The following describes the terms and conditions which DashHaul.com offers you access to our site, services, applications, electronic data interchange, mobile sites and tools (collectively, the Service).
Welcome to DashHaul.com. By using DashHaul.com and its related sites, services, applications and tools, you agree to the following terms and general principles for our site. By accessing, viewing, or using the content, material, or services available on or through the Service, “you” indicate that you have read and understand the Terms and Conditions herein and as they may change from time to time and that you agree to them, to be legally bound by them. “You” or “you” refers to the individual using the Service and if You use the service on behalf of a corporation, LLC partnership, or other business entity, then You shall include that business entity and any individuals associated therewith using the Service, If You are using the Service on behalf of a business or other legal entity, You are nevertheless individually bound by these Terms and Conditions even if your company has a separate agreement with DashHaul.com. For purposes of these Terms and Conditions, DashHaul.com shall include any parent, subsidiary, or affiliated company. Once You accept the Terms and Conditions of this Agreement, after clicking I Agree, You hereby agree and acknowledge that at anytime and in our sole discretion, we may effectively modify the Terms and Conditions of this agreement by posting the modified Agreement with its new Terms and Conditions on the DashHaul.com website. All modified Terms and Conditions are effective immediately after they are posted to DashHaul.com.
Please be advised: This USER AGREEMENT contains provisions that govern how claims you and we have against each other are resolved (see Limitation of Liabilities and Legal Disputes Section). It also contains an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate. Unless you opt-out: (1) you will only be permitted to pursue claims against DashHaul.com on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
DashHaul.com is a Neutral Venue. DashHaul.com is not a Transportation Service Provider (TSP), freight broker or freight forwarder. Our site acts as a venue where shipping customers and TSPs can meet and enter into agreements. We are involved in the actual transaction between shipping customers and TSPs. As a result we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. DashHaul.com does not prequalify or validate the claims of TSPs including with respect to their licensure, insurance and registration. We and our website function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between shipping customers and TSPs, we have no control over the accuracy of listings, the ability of TSPs to transport items, or the ability of customers to send items. We cannot ensure that a shipping customer or TSP will actually complete the shipment.
While using DashHaul.com sites, services, applications, and tools, you will not: Post content or items in inappropriate categories or areas on our sites and services; violate any laws, third party rights or our policies; use our sites, services, applications, or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications, or tools; fail to deliver payment for services purchased by you, unless the carrier has materially changed the description of equipment after you bid, a clear typographical error is made, or you cannot reach the seller; fail to deliver services purchased from you, unless the buyer fails to meet the conditions of posted items, or you cannot reach the buyer; manipulate the price of any serviceable item or interfere with other users’ listings; circumvent or manipulate our fee structure, the billing process, or fees owed to DashHaul.com; post false, inaccurate, misleading, defamatory, or libelous content; take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to DashHaul.com; circumvent any DashHaul.com policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions; transfer by any manner any DashHaul.com application or your DashHaul.com account (including Feedback) and user ID to another party without our consent; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm DashHaul.com, or the interests or property of DashHaul.com users; export or re-export and DashHaul.com applications, or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; copy, modify, or distribute rights or content from the DashHaul.com sites, services, applications, or tools or DashHaul.com’s copyrights and trademarks; commercialize any DashHaul.com application or any information or software associated with such application; or harvest or otherwise collect information about users, including email addresses, without their consent.
Security and Password Protection. You agree that you are responsible for maintaining and protecting the security of your account and password. You further agree that DashHaul.com is not liable for any loss or damage resulting from your failure to comply with this security obligation. You agree that your login may be used only by one person. A single login shared by multiple people is not permitted. You will refrain from charging anyone for access to any portion of DashHaul.com, or any information therein. You will not allow non-registered users access to the Service nor share any information from the Service with non-authorized users. Further, you agree you are fully responsible for anything that happens through your account.
Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors or to temporarily or indefinitely suspended DashHaul.com members. You acknowledge that you are at least 18 years of age. Minors may only use this service in conjunction with their parents or guardians. Your DashHaul.com membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Members who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the website is for services only and that work that you provide will only involve services. You agree that you will not use your participation in the DashHaul.com website as a means to sell or market any types of goods or products, unless specifically allowed by DashHaul.com.
