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Terms Of Use Shipper

HAULEET TERMS OF USE SHIPPER


Last Updated Dec 30, 2020. Effective Jan 1. 2021.

Please read these Terms of use ("Terms") keenly before using Hauleet's website which explains the terms of use by which ("Hauleet") provides to users, as Carriers and Shippers, access to its website https://hauleet.com/ (the "Site") and all its associated platforms.

Hauleet provides digital brokerage services to link Shippers with Carriers for over the road freight transportation, whereby Shippers can submit a request for the transportation of their freight ("Shipment"). We do not evaluate the appropriateness, regulatory compliance, legality, quality, and ability of any Shipper or any shipped products planned using our website, and we also do not give any warranty of such.

If you register with Hauleet, use and access our service, it means you consent to our Terms of Service, on behalf of yourself and the organization that you represent, and this means you have the authority and ability to do so on behalf of yourself and organization that you represent. We do not allow users who are not at least 18 years old to use our services.

By using our website, you consent that you have read and accepted our terms of use, including the policies and conditions associated with or otherwise referenced here, all of which are therefore incorporated into Hauleet Terms of service.

For more details on how we gather, use, and disclose User's information about our service, kindly refer to our Privacy Policy at https://hauleet.com/privacy_policy.html, which is updated from time to time.

In case you disagree with our terms of use, you should not use our website and other associated platforms, in which case you will not be able to use or access our services.

TERMS DEFINITION


   Hauleet

Hauleet is a federally licensed freight broker under powers given by the Federal Motor Carrier Safety Administration ("FMCSA") of the USA Division of Transportation as characterized by 49 USC §14706. Hauleet sole commitment is to organize the transportation of freight by a Carrier that is fitting and approved to work by all relevant legislative organizations.

As a freight broker, Hauleet does not collect, control, or take custody of any freight. Hauleet does not accept any risk, commitments, and accepts no financial accountability at all, for freight, including robbery, loss, harm, or delivery delayed thereof.

Hauleet offers web and mobile application platform to interface Shippers and Carriers, yet doesn't give actual transportation services in any capacity as a Carrier. It is the Carrier's responsibility to provide transportation services, which might be booked using our web or mobile application. Hauleet does not reserve any obligation regarding transportation services given to you as a Shipper by any Carrier.

   User

A User is any person or business and can be a Shipper or a Carrier.

   User information or conten

User Content means any information (including data, textual, audio, and visual content, commentary, and feedback) related to Hauleet service, ratings, reviews and other content that a User submits to, or uses with, the service. User Content includes the information provided in a Shipment request or acceptance.

Hauleet and the User are independent contractors, except to the extent which law allows, no agency, partnership, joint venture, employee-employer, and this Agreement creates a franchisor/franchisee relationship.

   Carrier

A Carrier who uses our website means motor carrier under the 49 USC §14706, and they are an independent entity and remain exclusively liable for training, selecting, recruiting, supervising, assigning, overseeing, and dispatching its drivers and also for the maintenance and inspection of its vehicle accessories and equipment.

Each Carrier is exclusively liable for its exclusions, preparing, actions, oversight, consistency with administrative and safety prerequisites, and all management of Carrier's equipment, drivers, contractors, workers, servants, and specialists.

Based on strategies and results through which a Carrier carries its freight transportation services, it maintains its obligation to give and retains, manage, and run the equipment, expertise, and personnel necessary to transport your freight. Hauleet is not a representative of any Carrier, and no Carrier is a representative of Hauleet. We are not responsible for any carrier and transportation services given to any shipper and any other third-party through our services.

   Shipper

You warrant that you possess, own, and in any case, have privileges to ship freight, you look to transport provided by Hauleet.

SHIPMENT REQUESTS


Hauleet offers web and mobile platform through its Site or other web or mobile channels, where you can submit your Shipments proposal.

Details required as a part of shipment request include:

   Shipment origin and destination addresses

   Shippers and consignee details

   requested dates for Shipment pickup and drop-off

   Shipment description

   precise equipment requirements

   any other details needed for the proper and secure freight transportation.

