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ShipRightNow User Agreement

By joining ShipRightNow (hereinafter “SRN”) and using its website, you acknowledge that you have read, understood, and accepted the terms and conditions outlined below, in their entirety and without limitation. Said terms and conditions, including applicable fees, are subject to change without prior notice; therefore, you should review this User Agreement (hereinafter “Agreement”) frequently.

Definitions

Members. Persons (individuals, businesses, and/or companies) that have successfully completed a membership application and been approved by SRN to participate in this site.

Shippers. Members participating in this site for the purpose of shipping their goods are referred to as Shippers in this Agreement.

Transporters. Members participating in this site for the purpose of offering transportation services to Shippers are referred to as Transporters in this Agreement.

Services Provided

SRN operates this website as an online marketplace wherein individuals and/or companies needing to ship goods can negotiate and enter agreements with individuals and/or companies providing transportation services. This process involves Shippers soliciting bids from Transporters and Transporters placing bids. SRN is and shall remain a neutral party throughout the process.

SRN is NOT a transportation company. SRN does NOT provide any transportation services, commercial or otherwise, freight forwarding, or brokering, nor is it affiliated with any company that does provide such services.

SRN does not pre-qualify, screen, verify, vouch for, or otherwise endorse any individual or company participating in its site. Furthermore, SRN does not warrant or guarantee a Shipper’s ability to pay for services or a Transporter’s ability to transport goods.

Membership

Requirements and Restrictions

SRN’s website is intended for use only by persons (individuals, businesses, and/or companies) capable of forming legally binding contracts. If, under applicable law, a person is able to unilaterally void a contract because the person is incompetent or under the age of 18, that person is ineligible for membership.

If you register as a business entity, you understand and agree that you are representing to SRN that you are authorized to legally bind the entity to this Agreement.

If you are acting as an agent of a business entity with the intent of binding the entity but fail to disclose the existence of the entity or your relationship toit, or if you are not authorized to bind the entity, you understand and agree that you could be held individually liable to SRN for fees, penalties, and/or damages.

Membership entails an on-going duty to abide by all terms and conditions contained in this Agreement, as amended from time to time.

Memberships are non-transferrable.

Membership, participation in the bidding process, and any other conduct stemming from the use of this website do not give rise to any form of contractor, agency, partnership, joint venture, employment, investment, or franchise relationship between you and SRN. You are NOT authorized to represent to any third party that any such relationship or connection exists.

Fees. Currently, SRN does not charge a membership fee, or a listing fee, though it reserves the right to do so in the future.

Termination. Membership with SRN and use of this website are privileges. SRN reserves the absolute right to prohibit any person or entity from participation in this site. Failure to comply with all terms and conditions may result in termination of membership. Prior to termination of membership, a member will be given written notice (which may be sent to the email address provided by the member) and a chance to dispute the reason(s) for termination of membership within 7 days of the notice, during which time period membership will be suspended. Failure to respond within 7 days will result in waiver of the right to dispute the reason(s) for termination of membership. It is the duty of the member to provide a current email address. SRN has no obligation or duty to verify the correctness or accuracy of an email address and will bear no responsibility for any emails that fail to reach the member. Hidden fees by transporter's are not allowed and will result in termination of SRN website priveleges. Extra fees for added services are allowed, such as blanket wrap, detailing items upon delivery, etc. but must be agreed upon prior to booking by both Shipper and Transporter.

Termination of membership does not waive any of SRN’s rights under this Agreement, especially with regard to collection of any and all monies owed.

Shippers

Shippers agree that when they accept a bid, they are accepting an offer and forming a contract, legally obligating them to complete the transaction with the Transporter; they must pay for the services accepted.

In addition to other terms and conditions of this Agreement, Shippers warrant the following:

Their goods are legally capable of being shipped in interstate commerce (or intrastate commerce, as the case may be);

Their goods are not in violation of any State, Federal or other relevant statute or regulation;

They are the true and rightful owners of the goods, or else that they are authorized by the true and rightful owners to ship the goods;

The goods are not subject to any liens, claims, unpaid taxes, or restrictions that limit or condition the transportation of the goods.

Transporters

Transporters agree that by placing a bid, they are making an offer to form a contract for services. If the Shipper accepts the bid, a contract is formed and the Transporter will be legally obligated to complete the transaction by providing the agreed upon services.

Bids must reflect the total monies owed for services. That is, they must include all applicable fees, taxes, and other costs; there cannot be any hidden costs that are disclosed only after a bid is accepted.