Holds. To protect against the risk of liability, DashHaul.com has at times requested, and may continue to request, that PayPal hold seller funds for up to two (2) days based on certain factors, including but not limited to, selling history, seller performance, riskiness of the cargo, value of cargo, electronic or analog proof of delivery, completion of delivery or the filing of a claim. PayPal has held and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.
Fraud. DashHaul.com may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our website. Members may not manipulate the offer prices for any shipment or interfere with other members’ listings or transactions. Other fraudulent acts:
Fees: You shall NOT:
- Charge to, or in any way attempt to collect from members, as an additional charge to the total amount agreed upon for the services, the DashHaul.com Match Fee or;
- Charge members a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on the DashHaul.com website (given that particulars of the service requested are materially the same as those requested on the DashHaul.com website). Your accepted offer price must include ANY and ALL charges, including any taxes, fees, etc.;
- Represent or communicate to members that you are to collect the DashHaul.com Match Fee;
- Cause another person or entity to engage in any conduct, act or behavior intended or designed to circumvent or avoid, in any manner, our right to the DashHaul.com Match Fee;
- Enter into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a member, that circumvents or avoids our right to a Match Fee;
- Communicate or correspond whether by written, verbal, or electronic means, with a member, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a Match Fee.
Feedback. For each DashHaul transaction, the shipping, broker, and carriers are allowed to rate each other by leaving feedback for one another. The DashHaul Feedback system is based on the Five Star rating system and consists of leaving one rating (positive, negative or neutral), along with a short comment about your experience. For example, the stars in the Five Star rating systems are given a value from zero (0) or no stars, to five (5) stars. A user with complete satisfaction with the TSP will indicate their satisfaction with a five star rating. A user with complete dissatisfaction with the service of a TSP will indicate their dissatisfaction with a rating of zero (0). Brokers and carriers are also encouraged to leave feedback about shippers under the same rubric. Each member’s overall feedback score is the difference between the number of users who have left a positive rating and the number of users that left a negative rating.
Manipulate Feedback: You acknowledge and agree that the DashHaul.com website is a neutral venue and that all transactions for services are made by and between you and other members only and, therefore, we cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the website is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the website, YOU SHALL NOT:
- Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member;
- Post and/or cut and paste and/or copy the content of a member feedback review from the DashHaul.com to your own personal or business website, to any other third party web site and/or on any of your own personal, business or third party marketing/advertising materials regardless of form;
- Post or attempt to post, in any manner or by any means, a feedback review on your own account.
Resolving Feedback Disputes. To maintain the integrity of the feedback system, feedback left for a member is a permanent part of that member’s profile. Feedback comments cannot be edited at a later date. Members should resolve any misunderstandings prior to leaving feedback since most misunderstandings can and are resolved quickly through direct communication. There may be times when you are unhappy with, disagree with, or regret feedback that you left for another member, or that may have been left for you. If you have a disagreement over feedback that has been left, you have options to respond.
- Reply to Feedback Received. Share your side of the story by responding to any comment that has been posted for you. Your response will be shown directly below the comment left by the other DashHaul member.
- Feedback Comment Withdrawal. DashHaul will remove individual feedback comments only in very rare circumstances, such as when they violate certain DashHaul policies. Other situations where DashHaul will remove feedback include: feedback containing vulgar language or other personal contact information, and instances when DashHaul receives a valid court order to remove feedback.
Off-Site Communications. DashHaul.com prohibits offers by its members to transport listed shipments, or to offer listed shipments for transport, outside of the DashHaul.com website. Offers of this nature circumvent DashHaul.com fee structure and are a potential fraud risk for both shipping customers and TSPs. Some examples of off-site offers include:
- Entering personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, in the listing. “Additional Information” sections, username, discussion forums, shipment listing, or shipment description.
- Using personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, obtained through DashHaul.com question and answer system, profile section, “Additional Information” section username, discussion forums, shipment listing, or shipment description to offer to deliver a listed item off-site or to offer a shipment for delivery off-site.
DashHaul.com reserves the right to amend, edit, or delete any personal contact information that members submit on our site. DashHaul.com reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.
