User Agreement

SAVIWAY USER AGREEMENT


1. Acceptance of User Agreement
SaviWay Inc. (“SaviWay”) provides its online services and Web Site to you, the User,
subject to this User Agreement Agreement (“User Agreement”). SaviWay reserves the right to
alter this User Agreement at any time without notice to User.
By using the SaviWay web site, located at the URL , User agrees to abide by this User
Agreement.
This User Agreement governs your use of the SaviWay services and platform.
This User Agreement is legally binding, with the same legal effect as a signed, written
agreement entered into with us.
As part of this User Agreement, you agree to comply with the most recent version of our
Acceptable Use Policy, and our Privacy Policy, both of which are incorporated by reference into
this User Agreement.
Please review our Privacy Policy for more information on how we collect and use data
relating to the use and performance of our Service.
If you access or use the Services, or continue accessing or using the Services after
being notified of a change to the User Agreement or the Acceptable Use Policy, you confirm
that you have read, understand and agree to be bound by the User Agreement and the
Acceptable Use Policy.


2. Introduction to SaviWay and the SaviWay Platform
SaviWay Inc. (referred to as “SaviWay,” “us” or “we”), provides the SaviWay.com
website and the Saviway mobile app (collectively referred to as the “Site” and, occasionally, the
“the Services”), subject to your compliance with the following Terms and Conditions of Use
(“User Agreement”), as well as any other written agreement(s) between us and you.
We provide and host a Web-based and mobile platform (the "Saviway Platform") that
allows individuals and companies that have vehicles to ship to connect with vehicle
transportation companies by: (1) allowing SaviWay Users to post data and information
regarding vehicles they wish to ship or vehicle transportation services they wish to offer,
business information, references, evidence of licensure and insurance coverage and other data
and documents that can be reviewed by other SaviWay Users who may be interested in
entering into a business relationship; and (2) allowing SaviWay Users to make their own
independent evaluations of whether they are interested in entering into business relationships
with other SaviWay Users.
The Saviway Platform may also allow SaviWay Users to "rate" other Users or to provide
information of general interest to other SaviWay Users with regard to, for example, truck stops,
repair centers, and insurance companies.
You understand and acknowledge that we do not and cannot control the reliability,
completeness, usefulness, safety, or accuracy of information available through the Saviway
Platform, including, without limitation, through the Saviway Platform, because such data and
information is provided solely by the SaviWay Users over whom we have no control.


3. Definitions of Terms Used in this Agreement
The following terms have the meanings set forth herein:
(i) “SaviWay", "we", or "us" refers to SaviWay, Inc.;
(ii) The “SaviWay Platform,” “Materials,” “the Services,” or alternatively the “Site”
collectively refer to the website (www.SaviWay.com) and all of the content, tools, applications
(including mobile applications) and all services available through the Site;
(iii) “You" or "your" refers to you as a user of the SaviWay Platform;
(iv) “User Agreement" refers to this User Agreement, together with any other notices,
policies, disclaimers, or restrictions posted by us on any part of the SaviWay Platform;
(v) “Content” is defined as any information, communications, software, published
works, photos, video, graphics, music, sounds, or other material that can be viewed by users
on our Site and is owned by SaviWay or its affiliates;
(vi) "Saviway Marks" collectively refers to the trademarks, logos, and service marks
displayed on the Site, and which are the registered and unregistered trademarks of SaviWay,
SaviWay's licensors and suppliers, and others;
(vii) "SaviWay User” or “SaviWay Users,” "User" or "Users" will refer to Saviway
Platform users and Saviway Platform users collectively; the term "User Account" will refer to
status as an authorized User of the Saviway Platform.
(viii) “Per-Unit Charges” will refer to charges per vehicle that is transported using a
Transporter on the SaviWay Platform.
(ix) "Confidential Information" means the nonpublic and/or proprietary information
revealed by SaviWay, including, without limitation, all forms and types of financial, business,
scientific, technical, economic, or engineering information of SaviWay, and, including, without
limitation, the mobile applications provided through the Site.
(x) “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies,
officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation)
all parties involved in creating, producing, and/or delivering this Site and/or contents and the
Services available on this Site.


