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AutoTransMart Terms of Service

Welcome to AutoTransMart, a service of Vehicle Logistics Execution, LLC (VLE). By opening an AutoTransMart account, you agree to be legally bound by the rules and policies described in the following Terms of Service and by all other AutoTransMart terms and policies. You also agree to follow any instructions that you receive from AutoTransMart or any of its representatives. You must agree with these terms to use AutoTransMart.

1. AutoTransMart provides a service that enables shippers of vehicles (Shipper or Shippers) and transporters of vehicles (Carrier or Carriers), both of which may be referred to herein as member or members, to communicate and do business with each other (the Service). AutoTransMart is not a transportation service provider, freight forwarder or partner. AutoTransMart acts as a venue where Shippers and Carriers can meet and enter into agreements. We are not involved in the actual transaction between Shippers and Carriers. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our Web site. AutoTransMart attempts to validate Carriers using information from the Federal Motor Carrier Safety Administration Web site when and if it is available, but does not otherwise prequalify or validate the claims of Carriers including with respect to their licensure, insurance and registration. AutoTransMart functions 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 Shippers and Carriers. 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 Shippers and Carriers, we have no control over the accuracy of listings, the ability of Carriers to transport items, or the ability of Shippers to send items. We cannot ensure that a Shipper or Carrier will actually complete a shipment.

2. The current Terms of Service of AutoTransMart are available at http://www.AutoTransMart.com/TOS.html.

3. Interpretation, application, and modification of the Terms of Service shall be within the sole discretion of VLE. Changes in the Terms of Service become effective immediately upon public posting by VLE at http://www.AutoTransMart/TOS.html without the agreement of the user. Since the Terms of Service are subject to change, you agree to review the Terms of Service on a regularly basis to determine if any changes have been made. Questions about any issue arising under the Terms of Service must be directed to VLE when the issue is identified.

4. Please report any violations of these Terms of Service or any other AutoTransMart policy immediately to CustomerService@AutoTransMart.com.

5. The registration information that you provide to AutoTransMart must be true, correct, and current, and you agree to keep this information up-to-date. As described in the AutoTransMart Privacy Policy at http://www.AutoTransMart.com/PP.html, VLE will not sell or disclose your name or personal information to any other party unless required by law.

6. You must select a password that is difficult for others to guess and take proper precautions to protect it.

7. You must notify VLE immediately if you suspect that others may have gained access to your account, or if you notice any other suspicious activity involving your account.

8. Carriers are billed by credit card. There are currently no fees to Carriers to join the AutoTransMart network. When a Shipper accepts a Carrier's bid, AutoTransMart will collect a service charge from the Carrier. The charge is $20.00 per accepted load. This fee is only charged if a Carrier's bid is accepted by the Shipper. Fees will be billed to the Carrier's credit card on file, immediately as incurred. The current fee schedule is available on the Web at FEES.

If a vehicle move cannot be completed due to fault of the Shipper, the Carrier will be entitled to accepting another load without an additional transaction fee. There are no refunds of AutoTransMart fees.

9. Shippers will be billed by invoice monthly all transactions in the preceding month. There are currently no fees to Shippers to join the AutoTransMart network. When a Shipper accepts a Carrier's bid, AutoTransMart will collect a service charge from the Shipper. The charge is $20.00 per accepted load. This fee is only charged if a Carrier's bid is accepted by the Shipper. The current fee schedule is available on the Web at http://www.AutoTransMart.com/FEES.html.

If a vehicle move cannot be completed due to fault of the Carrier, the Shipper will be entitled to re-post the load without an additional transaction fee. There are no refunds of AutoTransMart fees.

10. AutoTransMart reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on our Web site. All fees are quoted in U.S. Dollars. You are solely responsible for paying all fees associated with using our services as well as all applicable taxes. You are responsible for all actions taken with your username and password, including fees. You may not disclose your AutoTransMart password to any third party.

11. Accounts not paid by the due date will be suspended pending receipt of payment.

12. Shippers can cancel their account at any time and the cancellation will be effective as of the next due date. For Carriers with no-fee accounts, the cancellation will take effect immediately.