Hauleet will not be liable for any terms between you and any Carrier for shipment. Once Hauleet agrees with a posting of delivery, the shipment's information will be presented on the Hauleet platform.

Through our website, carriers can view the Shipments list and accept shipment at any time they want. On acceptance of a Shipment, the Carrier will be assigned the Shipment transportation. Upon a Carrier's acknowledgment, Hauleet will inform Shipper that the shipment has been accepted and subsequently Hauleet would provide update of all Shipments through the platform notification. Hauleet does not guarantee that a Carrier will accept the delivery.

DELIVERY PROOFS


At the end of a Shipment, Hauleet closes the shipment and confirms the receipt electronically through a verification code.

Digital provision of Shipment Docket, Trip Report, Proof of Delivery on Hauleet web, and mobile application platform will in no way change or place any legal and contractual liability on Hauleet, nor does Hauleet absolve the Carrier's duties and obligations under the 49 USC §14706 or this Agreement.

RESPONSIBILITIES


   Warranty and Representations

       You warrant and represent the following as Hauleet user:

    You will not use services offered on by Hauleet to ship illegal freight or product

    You own and have rights to the shipped freight

    You accept that Hauleet will not be liable for destruction, theft, damage, delayed, and loss of any freight delivery

    You are exclusively accountable for obtaining any first-party insurance to cover any anticipated freight loss

    You are responsible to ensure all information posted on our platform is true at all times.

    Status Verification

Most Shipment status are digitally verified, and it is mandatory at all time to update the status of the Shipment for enhanced visibility and payment calculations. There are four status that is verified through a code sent to either the pickup or the delivery representative. Shipper or their representatives are responsible to be available to provide the verification codes to the Carrier at every point needed for status update.

    Arrived at Pickup Facility

    Loading Complete

    Arrived at Delivery Facility

    Delivered

All other status updates are mandatory, however, needs no code for updation.

   Description and Disclosure of Shipment Process

You shall disclose all information reasonably necessary to Hauleet for the arrangement of transportation in compliance with applicable legal, regulatory, and industry values. You are also responsible for giving accurate details of Shipment without any limitation.

   Shipping Documents

Hauleet does not allow anyone to put its name in any receipt, lading bill, or other shipping documents. If you do so, such addition will be for your ease and will not work to modify Hauleet status as a Broker or the state of the Carrier's as responsible Carrier. All document related to the Shipment is digitally generated for the ease of the Users. The shipping report provisions set out to be utilized by a Carrier, or you cannot change or adjust any term of use or add any obligation or duty to Hauleet.

SELECTING CARRIER


Hauleet form and follows composed strategies to assess Carriers preceding. We continue to evaluate Carriers at specific stretches, as set out by Hauleet internal risk administration and Carrier choice strategies, which might be changed now and then with or without informing Carriers and Shippers. Hauleet is not liable for any omissions, and Carriers acts, however, Hauleet would ensure updates and communication is passed to the Shipper at all times. We offer our Shippers and Carriers methods to review or rate one another and avail the ratings to different users.

COMMUNICATION SERVICES


By using and accessing Hauleet services, you consent to receive emails, phone calls, SMS and push notifications from our service providers, which can be generated by an automatic telephone dialing system. Communications include but not limited to permissions request, informational content about our services, updates, and promotional or advertising messages.

You understand and agree that your permission to receive such communications is not a guarantee of any services. You may not opt-out of text messages or email communications from Hauleet as these are needed for your notification on service delivery. You may however opt-out of newsletters communications and promotional emails from Hauleet any time by clicking unsubscribe feature in the email and following instructions prompted.

TERMS OF PAYMENT


You are aware, and consent that the use of Hauleet services will incur charges to you for the services offered, and Hauleet will receive and process your payment of the applicable charges for services acquired through our web and mobile platform as required by the law under the 49 USC §14706 or this Agreement.

You will pay fees to Hauleet for every freight Shipment cited suitably, for every Shipment service received "freight charges," also, you will pay for extra charges you may acquire identified with the Shipment service. The fees will be inclusive of taxes. We reserve the right to change and update prices for our website services without notice to users now and then at our discretion.

