Effective Date: June 2, 2022
Terms of Service
These Terms are a binding agreement between you and Autosled. Please read them carefully before you access the Website OR USE THE AUTOSLED SERVICES.
In addition to the functionality at the Autosled 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 you 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 Shippers. If you are a Carrier, the terms and conditions applicable to you are found at https://autosled.com/transporter-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 United States or any of its territories or possessions. If you do not meet those requirements, you must not access the Website or use the Service.
Changes to the Terms of Service
Autosled may revise and update the Service or these Terms (including without limitation any fees that may apply) from time to time in its sole discretion. All changes are effective immediately when we post them 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 on you.
“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 platform that facilitates transportation of vehicles by connecting Shippers and Carriers.
Carriers and Shippers must register to access and use the Service. Each registered Shipper has a profile and posts to the Service details about Shipment(s). A list of available Shipments is accessible at any time through the Service. Each registered Carrier also has a profile and a list of Carriers is available at any time through the 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.
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. 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 determine 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.
You shall prepare the vehicle(s) for transport by removing or properly securing all batteries, loose parts, fragile or protruding accessories, low hanging spoilers, antennae and other similar items. You shall disarm any vehicle alarm system and provide the Carrier with any tools or keys necessary to disarm the system if activated. If the alarm system is activated during the transport of the vehicle, the Carrier may deactivate the alarm system by any means that it or the transport driver deems reasonable and effective. You release us, the Carrier and transport driver from any claims for damages that are caused by your failure to fulfill these obligations.
You shall remove all detachable personal belongings from the vehicle(s). We or the Carrier may impose additional fees, at either of our sole discretion, for the transport of contents left in a vehicle. In no event, however, will we be responsible for the safe transport of any such contents.
Your or your agent, who has been identified in writing to Autosled, shall be present at the point of pickup and delivery.
You shall identify any damage to any vehicle(s) by noting the damage on the Bill of Lading received by you at the time of delivery. Any claims related to such noted damage must be submitted in writing to us within 2 days of delivery, or, in case of failure of delivery, within 2 days of the date that vehicle was scheduled to be delivered. You hereby waive any damage claims that are not noted on the Bill of Lading or for which you have not submitted a timely written claim. We shall not be liable directly, in subrogation, or by assignment to your insurance company for any claims paid by you.
Fees; Payment Terms
Through the Service, Carriers provide Shippers with real-time quotes on rates and charges based on the Shipment and associated transportation details provided by the Shipper (together with any additional fees as described in the following paragraph, the “Rates”). The Rates are those quoted by a Carrier to a Shipper for a particular Shipment at the time the Shipper selects the Carrier, and Carrier agrees, to provide transportation services. Prior to such agreement, Rates for a particular Shipment, or in general, may change over time. Our service fee will also be displayed with the Rates (and your confirmation of a Shipment with a Carrier constitutes your agreement to pay our service fee and the Rates (together the “Fees”).
Further, the Carrier may assess additional fees based on the inaccuracy of your Shipment details, such as inaccurate pickup location or incorrect vehicle make or model, and an inoperable fee may also be assessed and added to the Fees if the vehicle(s) ordered for transport is inoperable but does have keys, rolls and is accessible to the Carrier. If the vehicle(s) is deemed inoperable and does not roll (i.e. missing wheels or keys or is inaccessible by the carrier) a higher fee may be assessed as determined by the Carrier and shall cover any other charges incurred to accomplish delivery, including, but not limited to wreckers, forklifts, roll-back’s, flatbeds. If vehicle(s) rendered for shipment becomes inoperable during transit, as a result of conditions beyond the control of the Carrier, then the inoperable fee may be applied to the order. You agree to pay all such additional fees when invoiced.
Invoices for Fees will be generated and delivered to you automatically upon receipt of a Carrier’s notice of delivery for a Shipment. You will pay all Fees immediately upon receipt of an invoice, unless we have agreed in writing (email or through the Services is sufficient) to provide you different payment terms, which we may condition on a credit history check and approval in our sole discretion. We may revoke any different payment terms we have extended to you at any time in our sole discretion.
All Fees are non-cancelable once a Carrier has picked up your Shipment, and once paid, are non-refundable unless we have expressly provided a different refund policy to you in writing.
