Policy

SAVIWAY ACCEPTABLE USE POLICY


This Acceptable Use Policy sets out a list of acceptable and unacceptable conduct for
our the Services. If we believe a violation of the policy is deliberate, repeated or presents a
credible risk of harm to other users, our customers, the Services or any third parties, we may
suspend or terminate your access. This policy may change as SaviWay grows and evolves, so
please check back regularly for updates and changes. Capitalized terms used below but not
defined in this policy have the meaning set forth in the User Agreement (https://slack.com/
terms-of-service/user).


You represent and agree that You will:


• comply with all User Agreement, including the terms of this Acceptable Use Policy;
• comply with all applicable laws and governmental regulations, including, but not limited to, all
intellectual property, data, privacy, and export control laws, and regulations promulgated by
any government agencies, including, but not limited to, the U.S. Securities and Exchange
Commission, and any rules of any national and other securities exchanges;
• upload and disseminate only User Data to which User owns all required rights under law and
under contractual and fiduciary relationships (such as proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure agreements)
and do so only consistent with applicable law;
• use commercially reasonable efforts to prevent unauthorized access to or use of the
Services;
• keep passwords and all other login information confidential;
• monitor and control all activity conducted through your account in connection with the
Services;
• promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized
activity or a security breach involving your accounts or teams, including any loss, theft, or
unauthorized disclosure or use of a username, password, or account; and
• comply in all respects with all applicable terms of the third party applications, including any
that User elects to integrate with the Services that you access or subscribe to in connection
with the Services.
 

You represent and agree that You will not:


• permit any third party that is not an Authorized User to access or use a username or
password for the Services;
• share, transfer or otherwise provide access to an account designated for you to another
person;
• use the Services to store or transmit any User Data that may infringe upon or misappropriate
someone else's trademark, copyright, or other intellectual property, or that may be tortious or
unlawful;
• upload to, or transmit from, the Services any data, file, software, or link that contains or
redirects to a virus, Trojan horse, worm, or other harmful component or a technology that
unlawfully accesses or downloads content or information stored within the Services or on the
hardware of SaviWay or any third party;
• attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify,
copy, translate, or disrupt the features, functionality, integrity, or performance of the Services
(including any mechanism used to restrict or control the functionality of the Services), any
third party use of the Services, or any third party data contained therein (except to the extent
such restrictions are prohibited by applicable law);
• attempt to gain unauthorized access to the Services or related systems or networks or to
defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection
or monitoring mechanisms of the Services;
• access the Services in order to build a similar or competitive product or service or copy any
ideas, features, functions, or graphics of the Services;
• use the Services in any manner that may harm minors or that interacts with or targets people
under the age of thirteen;
• engage in activity that incites or encourages violence or hatred against individuals or groups;
• impersonate any person or entity, including, but not limited to, an employee of ours, an
“Administrator”, an “Owner”, or any other Authorized User, or falsely state or otherwise
misrepresent your affiliation with a person, organization or entity;
• use the Services to provide material support or resources (or to conceal or disguise the
nature, location, source, or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act or other laws and regulations concerning
national security, defense or terrorism;
• access, search, or create accounts for the Services by any means other than our publicly
supported interfaces (for example, "scraping" or creating accounts in bulk);
• send unsolicited communications, promotions or advertisements, or spam;
• place any advertisements within a SaviWay client;
• send altered, deceptive or false source-identifying information, including "spoofing" or
"phishing";
• abuse referrals or promotions to get more credits than deserved;
• sublicense, resell, time share or similarly exploit the Services;
• use the Services for consumer purposes, as SaviWay is intended for use by businesses and
organizations;
• access or use the Services on behalf of, or for the benefit of, any Patent Assertion Entity (as
defined in the User-Specific Supplement);
• use contact or other user information obtained from the Services (including email addresses)
to contact Authorized Users outside of the Services without their express permission or
authority or to create or distribute mailing lists or other collections of contact or user profile
information for Authorized Users for use outside of the Services; or
• authorize, permit, enable, induce or encourage any third party to do any of the above.
• restrict or inhibit any other visitor or User from using the Saviway Platform, including, without
limitation, by means of "hacking", denial-of-service attack, or defacing any portion of the
website;
• express or imply that any statements you make are endorsed by us, without our prior written
consent;
• transmit (i) any content or information that is unlawful, fraudulent, misleading, fabricated,
threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes
SaviWay’s or any third party's intellectual property or other rights; (ii) any material, non-public
information about companies without their authorization to do so; (iii) any trade secret of any
third party; or (iv) any advertisements, solicitations, chain letters, pyramid schemes,
investment opportunities, or other unsolicited commercial communication (except as
otherwise expressly permitted by us);
• engage in spamming or flooding;
• transmit any software or other materials that contain any viruses, worms, Trojan horses,
defects, date bombs, time bombs, or other items of a destructive nature;
• "frame" or "mirror" any part of the Saviway Platform's website without SaviWay’s prior written
authorization;
• direct link, inline link, deep link, or otherwise hyperlink any page of the Saviway Platform's
website other than the home page;
• use any robot, spider, site search/retrieval application, or other manual or automatic device or
process to retrieve, index, "data mine", or in any way reproduce or circumvent the
navigational structure or presentation of the Saviway Platform's website or their contents;
and
• harvest or collect information about visitors to the Saviway Platform's website or Users
without their express consent.
You further agree to not use the SaviWay web site for any purpose that is improper,
unlawful, abusive, harassing, libelous, defamatory, obscene, or threatening, or that violates the
User Agreement, including but not limited to use of the Saviway Platform's website to:
(a) upload, post, or transmit any informational content that is unlawful, threatens another
person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is
otherwise objectionable;
(b) harm legal minors;
(c) collect personal information on, “cyberstalk” or harass another User, or engage in conduct
that negatively affects the online experience of another User;
(d) impersonate another User, person, or entity, including any official or employee of SaviWay;
(e) intentionally or unintentionally violate any local, state, or federal law, including violations of
the Copyright Act;
(f) upload, post or transmit any software or files that contain software viruses or other harmful
computer code;
(g) interfere with the operation of SaviWay’s web servers or other computers or Internet or
network connections;
(h) upload, post or transmit any informational content that is the copyrighted, patented or
trademarked intellectual property of another, or the trade secret of or confidential information of
another;
(i) upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or
“junk mail.”


What we May do to Address Violations of Terms


SaviWay does not pre-screen uploaded, posted or transmitted content, but SaviWay reserves
the right to inspect, edit and delete any content that SaviWays knows, or has reason to know,
has violated this User Agreement.
If we believe that there is a violation of the User Agreement, the Acceptable Use Policy, or any
of our other policies that can simply be remedied by User’s removal of certain User Data or
taking other action, we will, in most cases, ask User to take action rather than intervene.
We may directly step in and take what we, in our sole and exclusive discretion, determine to be
appropriate action (including disabling or terminating User’s account immediately, and without
notice) if User does not take appropriate action or we believe there is a credible risk of harm to
us, the Services, Authorized Users, or any third parties.
SaviWay may also disclose any informational content Users post, upload or transmit to the
SaviWay web site, if such disclosure is necessary to enforce this User Agreement, to respond
to claims of intellectual property infringement, to comply with legal process, or to protect the
rights of SaviWay, the public, or other Users.

 

Transporters
You must legally be able to transport the shipments You book through SaviWay.
You agree that it is your sole obligation to comply with all Applicable Laws that may
apply including any and all local, state, and federal licensing requirements.
Transporters agree that, through the various Service and features on SaviWay, they are
solely responsible for all aspects of services, pricing, and terms they offer the Dealer.
Rates, services, and terms are solely provided by the Transporters and not by SaviWay.
You understand and acknowledge that all shipment information is provided by other
registered users and SaviWay has no control over or responsibility for the accuracy of this
information.
You are responsible for reading all of the shipment details and by booking shipments on
the Saviway Platform, You are entering into a legally binding agreement to complete the
services as requested by the Dealer.