You authorize Hauleet to send instructions to the financial institution that issued your card to take payments from your card account in accordance with the Terms of this agreement.

Actual payment of each booking by Shippers is post matching confirmation except for Shippers that qualify for a credit line which is due in 30 days unless otherwise agreed by both parties, and also the failure to make the payment on time or default payment will attract a fee of 12% interest per annum or the legal maximum rate allowed by the law. If Hauleet is not able to collect all incurred charges for your expenses and costs because of insufficient funds, you will be responsible for all costs and expenses associated with the Shipment, attorney's fees, and third-party collection agency.

Customers within the U.S. and its environs will be paying accessorial charges as follows:

   Posted Shipment cancellation is free anytime if the shipment is unmatched with a Carrier.

   Cancellation done in less than 6 hours before the commencement of the matched trip attracts a fee of US$50.

   Detention at either pick up location or delivery location is charged at US$55 every hour up to a maximum limit of 5hours following two hours of loading or unloading time.

   Truck Order Not Used (TONU) is claimed at US$275.

   Additional charges will apply to any impromptu route deviation. For clarification and amounts charge, please email shipper@hauleet.com with the subject “Impromptu Deviation” and the load number or details.

   Additional Services rates are as per the following: US$60 for loading or unloading.

   Some other accessorial or comparable charges not limited to the above that are brought about by the Carrier on the Client's shipment will be charged to and paid by Shipper.

You comprehend and consent that cost of Shipment provided to you for particular transportation might be increased or decreased without notice at any specific time except if and when acknowledged by your official transport booking officer. Any agreed freight prices will not make a difference to any future shipments you may look to book with Hauleet, as the expenses of services advance after some time and are liable to changing economic situations. Shipment charges are non-refundable.

REFERRAL AND PROMOTIONAL PROGRAMS


Shippers earn points as their referral program grows. All referral points are credited into the Hauleet wallet after the execution of the first transaction from the referred and are only utilized when the Shipper engages in a transportation service. All points earned per referred is redeemed per Shipment transaction. Referral points are only applicable to the first transaction of the referred. Maximum utilization of referral points is 50% of the Shipment value to be posted. Referrals may be discontinued by Hauleet at any time for any reason without liability to Hauleet. Hauleet reserves the right to deduct or withhold credits or benefits obtained through the use of the referral system or Promo Codes by you or any other User in the event that Hauleet determines or believes that the use of the referral system or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Hauleet’s Terms.

ACCESS


Hauleet reserves authority to deny services, close accounts, alter the content and cancel orders in its sole carefulness. We reserve all authority to correct and withdraw any services we offer on this Site, at our discretion without notice. We will not be liable for any conditions at all, or any part of the Site that is inaccessible at any period.

Hauleet may limit access to certain parts of the Site from time to time, or the whole Site, to anybody. We additionally have the authority to impair any account, password, username, or other identifiers, regardless of whether picked by you or given by us, whenever in our sole discretion for any or no explanation, including if, as we would see it, you have disregarded any conditions of Hauleet Terms of Service.

USER CONDUCT AND REQUIREMENTS


Hauleet services are prohibited for individuals under the age of 18 years. Users cannot allow third parties to use their account or allow persons less than 18 years to receive transportation services from third-party providers unless you accompany them.

Shipper cannot transfer or assign your account to another entity or individual. The user also consents to comply with applicable regulation and laws when accessing Hauleet services and agrees to use our services for legal purposes only.

DEVICES AND NETWORK ACCESS


You are liable for having the data network access that is compatible with our services and updating your devices for easy access to Hauleet services. Messaging costs, charges, and mobile network data apply when you use your device to access Hauleet services.

Hauleet does not guarantee the user that our services will work on any particular device. Also, Hauleet services might be subject to delays and malfunctions associated with the use of electronic and internet communication.

INSURANCE


Hauleet may secure additional amounts for insurance coverage upon request that surpass limits defined by the FMCSA regulations for a Broker, and the cover proof will be as an insurance certificate given on your request. Hauleet most liability or responsibility to Shipper or Carrier will be constrained to Hauleet protection privacy policy and as per this Terms of Service.

