Important: You must agree to the Terms of Service of Autos2Move to register
and use this site.
I. General
Autos2Move offers a subscription Internet service and system for the auto
transport industry that consists of: a) "bulletin board" lists of vehicles that
require transport; b) listing of transport truck locations and general business
information; c) listings of terminal companies; d) transport business directory;
and e) other services for use by the transport industry. Solely the subscribers
provide the company business information found in Autos2Move. Autos2Move does
not and cannot control the content, quality or accuracy of company information
available through Autos2Move. The purpose of this site is to facilitate the
exchange of information that enables effective and productive vehicle
transportation. It is the subscribers responsibility to make contact and follow
good business practices to evaluate and select companies/clients that they
choose to do business with. BY ACCESSING AND USING Autos2Move's SERVICE AND
SYSTEM YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS OF USE AS
PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM Autos2Move.
Autos2Move may change these Terms of Use at any time.
II. Use of Service
Subscribers may only use Autos2Move services and systems to
the extent set forth in the service.
Autos2Move's system and services may only be used for lawful purposes and in a
manner that Autos2Move believes, in its sole discretion, to be consistent with
the rights of other Autos2Move subscribers and third parties.
Subscribers are responsible for submitting accurate and truthful
information when registering, updating or posting any information on the site. Users shall NOT share username and password
information to anyone outside of member company or account. We reserve the right
to terminate the service to subscribers and users that attempt to bypass the
registration, login and payment process. Standard web reporting enables
identification of requesting IP addresses. Any IP address identified that
bypasses, hacked or illegally entered the system will be locked out of the
service and possibly prosecuted to the extend of the law.
III. Standards of Conduct
All subscribers must abide by and follow professional
practices standard for the industry. Furthermore, users of Autos2Move must
follow standard business practices with all parties for which they enter
agreements and found through the services of Autos2Move. Specific business
practices include but are not limited to the following requirements for the
specified user type.
a. Transports
Carriers shall: 1) maintain current and adequate insurance
coverage and licensing; 2) interact with customers in a professional manner; 3)
adhere to agreed terms (price, time, etc.) with vehicle owner; 4) promptly
notify customers of all possible and foreseen delays; 5) properly handle
vehicles to avoid occurrence of damage; 6) provide customers with completed and
signed bill of lading/vehicle condition form upon delivery; and 7) deal with
damage claims fairly and responsively.
b. Brokers, Dealers
Brokers and Dealers shall: 1) maintain proper insurance,
licensing, and bonding at all times; 2) make available the listed vehicle at the
agreed time and price after an agreement has been made; and 3) make prompt
payment of outstanding balances owed to carriers or terminals.
c. Terminals
Terminals shall: 1) maintain proper insurance, licensing, and
bonding at all times; 2) make storage facility available at the agreed time and
price; and 3) ensure safe handling and security of vehicles to minimize
occurrence of damage or loss.
d. Individuals
Individuals shall: 1) make available the listed vehicle at
the agreed time and price; 2) ensure drop-off location and contact are available
to carrier as agreed upon: and 3) make prompt payment of outstanding balances
owed to carriers.
IV. Fees and Payment Terms
Subscribers must pay fees per Autos2Move's rate
schedule in effect from time to time as a condition to obtaining access to
Autos2Move's services and system. A subscriber also must pay any sales, use or
like taxes. Payments not received within 30 days of billing date
are considered delinquent and are subject to immediate
suspension and/or termination without notice. Monthly charges will not be
pro-rated.
V. Non-Transferability
Subscriber's account and right to use Autos2Move's services
and system is not transferable without Autos2Move's consent. Subscriber agrees
to protect its username and password and will NOT share them with
unauthorized persons and/or
users.
VI. Termination and Suspension
Either subscriber or Autos2Move may, at its sole discretion,
terminate the subscriber's account at any time with or without reason. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE.
Autos2Move may delete all data, files or other information that is stored in
subscriber's account upon termination. Provisions set forth below in the
sections entitled "No Warranty; Limitation of Liability" and "Indemnity" shall
survive termination.
VII. Changes to Service
The services provided by Autos2Move and Autos2Move's system
are expected to change from time to time. Autos2Move reserves the right to
change any service offered or the features of any service offered or its system
without notice.
VIII. No Warranty; Limitation of Liability
USE OF Autos2Move's SERVICES AND SYSTEM AND THE INTERNET IN
GENERAL IS AT USER'S SOLE RISK. Autos2Move MAKES NO WARRANTIES TO ITS
PERFORMANCE, AVAILABILITY, ACCURACY, SECURITY OR RELIABILITY OF ITS SUBSCRIBERS
OR USERS AND DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL NOT BE
INTERRUPTED OR FREE FROM UNAUTHORIZED INTRUSION, MEET CERTAIN LEVELS OF
PERFORMANCE OR QUALITY, OR BE ERROR FREE; NOR DOES Autos2Move MAKE ANY WARRANTY
AS TO THE RESULTS EXPECTED FROM INFORMATION OBTAINED FROM USE OF ITS SERVICE OR
SYSTEM OR THE INTERNET IN GENERAL. Autos2Move's SERVICES AND SYSTEM ARE PROVIDED
ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH
WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY
CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL
Autos2Move BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING THE
FOREGOING, Autos2Move WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR
INABILITY TO USE ALL OR ANY PART OF Autos2Move's SYSTEM OR SERVICES, RELIANCE BY
ANY PERSON ON INFORMATION OBTAINED THROUGH Autos2Move's SERVICE OR THE INTERNET,
DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF
PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. SOME JURISDICTIONS DO
NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE
LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.
IX. Indemnity
The subscriber agrees to indemnify and hold harmless
Autos2Move, its directors, officers, shareholders, agents, employees and its
other subscribers from any and all claims, liabilities, damages, or expenses,
including attorney fees, arising out of or resulting from any and all use of
subscriber's account whether or not authorized.
X. Confidentiality
Autos2Move treats electronic messages as private. Exceptions
are those permitted by law, including under the Electronic Communications
Privacy Act of 1986 (the "ECPA"). The ECPA permits Autos2Move limited ability to
intercept and/or disclose electronic messages, including, for example (i) as
necessary to operate the system or protect Autos2Move's rights or property, (ii)
upon legal demand (court orders, warrants, subpoenas) or (iii) where Autos2Move
receives information inadvertently which appears to pertain to the commission of
a crime. Users should be aware that electronic messages may be intercepted
lawfully or unlawfully outside of Autos2Move's system. In addition, although
Autos2Move has implemented certain security measures, Autos2Move cannot guaranty
that its system or stored data of a subscriber will be free from unauthorized
intrusion or otherwise guaranty the privacy of information of any user.
XI. Interpretation
These Terms of Service supersede all other written and oral
communications or agreements with regard to the subject matter. A waiver or
modification of these Terms of Service shall only be effective if in writing
signed by an authorized officer of Autos2Move. These Terms of Service shall be
governed by and construed in accordance with the laws of the State of California
without regard to choice or conflict of law principles. Any legal action or
proceeding arising under or relating to the Agreement shall be brought in by the
federal or state courts of The State of California and the parties hereby
consent to personal jurisdiction and venue therein. If any provision of these
terms and conditions is found to be unenforceable or invalid, the remaining
provisions shall be enforceable and valid to the greatest extent permitted by
law.