4. Your Responsibilities as a User
Relationships with other Users.
You understand and acknowledge that the Saviway Platform is provided to you solely
as means of helping you connect with companies and individuals in the auto transport industry
and providing you with related business management tools.
Without limiting the generality of anything set forth in this User Agreement, you also
acknowledge and agree that we have no monitoring, enforcement, or other obligations or
responsibilities in relation to the Users, any data, information or Service provided by them, their
businesses, or any business relationships between Users.
If you decide to enter into a business relationship with a User, you understand and
agree that you do so at your sole risk and that you are solely responsible for managing such
business relationship and enforcing any and all rights and remedies you may have against such
User.
Any contract or agreement for auto transport services that you may enter into by
accessing and using the Saviway Platform (whether you are a carrier, broker, dealer, or other
entity) is solely between you and the applicable carrier, broker, dealer, or other entity. You agree
that we are not a party to any such contract or agreement, have not brokered it, have no duties
nor obligations under any such contract or agreement, and we expressly disclaim all liability
whatsoever arising out of, or in connection with, any such contract or agreement, including, but
not limited to, any liability as a broker.
We do not guarantee that any vehicle you tender for shipment will be picked up or
delivered on any date or that any vehicle will be delivered free of mechanical, aesthetic issues
or damage, warehouseman’s liens, or title defects.
If you have a dispute with one or more Users, you release SaviWay (and its affiliates,
and their respective directors, officers, and employees) from claims, demands, and damages of
every kind and nature, known and unknown, arising out of or in any way connected with such
disputes.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ALL RIGHTS UNDER CALIFORNIA
CIVIL CODE SECTION 1542, WHICH SAYS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR."
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.


5. Registration and Use of User Name
Certain areas of the SaviWay web site are provided solely to registered Users of the
web site.
Any User registering for such services agrees to provide true and accurate information
during the registration process.
SaviWay reserves the right to terminate the access of such Users should SaviWay
know, or have reasonable grounds to suspect, that a User has entered false or misleading
information during the registration process.
ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER.
Persons under the age of 18 shall not be permitted to register.
SaviWay reserves the right to require valid credit card information as proof of legal age.
SaviWay maintains a strict Privacy Policy and will not sell or give your information to
other parties except as provided therein.
When you register to become a User, you agree to (a) provide accurate, current, and
complete information about yourself as prompted by the SaviWay registration form (including
your email address) and (b) maintain and update your information (including your email
address) to keep it accurate, current and complete.
You acknowledge that, if any information provided by you is untrue, inaccurate,
obsolete, or incomplete, we reserve the right to suspend or terminate your User Account and/
or your access to the Saviway Platform.
If, in accordance with your registration, you are granted the ability to assign usernames
and passwords to other persons within your organization, you hereby agree that you will only
provide such usernames and passwords to persons that have agreed to be bound to the User
Agreement.
As part of the registration process, you may be asked to select a username and
password.
We may refuse to grant you a username that impersonates someone else, is or may be
illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or
otherwise offensive, or may cause confusion, as determined by us in our sole discretion.
Use of the Site is restricted to SaviWay and its authorized users.
Unauthorized use of the Site, including, but not limited to, unauthorized entry into the
Site, misuse of passwords, or misuse of any information within the Site, is strictly prohibited.
You agree not to transfer or resell your use of or access to any of the Saviway Platform
to any third party.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS A VIOLATION OF THE USER
AGREEMENT TO LOG ONTO ANY SITE WITH A LOGIN ID OR PASSWORD THAT WAS NOT
ASSIGNED TO YOU PERSONALLY. YOU AGREE TO KEEP YOUR LOGIN ID AND PASSWORD
CONFIDENTIAL AND TO NOTIFY US IMMEDIATELY IF YOU LEARN THAT THE SECURITY OF
YOUR LOGIN ID AND/OR PASSWORD HAVE BEEN COMPROMISED AND/OR IF YOU
SUSPECT THAT ANYONE OTHER THAN YOURSELF HAS ACCESSED THE SAVIWAY
PLATFORM WITH YOUR LOGIN ID AND/OR PASSWORD.
YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE
CONDUCTED THROUGH YOUR ACCOUNT.
Each time you enter a login ID and password on a Site: (1) you represent to us that you
have been authorized to use that Site by (i) SaviWay or (ii) a party that has an agreement with
SaviWay, in accordance with the terms of such agreement; (2) you represent to us that you are
an employee or agent of a party described in item 1 above; (3) you represent to us that you are
the user assigned to use the login ID and password that is accessing the Site; and (4) you
agree to be bound by this User Agreement.
You grant us the right, at our option and expense, to use the name of the entity you
represent (if any), including reproduction of such entity's trademark, trade name, service mark,
and logo, for advertisements and on other SaviWay marketing Material.