LICENSE


In compliance with our Terms of Use, Hauleet gives you a limited, revocable, non-sublicensable, non-exclusive, non-transferable license to:

   access and use the web and mobile platforms exclusively in connection with your use of the Hauleet Services.

   access and use of any details, content, and related materials that might be made available through Hauleet services, in each case solely for your personal, noncommercial use. Any rights not particularly approved in this Agreement are reserved by Hauleet licensors.

CHANGES TO THE AGREEMENTS


We have the authority to change or alter these Terms whenever and at our sole discretion. We will give notice whenever we make any changes to our website by posting a notice on our Hauleet Site and updating the "Last Updated" date above. Your persistent use of the Hauleet Site following the posting of changes or alterations will affirm your acknowledgment of such changes or adjustments. If you disagree with the altered Terms, you should quit using our Site.

APPLICABLE LAW


Except for or else stated in Hauleet Terms and the internal federal law of the U.S, your use of Hauleet services is governed by and deemed executed in the State of Delaware and shall be interpreted, in the event of a dispute arising hereunder, under the laws of Delaware. This is Subject to any dispute arising in this Agreement, without a view to its option of principles of law.

In case of any party’s litigation towards the Hauleet Agreement, the parties agree to offer to the individual and limited authority for such action in the U.S. District Court.

OWNERSHIP


All services and privileges covered in this Agreement shall and will be Hauleet property. Neither your use of our services nor this Agreement gives you any privileges to use any Hauleet logos, names, service names, marks, and trademarks.

PROHIBITED USES


You may only use the Hauleet just for legal purposes and as per the Terms. You consent not to use the Hauleet Site:

   In any way that disregards any State, international, local, and federal laws and guidelines of the U.S.

   To transmit, or acquire the sending of, any publicizing or promotional material without our prior written assent.

   To imitate Hauleet, our workers, another client, or some other individual or business, including, without constraint, by using email addresses, phone numbers, or screen names related to any of the prior, or in any case submitting false data.

   To participate in whatever other lead that limits or hinders anybody's use or satisfaction of the Site, or which, as controlled by us, may harm Hauleet users.

USER ACCOUNT


You are in charge of safeguarding your password and account information on the Site. You are also liable for limiting access to your access devices used on Hauleet, and you consent to acknowledge duty regarding all exercises that happen under your account.

INFORMATION PROTECTION AND SECURITY


We take applicable measures to secure your data because your personal information is essential to Hauleet. We use HTTPS communication together with SSL encryption to get your location information. All location information is kept securely through the use of technology and security features created to keep your location data safe.

For more information about data security and protection, please refer to Hauleet Privacy Policy at https://hauleet.com/privacy_policy.html.

THIRD-PARTY SITES


Our website may contain links for different third-party services and commercials. Such Sites are not heavily influenced by us, and Hauleet will not be answerable in case of anything. Hauleet does not review, affirm, monitor, support, warrant, or make any representations for any third-party sites. You use all such sites at your own risk. Ensure you have enough trust before continuing with any transaction regarding such sites.

LOCATION INFORMATION


The information provided by the Hauleet is for primary location purposes only. It is not supposed to be depended upon in circumstances where exact location details are required.

Hauleet and any of its content providers guarantee the accessibility, exactness, reliability, completeness, and timeliness of location information showed by our website, regardless of whether given by Hauleet, third party providers, and Hauleet users.

INDEMNITY


   Hauleet Indemnification

You consent to guard, hold and indemnify Hauleet and its officials, representatives, and operators harmless, together with expenses and lawyers' charges, from any case or request made by any third party as a result of and emerging from your:

   Utilization of the service

   User information

   Communication with another user

   Infringement of these terms

   Breach of applicable laws or guidelines

   User shipment

Hauleet reserves the right, to your expense, to accept the restrictive defense and be in charge of any issue which you are required to indemnify Hauleet and also you consent to help out our company during such cases.

must have our written consent to settle any issue. Upon being aware of any such case, activity, or proceeding, Hauleet will use reasonable efforts to inform you.