FMCSA and State Laws.
You can determine the registration and safety statutes applicable to You
at www.fmcsa.dot.gov (http://www.fmcsa.dot.gov/) and by consulting your legal counsel.
Certain Transport the Services may involve movements only within one state.
A number of states have statutes and regulations pertaining to such intrastate
transportation.
The Federal Motor Carrier Safety Administration (“FMCSA”), part of the U.S.
Department of Transportation, requires that all Transporters handling interstate shipments
register with it and provide certain information.
We suggest You check with the applicable state’s Department of Transportation and
your legal counsel to determine application of such state’s law and regulations to You and the
provision of Transport the Services by You.
When using the Saviway Platform on a mobile device and/or the SaviWay mobile
application, you shall: (i) observe all traffic laws and otherwise drive safely; (ii) use your good
personal judgment while driving, (iii) not interact with the app, unless your vehicle is stationary
and legally parked; (iv) not use the Saviway Platform for any illegal, unauthorized, unintended,
unsafe, hazardous, or unlawful purposes.


Transporter Representations, Warranties and Agreements.
By providing the Services as a Transporter on the Saviway Platform, you represent,
warrant, and agree that:
1. You and/or the drivers utilized by You possess a valid commercial driver’s license and
are authorized and medically fit to operate a commercial motor vehicle and have all appropriate
licenses, approvals and authority to provide Transport the Services in all jurisdictions in which
you provide such services;
2. Neither You nor any person in Your control or service will make any misrepresentation
regarding SaviWay, the Saviway Platform, the Transport the Services or your status as a
Transporter;
3. You and/or the drivers utilized by You own, or have the legal right to operate, the
commercial vehicle you use when providing Transport the Services, and such vehicle is in good
operating condition and meets the industry safety standards and all applicable statutory and
state department of motor vehicle requirements for a vehicle of its kind;
4. You will pay all applicable federal, state and local taxes, levies, charges, and fees
payable to any taxing authority (“Applicable Taxes”) based on your provision of Transport the
Services and any payments received by you. All fees stated for use our Transport the Services
are net of any Applicable Taxes.
5. You and/or the drivers utilized by You will not engage in reckless behavior while
driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third
party to accompany you in the vehicle while providing Transport the Services, provide
Transport the Services as a Transporter while under the influence of alcohol or drugs, or take
action that harms or threatens to harm the safety of the SaviWay community or third parties;
6. To the extent required by Applicable Law, You currently and in the future will (a)
compensate drivers and other workers engaged in Transportation the Services as employees,
and (b) comply with all laws regarding wage payment, expense reimbursement, payroll taxes,
benefits, hours, immigration, breaks, safety, workers’ compensation insurance, and all labor
and employment laws.
7. You have a valid policy of commercial liability insurance (in coverage amounts
consistent with all applicable legal requirements) that names or schedules you for the
commercial operation of the vehicle you use to provide Transport the Services; and
8. Nonpublic PII.
You and/or the drivers utilized by You will keep confidential any nonpublic personal
information (as defined in the Gramm-Leach-Bliley Act and its implementing regulations,
“NPPI”) of any consumer obtained in the course of providing, or in connection with providing,
any Transportation the Services to any Dealer, and shall only use and disclose such NPPI to
provide the Transport the Services to such Dealer, and You shall take commercially reasonable
steps to safeguard and protect such NPPI from any unauthorized access or disclosure.
You will comply with all Applicable Laws with respect to such NPPI.
Dealers are third party beneficiaries of this paragraph.
In the event a dispute arises between You and a Dealer with respect to this paragraph,
the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred,
in addition to damages and any other relief to which it is entitled.
9. No Transfers or Brokers.
If you are a Transporter, you shall not assign, subcontract, broker, re-broker, forward,
relay, use third party dispatchers or otherwise transfer in any manner, or otherwise allow a third
party to perform, in whole or in part, any Transport the Services that you are providing.
In the event of any transfer in violation of this Section, SaviWay may without prejudice
to any other rights or remedies, immediately terminate your account and access to the Saviway
Platform.