Cross-Border Trade. Many of our sites, services, applications and tools are accessible to international buyers and sellers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools.
Fees and Services. Joining DashHaul.com posting equipment intended for service and bidding on listed equipment is free. The fees we charge for using our services are listed on our FEES SCHEDULE, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days’ notice by posting the changes on DashHaul.com. We may choose to temporarily change the fees for our services for promotional events (for example, first 50 miles free days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites or in our applications. Unless otherwise stated, all fees are quoted in United States Dollars. You are responsible for paying all fees and applicable taxes associated with our sites, services, applications, and tools with a valid payment method by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) In addition you will be subject to late fees and we may suspend or restrict you from using the sites, services, applications, and tools until full payment is made.
Match Cancellations and Account Credits. A “Cancellation” occurs when either party has to cancel AFTER an offer was accepted on DashHaul.com but BEFORE any services are performed. After a bid is accepted and the two parties electronically communicate, occasionally one or both of the parties determine that they cannot complete the transaction. Cancellations should only be after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on DashHaul.com will not be performed. When you request a cancellation, the other party will be notified and will have a reasonable amount of time to respond by either:
- Accepting the cancellation and your reason;
- Accepting the cancellation but providing their own reason and/or comments; or
- Disputing the reason for cancellation and requesting review by DashHaul.com staff.
If your Request for Cancellation is accepted by the other party, the match will be canceled and the shipment can either be reposted or deleted. If your Request for Cancellation is disputed by the other member, then the request will be sent to DashHaul.com and a determination will be made on allowing or not allowing the Cancellation. If the other party does not respond within an allotted period of time, the cancellation and reason will be automatically accepted (Case a). Once a cancellation is accepted, the customer deposit and/or the Service Charge will be applied as a credit to the shipping customer’s DashHaul.com account.
Every member is allowed 1 (one) free cancellation for every 10 matches (10%) on DashHaul.com. The Excessive Cancellation Surcharge will not begin until the tenth successful match. Each Excessive Cancellation, above the 10% threshold is considered to be excessive, or above marketplace norm and will be displayed in the user’s profile. DashHaul will determine the excessive cancellation/match rate based on both the TSP’s previous 12 month cancellation rate on DashHaul. Only if both rates are above 10% will the TSP receive an excessive cancellations flag. TSP’s that have excessive cancellations may be charged a higher matching fee than other TSP’s. To determine the excessive cancellation surcharge we will use the lower percentage of the previous 12 month or lifetime cancellation rate. For example, if a TSP has a lifetime cancellation rate of 15% and a past 12 month rate of 20%, then the user will have excessive cancellation rate of 15%. Cancellations do not affect the overall feedback score or the % positive.
TSP’s that have Excessive Cancellations at the time of an accepted offer will have a variable surcharge to their match fee, in proportion to their current ratio of cancellations to matches. The fee schedule is as follows:
|Excessive Cancellation Surcharge Schedule||Cancellations/Match Rate Match Fee Surcharge|
|0-10%||No Additional Fee|
DashHaul takes abuse of the Cancellation process seriously. This includes submitting false or exaggerated reasons, attempting to cancel matches that have already occurred or are expected to occur, or colluding with other members to abuse the process. A member that is found to be abusing the process will automatically have their cancellation request denied, may be subject to additional fees and penalties, and may have their account immediately deleted or suspended.
Dispute Resolution. Disputes between you and DashHaul regarding our services should be reported to DashHaul Member Support. We will attempt to resolve any disputes you have with us. Because we are a neutral venue (explained supra), we are not responsible for resolving any disputes between you and members regarding services. If you report a dispute with DashHaul, we will make every effort to help both parties communicate; however, all disputes must be resolved directly between you and the member(s) involved. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle a dispute, You expressly authorize us to release your provided contact information to the customer and you agree to release us from all and any liability associated therewith. We encourage you to report all member-to-member disputes to law enforcement officials or a certified arbitration or mediation entity. We do not specifically endorse any such third party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
Protection of Intellectual Property Content. The DashHaul website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code (“Intellectual Property Content”) all of which, unless otherwise indicated and/or provided pursuant to third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyrights under the copyright and trademark laws with regard to the “look”, “feel” , “appearance” and “graphic function” of this website including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use our (or any third party’s) Intellectual Property Content. You shall not reproduce, modify, display, sell. Or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks, and copyrights are held by their rightful owners.