In addition to other terms and conditions of this Agreement, Transporters warrant the following:

They are licensed, bonded, insured, and properly authorized to transport goods through interstate commerce (or intrastate commerce, as the case may be);

They are in full compliance with any and all State, Federal, and other relevant statutes and/or regulations;

They and their employees/agents/representatives do not have any felony convictions and are not currently involved in any criminal enterprise or other activity that could hinder their ability to transport goods;

They have disclosed all relevant information (shipping policies, pricing, additional fees, taxes, conditions, insurance coverage, bonding, authorization, etc.) so that Shippers can make informed decisions about the services being offered.

Fees, Payments, andAdditional Fees

Fees. SRN charges a fee per transaction (i.e., bid acceptance) occurring on its site. That fee is currently set at 7.5% of the value of an accepted bid for shipping services. In other words, if a Transporter bids $1,000.00 to ship goods, and the Shipper accepts that bid, the fee collected by SRN would be $75 (7.5% of $1,000.00), and would be collected from the Shipper at that time, leaving the $925.00 balance payable to the transporter at time of delivery or when agreed upon between Shipper and Transporter.

Payments. SRN expects full payment at the moment a bid is accepted. When a Shipper accepts a bid, the Shipper's credit card on file will automatically be charged by SRN for the transaction fee. The Transporter will then collect the balance of the bid price directly from the Shipper. If the ShipRightNow feature is used, The transporter will be the one to accept the offered price, and the transporter will be charged the 7.5 percent booking fee at that time. In the example above, when the Transporter clicks the “ShipRightNow” button, the Transporter would be charged $75 by SRN and would collect $1,000.00 from the Shipper (NOT $1,075.00).

Additional Fees. Any fees to which SRN is entitled but unable to collect due to the fault of either the Shipper or the Transporter will result in assessment of an additional fee equal to 10% of the unpaid fee (including all additional fees) for each 30 day period during which the fee remains unpaid. In the example above, if SRN were unable to charge the Transporter’s credit card because it had expired, the Transporter would be assessed an additional fee of $7.50 (10% of $75) for the first 30 days the fee remained unpaid, $8.25 (10% of $82.50) for the next 30 day period, and so on. Additional fees are NOT pro-ratable.

Credit Cards

Members are required to maintain valid credit card information on file with SRN at all times. Failure to do so could result in the inability to participate in the bidding process, termination of membership, and assessment of interest and/or other fees/penalties.

Authorization: By participating in this website, you, the credit card holder, give SRN and its representatives express authorization to charge your credit card for any and all monies owed as a result of your participation in this site. You understand this Agreement is a legally binding contract and you will be held responsible for all agreed upon charges as well as any and all collection and legal fees.

Cancellations, Refunds, and Chargebacks

Cancellations after a bid is accepted by the Shipper but before any services are performed by the Transporter are at the discretion of the parties. If the cancellation is accepted, all fees paid to SRN will be refunded and credited to the appropriate accounts. If the cancellation is not accepted, SRN will not issue a refund unless the dispute is resolved in favor of the party seeking cancellation.
Any and all refunds shall be limited to the amount of fees paid excluding interest and/or penalties.

Under no circumstances will SRN issue a refund on completed transactions.

If a member’s cancellation rate exceeds 10%, termination of membership could result.

Unwarranted chargebacks are strictly prohibited. SRN reserves the right to charge offending members for any fees or penalties SRN might incur as a result of unwarranted chargebacks.

Information and Privacy

True and Correct. You agree that all information you provide to SRN or its members for purposes of transacting business on/through our site is true and correct. Providing fraudulent information is grounds for termination of membership and could subject you to civil damages and/or criminal charges.

Personal Information. When applying for membership, you will be required to submit certain personal information for account and billing purposes.

Account Information. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Credit Card Information. To use our site, you will be required to provide credit card information, which we will store in a secure environment. Your credit card information will only be transmitted to an appropriate credit card company during order processing; it will not be disclosed to any other third party for any purpose.

Non-Disclosure (SRN). We will not sell or otherwise disclose your personal information to any unauthorized third party. As described in this Agreement, your information will be disclosed in limited circumstances (e.g., for credit card processing, or in the event of a dispute between members).

Non-Disclosure (Members). You agree not to share personal information with other members, except as necessary to conduct business through this site. Sharing contact information (including but not limited to phone numbers, email addresses, instant messaging usernames, etc.) with other members, or attempting to circumvent the fees associated with participation in this site (e.g., by obtaining contact information from another member and then using that information to negotiate for transportation services outside of this site) is strictly prohibited.

