Last Updated: November 25, 2015
You are entering into a binding legal agreement.
) set out the terms and conditions pursuant to which EasyHaul.com, LLC (“EasyHaul”
and Logistics Services Agreement. For the purposes of this Agreement, “EasyHaul” means and includes EasyHaul and its affiliates, subsidiaries, investors, owners, members, officers, directors, employees, agents, representatives, and assigns.
Please be advised that this Agreement affect your legal rights and contain provisions that govern how claims you and EasyHaul have against each other are resolved (see Section 12 – Dispute Resolution). You should read this entire agreement carefully before accepting it. If you object to anything in this Agreement, or otherwise do not understand or agree to be bound by the terms of this Agreement, do not use EasyHaul’s Website. If you use EasyHaul’s Website in any way, you agree to and are bound by this Agreement. You may print a copy of this Agreement by using the print button or feature in the browser. EasyHaul suggests retaining a copy for future reference.
EasyHaul may change this Agreement at any time. EasyHaul will provide you with notice of such changes and it is your responsibility to review any changes to this Agreement. If you object to any of the changes to this Agreement, or otherwise do not understand or agree to any of the changes to this Agreement, do not use EasyHaul’s Services. By continuing to access or use EasyHaul’s Services following notice of any change to this Agreement, you agree to and are bound by this Agreement as changed.
2. ABOUT EASYHAUL AND EASYHAUL’S LOGISTICS SERVICES
2.1. Marketplace. This Website is a marketplace where you can purchase logistics and shipping services. EasyHaul operates as a broker to facilitate your purchase of logistics services, which means that EasyHaul will not transport your vehicle. Rather, EasyHaul will identify and arrange for a third-party carrier to transport your vehicle (“Carrier”).
2.2. Shipping Quotes. Through this Website, you can obtain quotes for EasyHaul’s logistics services. You acknowledge and agree that EasyHaul has no control over the prices and availability of shipping and other services, and that such prices and availability may change at any time without notice. The descriptions and other information related to products and services available through this Website may contain inaccuracies, errors, and omissions. EasyHaul does not guarantee that any quote obtained through the Website will be accurate or complete.
2.3. EasyHaul’s Logistics Services Agreement. You acknowledge and agree that your use of EasyHaul’s logistics services will also be governed by and conditioned you’re your acceptance of EasyHaul’s Logistics Services Agreement.
You agree to receive communications from EasyHaul and any Carrier at the address, email address, and telephone number (including text messages) that you provided at registration. You agree that all notices or communications sent to you via email satisfy any legal requirement that such communications be in writing.
4. YOUR RESPONSIBILITIES AND RIGHTS
4.1. License. During the term of this Agreement, EasyHaul grants you a limited, non-exclusive, non-transferable license to access the Website for your personal and non-commercial use in accordance with this Agreement. EasyHaul may terminate this license without notice at any time for any reason.
4.2. Intellectual Property Rights. The design, trademarks, service marks, and logos of the Website (“Marks”), are owned by or licensed to EasyHaul, subject to copyright and other intellectual property rights under United States, foreign laws, and international conventions. EasyHaul reserves all rights not expressly granted in and to the Website. You agree to not engage in the use, copying, or distribution of any of the Website other than expressly permitted.
4.3. Your Conduct. Except as otherwise specifically provided herein, you may not engage in any of the following prohibited activities: (a) reproducing pictures, descriptions, quote calculator, range and mileage estimator, or other aspects of the Website on any other site; (b) "framing" or "mirroring" of the Website or any material contained on or accessible from the Website on any other server or Internet-based device without the advanced written authorization of EasyHaul; (c) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”; (c) using any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to access the Website; (d) transmitting spam, chain letters, or other unsolicited email; (e) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the
Website; (f) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Website infrastructure; (g) uploading invalid data, viruses, worms, or other software agents through the Website; (h) collecting or harvesting any personally identifiable information, including account names, from the Website; (i) using the Website for any commercial solicitation purposes; (j) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (k) interfering with the proper working of the Website; (l) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; or (m) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the
Service or the content therein.
4.4. Your Access. You must be at least 18 years old to access or use the Website. By accessing or using the Website in any way, you represent that you are at least 18 years of age.
4.5. Your Use. You agree that (a) your use of the Website will be in strict compliance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside), and (b) your use of the Website will not infringe or misappropriate the intellectual property rights of any third-party.
