caused by a breach would be impossible or very difficult to accurately estimate as of the Effective Date, and that such amount is a reasonable estimate of the anticipated or actual harm that might arise from a breach of this section. The payment of such an amount is your sole liability and entire obligation and our exclusive remedy for any breach of this section.
Intellectual Property Rights
The Services, and all components thereof, are valuable intellectual property and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. As between you and us, we own and will retain all right, title and interest in the Services. You agree that you will not delete or alter any copyright, trademark, or other proprietary rights notices from copies of content from the Services.
You may not distribute, transfer, post, display, broadcast, adapt, create derivatives, sell or otherwise exploit Services except as expressly permitted under these Terms. These Terms set forth your only rights and no other rights or licenses are transferred, implied, or otherwise granted. Any use of the Services not expressly permitted is a material breach of these Terms.
Trademarks. The Autosled name, the Autosled logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Autosled. You must not use such marks without Autosled’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms . You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any export and import laws and regulations ).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Autosled, an Autosled employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Autosled or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access, monitor, analyze or use the Website for any purpose, including “data scraping” or copying any of the material, data or information on the Website.
- Use any manual process to monitor or copy any of the material, data or information on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise, attempt to interfere with the proper working of the Website.
We have the right to:
- Remove or refuse any content or vehicle transport services for any or no reason at our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS AUTOSLED FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AUTOSLED DURING OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER AUTOSLED OR LAW ENFORCEMENT AUTHORITIES. However, we cannot and do not undertake to review all content before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ANY CONTENT, AND ANY SERVICES IS ENTIRELY AT YOUR OWN RISK. ALL OF YOUR COMMUNICATIONS WITH OTHER USERS, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE THROUGH THE SERVICE ARE SOLELY YOUR RESPONSIBILITY.
THE WEBSITE, CONTENT, AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER AUTOSLED NOR ANY PERSON ASSOCIATED WITH AUTOSLED MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AUTOSLED NOR ANYONE ASSOCIATED WITH AUTOSLED REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, AUTOSLED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND FITNESS FOR PARTICULAR PURPOSE.
Autosled cannot and does not guarantee or warrant that the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT AUTOSLED IS ONLY WILLING TO PROVIDE ACCESS TO THE WEBSITE, THE APP, AND THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS ON OUR LIABILITY TO YOU AND TO THIRD PARTIES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AUTOSLED, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE OR OTHER TORT), BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES , INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY LINKED WEBSITES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, , , EVEN IF FORESEEABLE OR IF AUTOSLED WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE APP OR THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCESS TO THE WEBSITE AND THE APP, AND DISCONTINUE USE OF THE SERVICE. IN NO EVENT WILL AUTOSLED, ITS AFFILIATES’, OR THEIR LICENSORS’, SERVICE PROVIDERS’, EMPLOYEES’, AGENTS’, OFFICERS’, OR DIRECTORS’ AGGREGATE LIABILITY EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100).
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury which may occur as a result of your use of the Service.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, release and hold harmless Autosled, any affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your access to the Website or the App, or your use of the Services, other than as expressly authorized in these Terms, or your use of any content or other information obtained from the Website or the App, or in connection with the Service. You will not settle or compromise any claim subject to this section without our prior written consent.
Limitation on Time to File a Claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OF THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, in each case located in the City of Baltimore, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Autosled’s sole discretion, it may require You to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maryland law and taking place in the State of Maryland.
ARBITRATION PROCEDURES ARE TYPICALLY SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN THE COMPANY AND YOU IN ANY STATE OR FEDERAL COURT. IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.
Waiver of Jury Trial
YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL IN FRONT OF A JURY, INSTEAD AGREEING THAT ALL CLAIMS AND DISPUTES WILL BE RESOLVED BY A JUDGE OR, IN OUR DISCRETION, ARBITRATION AS DESCRIBED ABOVE.
Waiver and Severability
No waiver by Autosled of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Autosled to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms (including, without limitation, our Privacy Policy) constitute the sole and entire agreement between you and Autosled regarding the Website and the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and the Services.
Your Comments and Concerns
This website is operated by Autosled Inc., 6010 Executive Blvd, Suite 1010 Rockville, MD 20852.
Autosled is always improving its services to provide Members and Advisors with the best possible experience. Please feel free to send us feedback, comments, or suggestions related to the Website. All submissions to Autosled will be the sole and exclusive property of Autosled and you hereby assign and agree to assign all rights, title, and interests in and to any submission to Autosled.
Comments should be directed to:
Autosled, Inc.
6010 Executive Blvd , Suite 1010
Rockville, MD 20852
Email: info@autosled.com