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TRUCKING START-UP SERVICES, LLC
GENERAL BUSINESS TERMS & PRIVACY NOTICE |
Trucking Start-Up Services, LLC – General Business Terms
A. Services. It is understood and agreed that Trucking Start-Up Services, LLC (“Trucking Start-Up Services”) services (the “Services”) may include advice and recommendations, but all decisions in connection with the implementation of such advice and recommendations shall be the responsibility of, and made by, the Client.
B. Payment of Invoices. Trucking Start-Up Services’ invoices are due upon receipt of the invoice. Without limiting its rights or remedies, Trucking Start-Up Services shall have the right to halt or terminate the Services entirely if payment is not received within five (5) days of the invoice date. The Client shall be responsible for all taxes imposed on the Services or on the transaction, other than income taxes imposed on a net basis or by withholding, and other than taxes imposed on Trucking Start-Up Services.
C. Refunds. Trucking Start-Up Services’ may provide refund only on services not started as of the date of request less a five percent processing fee. All government fees will be refunded only if payment to the government agency has not been paid by Trucking Start-Up Services.
D. Limitation on Damages. The Client agrees that Trucking Start-Up Services, its subcontractors and their respective personnel shall not be liable to Client for any claims, liabilities, or expenses relating to this engagement (“Claims”) for an aggregate amount in excess of the fees paid by the Client to Trucking Start-Up Services pursuant to this engagement, except to the extent finally judicially determined to have resulted primarily from the bad faith or intentional misconduct of Trucking Start-Up Services or its subcontractors. In no event shall Trucking Start-Up Services, its subcontractors or their respective personnel be liable for consequential, special, indirect, incidental, punitive or exemplary loss, damage, or expense relating to this engagement. In circumstances where all or any portion of the provisions of this paragraph are finally judicially determined to be unavailable, the aggregate liability of Trucking Start-Up Services, its subcontractors and their respective personnel for any Claim shall not exceed an amount which is proportional to the relative fault that their conduct bears to all other conduct giving rise to such Claim.
E. Waiver of Jury Trial. TRUCKING START-UP SERVICES AND THE CLIENT HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM RELATING TO THIS ENGAGEMENT.
F. Information and Data. Trucking Start-Up Services shall be entitled to assume, without independent verification, the accuracy of all representations, assumptions, information and data that the Client and its representatives provide to Trucking Start-Up Services. All assumptions, representations, information and data to be supplied by the Client and its representatives will be complete and accurate to the best of the Client’s knowledge. Trucking Start-Up Services may use information and data furnished by others; however, Trucking Start-Up Services shall not be responsible for, and Trucking Start-Up Services shall provide no assurance regarding, the accuracy of any such information or data. Except as specifically agreed to in writing, Trucking Start-Up Services shall not provide advice regarding the financial accounting treatment of any transaction implemented from these services and will not assume any responsibility for any financial reporting with respect to the services provided hereunder. The Client shall be responsible for all financial information and statements provided with respect to any services performed hereunder. Trucking Start-Up Services shall have no responsibility to address any legal matters or questions of law, other than tax law.
G. Independent Contractor. It is understood and agreed that each party hereto is an independent contractor and that neither party is, nor shall be considered to be, the other’s agent, distributor, partner, fiduciary, joint venture, co-owner, or representative. Neither party shall act or represent itself, directly or by implication, in any such capacity or in any manner assume or create any obligation on behalf of, or in the name of, the other.
H. Survival and Interpretation. The agreements and undertakings of the Client contained in the Engagement or purchase of services, together with all paragraphs herein relating to payment of invoices, limitation on damages, waiver of jury trial, information and data, survival and interpretation, assignment, governing law, indemnification, limitations on actions and limitations on warranties shall survive the expiration or termination of this engagement. The Client acknowledges and agrees that no affiliated or related entity of Trucking Start-Up Services, whether or not acting as a subcontractor, shall have any liability hereunder to the Client or any other person and the Client will not bring any action against any such affiliated or related entity of Trucking Start-Up Services in connection with this engagement. Without limiting the foregoing, affiliated and related entities of Trucking Start-Up Services are intended third-party beneficiaries of these terms. Any affiliated or related entity of Trucking Start-Up Services may in its own right enforce such terms, agreements and undertakings.
I. Assignment. Except as provided below, neither party may assign, transfer or delegate any of its rights or obligations hereunder (including, without limitation, interests or Claims) without the prior written consent of the other party. The Client hereby consents to Trucking Start-Up Services assigning or subcontracting any of Trucking Start-Up Services’ rights or obligations hereunder to (a) any affiliate or related entity, whether located within or outside of the United States, or (b) any entity which acquires all or a substantial part of the assets or business of Trucking Start-Up Services.
J. Client Responsibilities. The Client shall cooperate with Trucking Start-Up Services in the performance by Trucking Start-Up Services of the Services, including, without limitation, providing Trucking Start-Up Services with reasonable and timely access to data, information and personnel of the Client. The Client shall be responsible for the performance of its personnel and agents and for the accuracy and completeness of all data and information provided to Trucking Start-Up Services for purposes of the performance by Trucking Start-Up Services. The Client acknowledges and agrees that Trucking Start-Up Services’ performance is dependent upon the timely and effective satisfaction of the Client’s responsibilities hereunder and timely decisions and approvals of the Client in connection with the Services. Trucking Start-Up Services shall be entitled to rely on all decisions and approvals of the Client. The Client shall be solely responsible for, among other things: (a) making all management decisions and performing all management functions; (b) designating a competent management member to oversee the Services; (c) evaluating the adequacy and results of the Services; (d) accepting responsibility for the results of the Services; and (e) establishing and maintaining internal controls, including, without limitation, monitoring ongoing activities.
K. Indemnification. The Client shall indemnify and hold harmless Trucking Start-Up Services, its subcontractors and their respective personnel from all Claims, except to the extent finally judicially determined to have resulted primarily from the bad faith or intentional misconduct of Trucking Start-Up Services or its subcontractors. In circumstances where all or any portion of the provisions of this paragraph are finally judicially determined to be unavailable, the aggregate liability of Trucking Start-Up Services, its subcontractors and their respective personnel for any Claim shall not exceed an amount which is proportional to the relative fault that their conduct bears to all other conduct giving rise to such Claim.
Privacy Notice
This privacy notice discloses the privacy practices for Trucking Start-Up Services, LLC (truckingstartupservice.com). This privacy notice applies solely to information collected by this web site. It will notify you of the following:
1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required. We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
1. See what data we have about you, if any.
2. Change/correct any data we have about you.
3. Have us delete any data we have about you.
4. Express any concern you have about our use of your data.
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 866-419-3812.
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