4.6. Your Member Account. If you complete the registration process, you will receive a username and password linked to your account with EasyHaul (“Member Account”). You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username, password, or on your Member Account. You agree to (a) immediately notify EasyHaul of any unauthorized use of your username and password or Member Account or any other breach of security, and (b) ensure that you exit from your Member Account at the end of each session. EasyHaul cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. No Transfer. This Agreement does not transfer from us to you or to any third-party any rights in or to any of our intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with EasyHaul. EasyHaul.com, the EasyHaul.com and EasyHaul logos, and all other trademarks, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of EasyHaul. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third-parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of our or third-party trademarks.
5.2. Copyright Policy. EasyHaul respects the intellectual property rights of others and expects you to do the same. EasyHaul will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to EasyHaul. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information in accordance with the Digital Millennium Copyright Act: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) your contact information, including your address, telephone number, and an
email address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
6. THIRD-PARTY CONTENT
Through the Website, you will have the ability to access and/or use content, material, including computer software, provided by or made available through the third-party websites and services (“Third-Party Content”). EasyHaul cannot guarantee that such Third-Party Content will be free of material you may find objectionable or otherwise. By operating the Website, EasyHaul does not represent or imply that EasyHaul endorses any Third-Party Content, or believes such Third-Party Content to be accurate, useful, or non-harmful. Your access to and use of any Third-Party Content is at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. EasyHaul disclaims any and all responsibility or liability for any harm resulting from your use of the Third-Party Content.
7. GENERAL DISCLAIMER OF WARRANTIES
The Website is provided “AS IS” without any warranties of any kind. To the fullest extent permissible under applicable law, EasyHaul expressly disclaims all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability. You expressly acknowledge and agree that: (a) EasyHaul makes no warranty that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error-free, (iii) the results obtained from the use of the Website will be accurate, reliable, complete, or current (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations, and (v) any errors in the Website will be corrected; (b) any material downloaded or otherwise obtained through the use of the Website is done at your
own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (c) no advice or information, whether oral or written, obtained by you from EasyHaul, or through or from the Website, shall create any warranty not expressly stated in this Agreement; and (d) EasyHaul is not responsible for incorrect or inaccurate entry of information, human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, failures of any telephone network, computer equipment, software, or any combination thereof, or inability to access the Website.
8. GENERAL RELEASE AND WAIVER OF LIABILITY
You acknowledge and agree that your access to and use of the Website is at your own risk. In consideration for providing you with access to the Website, you hereby absolutely and unconditionally release and waive from any and all claims, demands, or causes of action of any kind, nature, or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which you had, now have, or claim to have against us for or by reason of any act, omission, matter, cause, or thing whatsoever arising out of or in any way related to your access to or use of the Website, whether such claims, demands, and causes of action are matured or unmatured, known or unknown, liquidated, fixed or contingent, or direct or indirect.
9. GENERAL LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event shall EasyHaul be liable for: (a) any direct, special, indirect, or consequential damages, or (b) any other damages of any kind, including without limitation loss of use, loss of profits or loss of data, whether in an action in contract, tort (including without limitation negligence) or otherwise, arising out of or in any way connected with your use of or inability to use the Website, including without limitation any damages caused by or resulting from reliance by you on any information obtained from Website (including without limitation Third-Party Content), or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance of the Website.
To the maximum extent permitted by applicable law, you agree to defend and indemnify EasyHaul against any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including without limitation interest which may be imposed in connection therewith), expenses of investigation, reasonable fees, costs, and disbursements of attorneys, counsel, and other experts (at trial and on any appeal), and the cost to EasyHaul of any funds expended arising out of, resulting from, or related to any claim brought by a third-party arising from or relating to your access to or use of the Website.
11. LOCAL LAWS
EasyHaul controls and operates this Website from its headquarters in the state of Washington, USA, and makes no representation that the Website is appropriate, applicable, or will be available for use in other locations. Except as otherwise specifically provided herein, all marketing or promotional materials on this Website are solely directed to persons and entities located in the United States. If you use this Website from outside the United States, you are entirely responsible for compliance with applicable laws, including but not limited to the export and import regulations.
12. DISPUTE RESOLUTION
You and EasyHaul agree that any claim or cause of action arising out of or in any way related to these (or any previous version of these) Terms, your relationship with EasyHaul, your use of (or inability to use) EasyHaul’s Website, or your use of EasyHaul’s Services (as defined in EasyHaul’s Logistics Services Agreement) (collectively “Claim”) will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. This section affects your rights and will have a substantial impact on how any Claim you may have against EasyHaul is resolved.
12.1. Limitations Periods. You agree that regardless of any statute or law to the contrary, any Claim must be commenced within one year after the date on which the Claim accrues or be forever barred. You agree that this limitations period is reasonable due to the nature of the transactions contemplated in this Agreement.
