TERMS & CONDITIONS FOR USING DIY AUTO SHIPPING'S SERVICES
Thanks for choosing DYI Auto Shipping (“DIY”, “we”, “us”, “our”). By signing up or otherwise using the DIY Auto Shipping service, websites, and software applications (together, the “DIY Service” or “Service”), or accessing any content or material that is made available by DIY Auto Shipping through the Service (the “Content”) you are entering into a binding contract with the DIY entity indicated at the bottom of this document.
You agree and understand that DIY Auto Shipping is providing you a self service alternative to hiring a broker or carrier to locate and negotiate vehicle shipping rates and services on your behalf. DIY Auto Shipping is responsible for listing and updating your listing of your vehicle on the National Load Board based on your input and nothing more. You are solely responsible for communicating with the drivers and verifying all information with them such as insurance and license validation. You further agree to hold DIY Auto Shipping harmless from any actions arising from your use of this service.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
2 Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
3 Our Services & Paid Subscriptions
DIY Auto Shipping provides use of our access to the National Load Board to list your vehicle for transport. Our services are provided to you for a flat fee of $49.00 (forty nine dollars) or any discounted rate obtained. Our services may be after payment.
4 Third Party Applications
The DIY Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that DIY Auto Shipping does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
5 Service limitations and modifications
DIY Auto Shipping will make reasonable efforts to keep the DIY Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, DIY reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the DIY Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the DIY Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that DIY permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), DIY Auto Shipping will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that DIY Auto Shipping has no obligation to maintain, support, upgrade, or update the Service. This section will be enforced to the extent permissible by applicable law. DIY Auto Shipping may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
6 Customer support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
7 Payments, cancellations, and cooling off
Paid Subscriptions can be purchased by pre-payment giving you access to the DIY Auto Shipping Service for a specific time period (“Pre-Paid Period”).
When you register for a Paid Subscription online, you consent to get access to DIY Auto Shipping Service immediately. Once you have listed your vehicle with our service, you are no longer entitled to a refund as our services have been rendered. Should you choose to cancel services before you have listed your vehicle with our service, you are entitled to a full refund.
If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact Customer Support.
8 Term and termination
The Agreements will continue to apply to you until terminated by either you or DIY Auto Shipping. If you or DIY Auto Shipping terminate the Agreements, or if DIY Auto Shipping suspends your access to the DIY Service, you agree that DIY Auto Shipping shall have no liability or responsibility to you and DIY Auto Shipping will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your DIY Auto Shipping account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
9 Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE DIY AUTO SHIPPING SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE DIY AUTO SHIPPING SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. DIY AUTO SHIPPING AND ALL OWNERS MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY. IN ADDITION, DIY AUTO SHIPPING MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DIY AUTO SHIPPING SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT DIY AUTO SHIPPING IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE DIY AUTO SHIPPING SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM DIY AUTO SHIPPING SHALL CREATE ANY WARRANTY ON BEHALF OF DIY AUTO SHIPPING IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE DIY AUTO SHIPPING SERVICE IS TO UNINSTALL ANY DIY AUTO SHIPPING SOFTWARE AND TO STOP USING THE DIY AUTO SHIPPING SERVICE. WHILE DIY AUTO SHIPPING ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO DIY AUTO SHIPPING, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DIY AUTO SHIPPING, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE DIY AUTO SHIPPING SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER DIY AUTO SHIPPING HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE DIY AUTO SHIPPING SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO DIY AUTO SHIPPING DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
11 Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and DIY Auto Shipping, the Agreements constitute all the terms and conditions agreed upon between you and DIY Auto Shipping and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the DIY Auto Shipping Service may be governed by additional agreements. That could include, for example, access to the DIY Auto Shipping Service as a result of a gift card or service. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
12 Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by DIY Auto Shipping or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive DIY Auto Shipping’s or the applicable third party beneficiary’s right to do so.
DIY Auto Shipping may assign the Agreements or any part of them, and DIY Auto Shipping may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold DIY Auto Shipping harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the DIY Auto Shipping Service; and (4) your violation of any law or the rights of a third party.
15 Choice of law, mandatory arbitration and venue
Unless otherwise required by a mandatory law of the United States of America, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of California, without regard to choice or conflicts of law principles.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Agreement is enforceable, the following mandatory arbitration provisions apply to you:
15.1 You and DIY Auto Shipping Service agree that any dispute, claim, or controversy between you and DIY Auto Shipping Service arising in connection with or relating in any way to these Agreements or to your relationship with DIY Auto Shipping Service as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding clause (14.1) above, you and DIY Auto Shipping both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, (2) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
Either you or we may start arbitration proceedings. If you are located in, are based in, have offices in, or do business in the United States, any arbitration between you and DIY Auto Shipping will be finally settled under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by the Agreements. You and DIY Auto Shipping agree that these Agreements affect interstate commerce, so the U.S. Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. DIY Auto Shipping can also help put you in touch with the AAA.
Any arbitration hearings will take place at a location to be agreed upon in Los Angeles, California or New York, New York, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules with the remainder paid by DIY Auto Shipping. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse DIY Auto Shipping for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and DIY Auto Shipping will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Developer Terms, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of the United States of America, the law to be applied in any arbitration shall be the law of the State of California, United States, without regard to choice or conflicts of law principles.
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.