Release, Hold Harmless, and Indemnify

If a dispute arises between any member and a third party (including but not limited to another member), the member(s) agree(s) to release SRN and its directors, officers, employees, and agents from all claims and damages (actual and consequential) of any kind and nature, known or unknown, arising out of or in connection with said dispute. Furthermore, the member(s) agree to hold SRN, et. al., harmless for any and all damages. If one or more members are found to be liable for damages, and SRN is also found to be liable for damages, whether individually or jointly and severally, those members agree to indemnify SRN for any and all damages it is ordered to pay, including attorney fees and costs.

Nothing in this provision shall be construed to require a member to indemnify SRN for damages owed by SRN to that particular member. Such a situation shall be governed by the “Limited Liability” terms described below.

Limited Liability

SRN is a business entity incorporated in the State of Arkansas. As such, any liability which might extend to SRN will not extend to any of its directors, officers, employees, agents, or shareholders. Conversely, any liability which might extend to SRN’s directors, officers, employees, agents, or shareholders for actions or conduct occurring outside the scope of their relationship with SRN will not extend to SRN.

SRN will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products, or services included on or otherwise made available to you through this site, including but not limited to direct, indirect, incidental, consequential, and punitive damages, unless otherwise specified in writing.

If SRN is ever found liable for its own conduct with regard to any member, its liability will be limited to the greater of either $100 or the total fees collected from that member for the transaction giving rise to the liability.

No Warranties

SRN does not provide any warranties whatsoever with regard to any of the products shipped, transportation services offered, or any other services offered on/through its website. To the full extent permissible by applicable law, SRN disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. SRN does not warrant that this site, information content, materials, products, or services included on or otherwise made available through this site are free from viruses, malware, or other harmful components.

Confidentiality

If at any point you become aware of SRN’s business models, practices, or any other aspect of our business in which we have a protectable interest, regardless of whether such disclosure is a result of our intentional or negligent conduct, you agree not to disclose such information to any third party for any reason.

Non-solicitation

Members (current or former) shall not hire or solicit to hire any employee of SRN, nor shall members (current or former) otherwise interfere with any of SRN’s business relationships.

Copyright and Trademarks

All content included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of SRN or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SRN and protected by U.S. and international copyright laws. All software used on this site is the property of SRN or its software suppliers and protected by United States and international copyright laws.

The graphics, logos, page headers, button icons, scripts, and service names contained in this website and pertaining to SRN and/or the services offered by SRN are trademarks, registered trademarks or trade dress of SRN in the U.S. and/or other countries. SRN's trademarks and trade dress may not be used in connection with any product or service that is not SRN's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SRN. All other trademarks not owned by SRN that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SRN.

Arbitration and Dispute Resolution

Any legal claim arising out of this Agreement, except claims brought by SRN, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Said arbitration shall occur in Flippin, Arkansas, or within 150 miles thereof, but within the State of Arkansas nonetheless, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Disputes between members and SRN should be reported to SRN before any legal action is taken. SRN will make a good faith effort to resolve disputes before they result in litigation.

Disputes between members should be handled by the members themselves. SRN’s involvement in any such disputes will be limited to providing the members involved with the other person’s contact information (which you hereby authorize us to disclose in these limited circumstances and agree to hold SRN harmless for such disclosures). The members are encouraged to seek outside legal counsel and/or mediation/arbitration services. If allegations of criminal misconduct are involved, members are also encouraged to notify appropriate law enforcement agencies.

Applicable Law

You agree that the laws of the State of Arkansas, without regard to principles of conflict of laws, will govern this Agreement and any dispute arising between you and SRN. Additionally, you consent to jurisdiction and venue in any state court in Marion County, Arkansas, or federal court for the Western District of Arkansas.

Miscellaneous

The headings contained throughout this Agreement are for reference purposes only and do not constitute terms or conditions in and of themselves.

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

Feedback

SRN uses a feedback system very similar to auction websites to help assure both Shipper and Transporter that they are contracting with a credible entity. Abuse of the feedback system will not be tolerated, and negative feedback can only be withdrawn if both parties mutually agree on removal. Negative feedback is very damaging, and should only be left when all measures have been taken to resolve a situation and fail. Feedback is very important for both Shipper's and Transporter's and must be used as a tool for determining the safety of your shipment. Members with excessive negative feedback (15%) will be terminated from the SRN website.