12.2. Applicable Law. You agree that the laws of the State of Washington shall govern this Agreement, your relationship with EasyHaul, and any Claim, notwithstanding of any conflict of laws principles and without regard to your state or country of residence, domicile, or origin, or where you accessed EasyHaul’s website or Services.
12.3. Prevailing Party Entitled to Reasonable Attorney Fees. The prevailing party in any Claim shall be entitled to reasonable attorney fees in connection therewith. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party shall be determined by the court or courts, including any appellate court, in which any Claim is tried, heard, or decided.
12.4. Notice of Dispute Form. We want to avoid litigation, and we hope you do, too. Therefore, if either of us plan to file a lawsuit, we must first send to the other, by certified mail, a completed Notice of Dispute form. The Notice of Dispute form is available here. You should send your Notice of Dispute to us at the following address:
Re: Notice of DisputeC
6168 NE HWY 99 STE 201
Vancouver, WA 98665
We will send a Notice of Dispute to you at the address by you at registration. It is your responsibility to keep your address updated. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If we are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or EasyHaul may initiate litigation.
12.5. Judicial Forum for Claims. Unless you and EasyHaul otherwise agree, you agree that any Claim must be resolved exclusively by the state courts in Clark County, Washington, or federal courts of the Western District of Washington (subject to federal jurisdictional requirements). You consent to venue and personal jurisdiction of such courts for the purposes of litigating all such Claims. To the extent permitted by applicable law, you voluntarily and expressly agree to waive (and/or not exercise your rights under) any statute or law that provides you with the ability to revoke or otherwise invalidate this mandatory forum selection clause (or any portion thereof).
12.6. Violation of this Section. You agree that if you file or initiate litigation or any legal action or proceeding against EasyHaul in violation of and/or without fully complying with this section (including without limitation Sections 12.4 and 12.5), you will cause such litigation or action to be dismissed without prejudice within 15 days of the date of a written request from EasyHaul. Additionally, you acknowledge and agree that any applicable limitations period(s) will not be tolled during the pendency of any such litigation or action. In the event you fail and/or refuse to cause such litigation to be dismissed as required by this section, you hereby agree to pay all reasonable costs and expenses (including without limitation court fees, attorney fees, travel expenses, and other related expenses) related to EasyHaul’s efforts to get such litigation or legal action or proceeding dismissed and/or transferred to a state or federal court located
in Multnomah County, Oregon.
12.7. Service of Process. You agree to the service of process by the certified or registered mailing of a copy of the summons and complaint to the last address provided by you to EasyHaul.
13. GENERAL PROVISIONS
13.1. Survival. This Any rights and obligations which arise from this Agreement shall survive its termination.
13.2. No Third-Party Beneficiaries. You understand and agree that, except as otherwise expressly stated in this Agreement, this Agreement creates no third-party beneficiary rights.
13.3. No Joint Venture. You acknowledge and agree that no independent contractor, partnership, joint venture, employer-employee, principal-agent, or franchiser-franchisee relationship is intended or created by this Agreement or your use of EasyHaul’s Services. As such, you shall not have, or hold out to any third-party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding on EasyHaul, except as provided herein or authorized in writing by EasyHaul.
13.4. Confidentiality. The Parties shall keep in confidence and not disclose to any third-party, the terms of this Agreement, nor any confidential or propriety information about the other party, including but not limited to rates, value, origin, destination, or destination, customer or consignee of any shipment hereunder. The Parties may disclose such terms and information to the extent required by law, or to obtain financing, or to accountants and auditors to the limited extent of their needs to assess the accuracy of freight bills.
13.5. Waiver. EasyHaul’s failure to enforce a provision of this Agreement is not a waiver of its right to do so later. No waiver shall be binding on any party unless signed by the waiving party.
13.6. Severability. If any provision (or portion thereof) of this Agreement is found by an arbitrator or a court of competent jurisdiction to be unenforceable, such provision (or portion thereof) will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. If an arbitrator or a court finds the modified provision to be unenforceable, the enforceability of the remaining provisions of this Agreement will not be affected in any way.
13.7. Entire Agreement. Except as otherwise specifically provided herein, this Agreement constitutes the entire agreement between you and EasyHaul with respect to your use of the Website, and replaces and supersedes any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. There have been no representations, warranties, or promises outside of this Agreement.
13.8. Contact. You may contact EasyHaul in any of the following ways:
+1 (360) 597-9320
6168 NE HWY 99 STE 201
Vancouver, WA 98665