6. Temporarily Inactivating Your Account.
If your account is in good standing, and you have a zero balance, you may temporarily
inactivate it at no charge for up to 90 days, without cancelling your User Account, by
contacting us support@saviway.com


7. Expiration, Termination and Suspension.
This User Agreement will remain effective between you and us for as long as you are a
User, except that Sections 4(c), 8, 9, 10, 11, 12, 17, 18, 19, 21, 23, 24, and 25 will survive
termination, suspension or expiration of your User Account or this User Agreement.
If you have a monthly subscription, your subscription to the applicable Site will continue
on a month-to-month basis and will automatically renew for subsequent months until you
provide us with notice that you wish to terminate at the end of then-current month.
If you have pre-paid your subscription fees for an additional calendar month, your
subscription will terminate at the end of the last paid month.
If you have an annual subscription, your subscription to the applicable Site will continue
for 12-months from the later of: the date on which we activate your account to access the Site,
or the end of your initial trial period, if any.
Thereafter, your subscription will automatically renew for additional 12-month periods
unless you provide us with notice of termination at least 30 days prior to the end of thencurrent
term.
You agree that SaviWay, in its sole discretion, may suspend or terminate your account
(or any part thereof) or use of the Saviway Platform and remove and discard any content within
the Saviway Platform, for any reason, including, without limitation, for lack of use or if SaviWay
believes that you have violated or acted inconsistently with the letter or spirit of this User
Agreement.
Any suspected fraudulent, abusive or illegal activity that may be grounds for termination
of your use of the Saviway Platform, may be referred to appropriate law enforcement
authorities.
SaviWay may also in its sole discretion and at any time discontinue providing the
Saviway Platform, or any part thereof, with or without notice.
You agree that any termination of your access to the Saviway Platform under any
provision of this User Agreement may be effected without prior notice, and acknowledge and
agree that SaviWay may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files or the Saviway
Platform.
Further, you agree that SaviWay will not be liable to you or any third party for any
termination of your access to the Saviway Platform. Upon any termination of this User
Agreement, all provisions herein which are intended to survive to give meaning to their terms
shall survive any termination or lapse of this User Agreement, including, but not limited all
definitions, disclaimers, indemnification obligations, limitation of liabilities, and general terms.
Upon termination, expiration, or suspension of your User Account, your right to use the
Site will immediately cease, and you must destroy all Material obtained from the Site and all
copies thereof, whether made in accordance with this User Agreement or otherwise.


8. 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;
4. 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;
2. 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;
6. 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.
3. 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;
7. 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.
5. 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
9. 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.
8. 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.


9. 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.