Autosled may utilize a third-party provider of its choice for invoicing, payment processing, and other financial transactions in connection with the Service, and you authorize us to provide your payment method and corresponding information to our selected third party provider for such purposes. Additional terms may be imposed and modified by our payment processor from time to time, and you agree to comply with all such terms as if set forth in these Terms. You authorize Autosled to obtain all necessary information and perform all necessary activities to facilitate and pay for transportation services provided by a Carrier. You will provide accurate and complete information about yourself, your business, your payment method (e.g., credit card or ACH information) and your Shipments, and you authorize us to store such information and share it with our payment processor for the purposes of facilitating of the payment processing services. We reserve the right to switch payment processing vendors at our sole discretion. We cannot control any fees that may be charged by a User’s bank in connection payment transactions processed, and we disclaim all liability in this regard.
Any amount not paid when due will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable usury law, whichever is less, determined and compounded monthly from the date due until the date paid. You will reimburse any costs or expenses (including without limitation reasonable attorneys’ fees and collections costs) incurred by us to collect any amount that is not paid when due. Amounts due from you under this Agreement may not be withheld or offset by you against amounts due to you for any reason. All fees charged by Autosled are exclusive of taxes on your purchases of Services. You are responsible for any taxes on your purchases, except for taxes on our income.
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 user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to 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.
Terminating An Account
Autosled may utilize a third-party provider, Registry Monitoring Insurance Services, Inc. (“RMIS”), to obtain insurance, licensing, and other information about Carriers. RMIS may obtain some information about Carriers from third-party information providers. NEITHER AUTOSLED NOR RMIS 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.
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 Carrier for a Shipment where you first learned of the Shipment pursuant to the Service, or in connection with use of the Service. Your obligation in this regard extends to instances where a Carrier contacts you and seeks to establish a commercial shipping relationship with respect to a particular Shipment that does not include Autosled. If you violate this section, you shall be jointly and severally liable with the Carrier to Autosled for each such violation in an amount equal to twenty percent (20%) of all revenues paid to the Carrier by you. 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 amount is your sole liability and entire obligation and our exclusive remedy for any breach of this section.
The Service provided by Autosled is not a recommendation or endorsement of any particular Carrier. By using the Service, Shipper agrees that any legal remedy or liability sought to obtain for actions or omissions of another Shipper or Carrier (as appropriate) will be limited to a claim against the particular Shipper or Carrier alleged to have caused the harm. Further, you agree not to attempt to impose liability on, or seek any legal remedy from Autosled with respect to such actions or omissions.
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.
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 for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any violation of these Terms.
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.
IN NO EVENT SHALL AUTOSLED OR ITS AFFILIATES OR THEIR RESPECTIVE SUBCONTRACTORS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES TO YOUR SHIPMENTS. You specifically agrees and hereby waives any other claims against Autosled or its subcontractor including, but not limited to minor damages such as scratches, scrapes and chips that result from normal road conditions and wear and tear; damages caused by leaking fluids, battery acid and/or cooling system antifreeze solution; industrial fallout; mechanical malfunctions; exhaust assembly; frame; alignment; tire damage; suspension; glass damage; overloaded vehicles; defective or insufficient brakes, parking brake or parking gear; damage to loose, torn or visibly worn convertible tops; damage to vehicle boots, caps, masks, bras or any other type of covering; damage caused as a result of the inoperable condition of the vehicle; damage caused by tie-downs that break or tear due to vehicle’s age or condition; damage that is undetectable due to the vehicle’s dirty condition at the time of pickup; or damage caused as a result of acts of God or other Force Majeure events. Autosled shall not be liable for missing navigation disk, additional keys, floor mats or other removable equipment. ADDITIONALLY, AUTOSLED WILL NOT PROVIDE REIMBURSEMENT FOR AUTO RENTAL FEES RESULTING FROM DELAY, DAMAGE, OR ACCIDENT. FURTHERMORE, AUTOSLED WILL NOT BE RESPONSIBLE FOR DEPRECIATED VALUE RESULTING FROM DAMAGES OR DELAYS.
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’S, 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.
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.
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.
Your Comments and Concerns
This website is operated by Autosled Inc., 6010 Executive Blvd, Suite 1010 Rockville, MD 20852.
Autosled is always interested in improving its services and providing Members and Advisors with the best possible experience. Please feel free to send us feedback, comments, or suggestions relating to the Website. All submissions to Autosled will be the sole and exclusive property of Autosled and you hereby assign and agree to assign all rights, title, and interests in and to any submission to Autosled.
All comments should be directed to:
6010 Executive Blvd , Suite 1010
Rockville, MD 20852