13. Carriers agree that they shall: (1) maintain at a minimum $1,000,000 Combined single limits for Automobile and General Liability insurance coverage (2) Maintain Cargo insurance at or exceeding limits required by FMCSA Common Carrier requirements; (3) Maintain Workers Compensation or similar insurance offering statutory coverage and containing , at a minimum, statutory limits (4) Name (Shipper) as additional insured or include Blanket Additional Insured endorsement covering the (Shipper) on all applicable Insurance policies (5) Maintain statutory licensing and permits at all times (6) shall immediately notify VLE if there are but not limited to; any lapse, cancellations or authority revocations. (7) pick up and drop off vehicles within the promised window of time and at the agreed upon price; (8) handle vehicles so as to minimize damage to the vehicles; (9) provide Shippers with complete and valid bill of lading/vehicle condition form upon delivery; (10) deal with damage claims fairly and responsively; (11) deal with Shippers in a professional manner; (12) promptly notify Shippers of unexpected delays.

14. Shippers agree that they shall: (1) maintain proper insurance, licensing, and bonding at all times; (2) provide the agreed upon vehicle to Carriers at the agreed upon time and price after an agreement has been made; (3) provide the agreed upon payment on delivery of the vehicles to Carriers.

15. VLE's system and services may only be used for lawful purposes and in a manner that VLE believes, in its sole discretion, to be consistent with the rights of other VLE members' and third parties. While VLE is not responsible for the content of member-entered information, said content must comply with all laws and must not infringe on the rights of any third party. VLE's services and system may only be used for lawful purposes and must be consistent with all rights of other parties. Without limiting the foregoing, VLE's services and system shall not be used in a manner that would violate any law or infringe any patent, copyright, trademark, trade dress, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory.

16. VLE reserves the right to immediately suspend or terminate any member's access to any of its services without notification if the member violates, or can be expected to violate, the letter or spirit of the AutoTransMart Terms of Service or to use AutoTransMart for any activity that is illegal or infringes on the rights of VLE, its subsidiaries, affiliates, officers, agents, partners and employees, its users, or any third party.

17. You agree to indemnify and hold VLE and its subsidiaries, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information that is sent using your AutoTransMart account. In addition, VLE reserves the right to immediately suspend or terminate your access to the service without notice if it receives such a claim or demand.

18. VLE is not responsible or liable for the content, quality or accuracy of any information available through AutoTransMart. The information found on the AutoTransMart site is provided solely by the members.

19. THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.VLE DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. VLE IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND VLE DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. VLE DOES NOT WARRANT THAT THE CONTENT OF ITS SERVICE WILL BE ERROR FREE.

VLE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF VLE HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL VLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

20. VLE reserves the right to modify, suspend or discontinue its service at any time. VLE's sole liability shall be the refund of any payments you have made for unavailable or unused services. Subscription fees will not be pro-rated for any partial period.

21. Any content that is made available by VLE may be protected by copyright, trademark, or intellectual-property laws. You may not copy or distribute such content in any form without written permission from VLE.

22. You may not resell VLE's services without written permission from VLE.

23. During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.

24. Nothing contained in this policy shall be construed to limit VLE's actions or remedies in any way with respect to any activity that violates the AutoTransMart Terms of Service. VLE reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the AutoTransMart Service, and levying cancellation charges to cover its costs in the event a member is removed for the causes outlined above.

25. Any failure by VLE to enforce any part of these Terms of Service shall not constitute a waiver of the Terms of Service or any part thereof. If any provision in these Terms of Service is found to be invalid by a court of law, you and VLE agree that the court should adhere as closely as possible to the intentions of the provision, and that all other parts of the Terms of Service shall remain in effect.

26. The Terms of Service, the Service, and any access to or use of AutoTransMart.com will be governed by the laws of the state of Missouri, excluding its conflict of laws provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in St. Louis, Missouri.

27. You may contact VLE at info@AutoTransMart.com or call us at (314) 856-9668. Our offices are located at 1310 Papin Street, First Floor Center, Saint Louis, MO 63103.