   Indemnification of Shipper

Through Hauleet terms which apply to Carriers, Carrier consent to indemnify and hold Shipper and your officials, representatives and agents harmless, including expenses and attorneys' fees, from all harms, cases, and loss emerging out of its out of its presentation of our Terms of Use, to the degree such damages, claims or loss are caused about by the carelessness of the Carrier workers’ or operators’. However, Shipper’s indemnification under this paragraph will not apply to the extent that any claim is directly and indirectly caused by the negligence or other wrongful conduct of the party to be defended, indemnified, or held harmless. Shipper hereby waives any exclusive indemnity to the extent necessary to execute Shipper’s obligations under this provision.

DISPUTE RESOLUTION


In the event of any dispute arises as a result of this Terms, or the termination, enforcement, interpretation of the services, Disputes shall be exclusively settled through binding and confidential arbitration between you and Hauleet. This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury or class actions, and also limits the remedies available to you in the event of a dispute.

Arbitration shall be administered under Federal Arbitration Act before an experienced commercial arbitrator from the American Arbitration Association (“AAA”). Arbitration proceedings shall be conducted in the Court of Chancery, Delaware, U.S., or at such place as mutually agreed upon in writing by the parties. Each party is entitled to a fair hearing, and the arbitration procedures are simpler and limited than rules applicable in court. Arbitrator decisions are binding and final and enforceable as any court order. The prevailing party shall be entitled to recovery of costs, expenses, and reasonable attorney fees as well as those incurred in any action for injunctive relief, or in the event further legal action is taken to enforce the award of the arbitrator.

Prior to the arbitration process, initiating party agrees to notify the other party in writing of any dispute and to proffer negotiation through informal resolution. Any party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration in accordance with the AAA Rules. All notice to Hauleet must be sent to Hauleet Inc, Attn: Legal Department, 1421 Di Orio Dr., Lewisville, Texas 75067-4254. Neither party shall initiate arbitration until 30days after the notice is sent.

Each party may also proceed to bring individual actions in small claims court where reasonably expected damages are less than $5,000.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms. This section does not apply to claims you may have against a Carrier.

DISCLAIMER


You comprehend that we cannot and do not guarantee or warrant that data or records downloaded from the Hauleet Site will be free from viruses or other damaging code. You are answerable for executing adequate methods and checkpoints to fulfill your specific prerequisites for accuracy of the information and anti-virus protection input and output.

We won't be responsible for any loss and harm brought about by a virus or circulated denial-of-service attack that may infect your P.C., programs, or information because of your use of our webpage or any services or things acquired through the Site or to your downloading of any material posted on it, or any site connected to it.

Your use of the Hauleet Site, its content, and use to request and schedule transportation services with other users acquired through the Site is at your own risk, except when explicitly provided. The Site, its content, and any services got through the Site just as User-Generated content is given on a "with no guarantees" and "as available" premise, with no guarantees of any sort, either express or inferred.

Neither Hauleet nor any individual related to us make any guarantee to the security, quality, precision, reliability, transportation services, or accessibility of the Site.

Hauleet disclaims all guarantees of any sort, regardless of whether express or suggested, legal, or something else, including yet not constrained to any warranties of merchantability, non-encroachment, and readiness for a specific reason.

We are not associated with the transportation of freight; therefore, we have no power over the quality and safety of any vehicle, freight transportation that happens because of our service, either do we have any control over the accuracy of clients' data recorded on Hauleet. We reserve the authority to change any content and software used or contained in the Hauleet website at any time without notice.

LIMITATION OF LIABILITY


In no occasion will Hauleet or Shippers, Carriers, or third parties given data on this Site or through different channels, including however not restricted to, telephone and email, be obligated to you or any client of the locales or some other individual or business for any immediate, incidental, uncommon, consequential, or cause harm out of the use or inability to use the Hauleet website or any data contained in it, including Client created content, regardless of whether dependent on warranty, Agreement, tort, or something else, regardless of whether Hauleet has been educated concerning or ought to have known about the chance of such harms.

You, therefore, recognize that the first restriction on risk will apply to all User-generated content, items, and services accessible through the website or different channels related to Hauleet.