Trademark and Domain Name Protection. The DashHaul website contains trademarks, tradenames, trade dress, service marks, domain names or other indicia of ownership (collectively the “Marks”) owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Agreement, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of the Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.
Carrier Transportation. You must legally be able to transport shipments tendered through DashHaul.com. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including local, state and federal licensing requirements. You must describe your offer and all terms of your services in the CARRIER PROFILE section of our website. You acknowledge that the DashHaul.com website exists for members to make a fully informed decision about your services offering, policies and procedures.
Information You Submit. You solely are responsible for any information you provide to us or other users in the registration, shipping, or transportation process. Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing DashHaul.com transaction fees. Information may not contain any viruses, or other malware that may damage or interfere with our website. Furthermore, you may not list any shipment or trip on our site that, by paying us a Match Fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our Prohibited items terms. You authorize DashHaul.com to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website acts as a passive conduit for any and all communication and/or distribution of information. We have no control over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication that you may post to the website that is in violation of this Agreement, illegal threatening, or lewd. You acknowledge and agree that this website acts as a passive conduit for any of your on line communication or distribution of content or information.
Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same. You grant to us, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
- Will not violate any international, federal or state law, regulation, rule, or statute;
- Will not violate the terms of this agreement;
- Will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights;
- Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
- Will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about DashHaul.com employees, agents, other members, or the marketplace itself;
- Will not contain any computer hardware or software, viruses, Trojan horses, worms, or any other computer programming that may interfere with the operation of our website, operation of any of our systems and or create or impose a large burden or load on our website;
- Will not scan or test vulnerability or security of our website or the system within which it operates;
- Will not be used for commercial or public purposes outside of the requirements of this Agreement;
- Will not create liability for us in any manner whatsoever;
- Will not frame or link to our website without our written permission; and
- Will not involve the upload, or insertion of, any programming language or code into or onto, our website.
You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
Indemnity. You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any and all claims or demands, actions, suits proceedings, damages, settlements, judgments, injuries, losses, risks, costs, and expenses, including reasonable attorney’s fees, made by any third party due to or arising out of your breech of this User Agreement, your improper use of DashHaul.com’s sites, services, applications, or tools, and/or your violation of any law or the rights of a third party. Furthermore, you agree to hold us harmless for any action relating to or arising from the Service, your use of the service (or any derivatives of the Service offered to you) or any use under your password whether or not authorize by you, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions, including, but not limited to, your use of our site, uploading, emailing, posting, publishing, transmitting or submitting any content, or any misrepresentation, breach of warranty or certification made by you.
No Agency. No agency, partnership, joint venture, employee-employer, franchiser-franchisee, contractor (independent or otherwise) relationship is intended or created by this User Agreement. Furthermore, no affiliation, association or connection exists between you and the DashHaul, Inc and DashHaul.com.
Release. Should you have a dispute with one or more DashHaul users, you release DashHaul, Inc., its officers, directors, agents and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in anyway connected with such disputes.
No Warranty. DashHaul, our employees, and our suppliers provide services without any warranty or express implied statutory conditions. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Limited Liability. In no event shall we, our employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, our services or this agreement however arising, including negligence. Our ability and that of our employees and suppliers, to you or any third parties in any circumstance is limited to the greater of the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and $75.
Arbitration. Any legal claim arising out of or relating to the Agreement or our services, excluding legal action taken by DashHaul to collect our fees and/or recover damages for, or obtain an injunction relating to, the DashHaul site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Chicago, Illinois, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Taxes. You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site.
Record Keeping/Audit. We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
Mobile Services. The service may provide certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from DashHaul.com and access certain other features (collectively, the Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees may apply to your use if the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices, Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services and how much they will cost you. By using the Mobile Services, You agree that DashHaul.com may communicate with you by SMS, MMS or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to DashHaul.com. In the event you change or deactivate your mobile telephone, you agree to promptly update your mobile subscription account information with us to ensure that the messages DashHaul.com intends to send to you are not sent to another entity who acquires such mobile telephone or number.