Dealers
You are agreeing to the Transporter’s terms, conditions, and tariffs; and entering into a
legally binding agreement with the Transporter, unless the transaction is prohibited by law or by
this User Agreement.
You are responsible for reading all terms, conditions, and tariffs published by
Transporters when booking shipments on SaviWay.
You acknowledge that, unless otherwise noted by the Transporter, pick-up dates,
delivery dates, and transit times are estimates only and are not guaranteed.
A Transporter reserves the right to inspect your shipment before accepting it, and to
refuse to transport any item prohibited by this User Agreement or by law.
IMPORTANT: SaviWay does not screen or qualify Transporters for compliance with
federal, state or local statutes, laws, rules, ordinances and regulations, including but not limited
to broker compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21).
It is recommended that You confirm such compliance directly with the Transporter
before services are rendered by the Transporter.


Carriers.
If you are a User and a carrier that enters into a business relationship with another User,
you are solely and fully responsible for abiding by all applicable industry and professional
standards, including, without limitation: (1) picking up and delivering vehicles within the
agreed-upon windows of time and at the agreed-upon price; (2) communicating the status of
the shipment to the shipper throughout the shipping process, including promptly notifying all
appropriate parties of any damage, loss, theft, or unexpected delays in the pick-up or delivery
of vehicles; (3) using Saviway’s site to update shipment status; (4) handling vehicles so as to
avoid any damage to the vehicles; (5) providing SaviWay with a copy of the bill of lading in the
event of a dispute with a shipper; (6) providing appropriate parties with a completed and
signed bill of lading/vehicle condition form upon delivery of the vehicles; (7) handling damage
claims fairly and responsively; (8) promptly forwarding COD payments in excess of agreed
upon carrier payment to brokers or applicable parties, when applicable; (9) interacting with all
parties in a professional and courteous manner; (10) maintaining adequate insurance coverage
and applicable licenses and bonds at all times; and (11) complying with all applicable laws,
rules, and regulations, including, but not limited to, regulations of the Federal Motor Carrier
Safety Administration (FMCSA).


Brokers, Dealers, Freight Forwarders, Auctions, Corporate Relocation Specialists,
Manufacturers and Rental Agencies.

If you are a User and a broker, dealer, freight forwarder, auction, corporate relocation
specialist, manufacturer, rental agency, or other entity that posts vehicles for shipment on the
Saviway Platform and enters into a business relationship with another User:
You are solely and fully responsible for abiding by all applicable industry and
professional standards, including, without limitation: (1) providing the agreed upon vehicle(s) to
carriers at the agreed upon time and price; (2) making prompt payment of outstanding
balances owed to carriers; (3) ensuring that the bill of lading accurately reflects the condition of
the vehicle at pickup and delivery; (4) providing SaviWay with a copy of the signed bill of lading
in the event of a dispute with a carrier; (5) removing from view on the Saviway Platform loads
that you have posted for shipment once an agreement has been made to ship such loads with
a carrier; (6) interacting with all parties in a professional and courteous manner; (7) maintaining
adequate insurance and applicable licenses and bonds at all times; and (8) complying with all
applicable laws, rules, and regulations.
You acknowledge and agree to comply with the following: (1) damage and loss claims
against a carrier must be pursued independently of the contracted freight fees; (2) contracted
freight fees may not, pursuant to the Interstate Commerce Act (49 U.S.C. § 10761) and related
administrative rulings, be withheld or delayed in payment of any claim of damage or loss; (3)
valid claims arising from damage or loss during shipment will not be paid until freight charges
are paid.
SaviWay does not enforce or monitor Users’ compliance with the obligations set out
herein or with any law, regulation, or industry or professional standard.
SaviWay disclaims all responsibility for the conduct of Users generally.

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