10. Charges, Fees, Payments.
Transportation Service Pricing.
By accepting this User Agreement and utilizing the Saviway Platform, you agree to the
Charges set forth based upon SaviWay’s charge schedule at the time of ordering the Transport
Services, that such Charges are commercially reasonable, consistent with market conditions,
and in line with pricing You would generally offer or accept for that Transport Service.
SaviWay reserves the right to change the Charge schedule at any time, in our
discretion, based upon local market factors, and we will provide you with notice in the event of
changes to the base fare, per mile, and/or per minute amounts that would result in a change in
the applicable Charges.
Your continued use of the Saviway Platform after the effective date of such change to
the Charge schedule you agree to such revised Charge schedule and any other changes to this
User Agreement.
Obligation to Pay Charges.
When you use the Saviway Platform to complete an order for Transportation the
Services you will be directed to our third-party payment processing service’s portal for
fulfillment of the applicable Charges. You hereby represent and warrant that (i) the credit card
and banking information supplied to the third-party payment processor is true, correct and
complete, (ii) payments for Charges made by you (including any Authorized Auction) will be
honored by your credit card company or depositary financial institution and (iii) you shall pay
for all Charges made under your account credentials using the Saviway Platform.
Third Party Processing.
All Charges are facilitated through a third-party payment processing service. Payment
processing is currently handled through third-party services, such as Paypal.com. SaviWay
may replace its third-party payment processing services without notice to you.
All financial information is collected directly by the third-party payment processing
service subject to their policies and User Agreement. The security of your personally
identifiable financial information and the payments you make to the third-party payment
processing service is outside of our control and SaviWay shall not be responsible for any
consequences or damages arising from your disclosing personally identifiable financial
information to or payments using the third-party payment processing service. Charges shall
only be made through the Saviway Platform and Charges are non- refundable, regardless of
disruption to the Saviway Platform or Transportation the Services, or any other reason
whatsoever.
Saviway Platform Fee.
If you are a Transporter, you agree that SaviWay may retain a fee based on each
Transportation Service you provide (the “Saviway Platform Fee”).
The amount of the applicable Saviway Platform Fee is set forth on the Saviway
Platform. SaviWay reserves the right to change the Saviway Platform Fee at any time in
SaviWay’s discretion based upon local market factors, and SaviWay will provide you with
notice in the event of such change.
Continued use of the Saviway Platform after any such change in the Saviway Platform
Fee calculation shall constitute your consent to such change.
Transporter Payments.
If you are a Transporter, you will receive payment for your provision of Transportation
the Services through SaviWay’s third-party payment processing service.
All Charge payments are subject to a Saviway Platform Fee.
All such amounts shall not include any interest and will be net of any amounts that we
are required to withhold by law.
Dealer Charges.
If you use the Saviway Platform as a Dealer, you agree to pay all charges for Transport
the Services placed by Users on the Saviway Platform (“Charges”).
Charges include the transport fee and other applicable fees, tolls, surcharges, and taxes
as set forth on the applicable SaviWay order.
You are responsible for all Charges incurred under your User account regardless of your
awareness of such Charges or the amounts thereof.
If you choose to purchase one or more of the Services provided on our Site, you agree
to pay all fees associated with the Services.
Monthly Subscription.
If you have a monthly subscription, you agree to pay monthly subscription and other
fees in accordance with the SaviWay rate schedule in effect from time to time.
Such fees may be tiered based on your usage of the applicable Site and will be due and
payable within 10 days after the end of each month that you remain a User.
We may change the fees and payment terms for monthly subscriptions at our discretion
and will post such changes to the applicable Site.
Your continued use of the Site will be deemed acceptance of the new fees.
Annual Subscription.
If you have an annual subscription, you agree to pay the annual subscription fees in
effect at the time of your enrollment.
Such fees are due and payable within 10 days after the last day of each billing month.
In the event of a termination of the Agreement through no fault of SaviWay, all sums
payable to SaviWay during then-current term will be accelerated and will be due and payable
within 10 days from receipt of notice from SaviWay.
SaviWay may change the fees for annual subscriptions at any time after the initial 12-
month term by providing you with 30 days’ notice of the change.
If you do not agree to the new fees, you may terminate your account by providing us
with notice of your intent to terminate, which notice must be given within 30 days of the fee
change.
Your termination will be effective as of the last day of then-current calendar month.
Other Payment Terms.
In the event you sign up for any service on the Site or the App that is ongoing and
incurs reoccurring charges (such as a subscription), such charges will be billed in advance of
service.
If, for any reason, your credit card company declines or otherwise refuses to pay the
amount owed for the Services you have purchased, you agree that we may, at our option,
suspend or terminate performance of the Services or delivery of Service and may require you
to pay any overdue amounts incurred (including any third-party chargeback fees or penalties)
by other means acceptable to us.
In the event legal action is necessary to collect on balances due, you agree to
reimburse us for all expenses incurred to recover sums due, including attorney fees and other
legal expenses.
You are responsible for any sales, use, or other taxes applicable to the services
provided under this User Agreement.
Delinquent accounts are subject to immediate suspension or termination without notice.
Subscription fees will not be pro-rated for any partial month.
If you pay by credit card or debit card, and if payment is not received by us from the
card issuer or its agents, you agree to pay us all amounts due upon demand.


11. Intellectual Property.
Ownership.
You acknowledge and agree that the Saviway Platform contains content or features
(“Service Content”) that are protected by intellectual property rights, including, as applicable,
copyright, patent, trademark, trade secret or other proprietary rights and laws.
The Service Content and all other Materials on the Site are owned and operated by
SaviWay in conjunction with others pursuant to contractual arrangements, and the Material
(and any intellectual property and other rights relating thereto) are and will remain the property
of SaviWay and its licensors and suppliers.
The Site, Material and the selection, compilation, collection, arrangement and assembly
thereof are protected by U.S. and international copyright, trademark and other laws, and you
acknowledge that these rights are valid and enforceable.
You may not copy, reproduce, republish, upload, post, transmit or distribute the Material
or other content or information available on or through the Site in any way without our prior
written permission.
The Material may be used solely to the extent necessary for your authorized use of the
Site, as provided in this User Agreement or as expressly authorized in writing by us or, if so
indicated in writing by SaviWay, its licensors or suppliers.
Modification of the Material or use of the Material for any other purpose is a violation of
SaviWay’s copyright and other proprietary rights, and is strictly prohibited.
You acknowledge that you do not acquire any ownership rights by using the Site or the
Material.
Any rights not expressly granted to you herein are reserved to SaviWay and its affiliates
and licensors.
If you download apps or software from the Site or from the App Store or Google Play or
any other source ("Software"), such Software is licensed on a limited basis to you by SaviWay
or the owner of such Software.
Title to the Software is not transferred to you.
You may own the medium on which the Software is recorded, but SaviWay retains all
right, title and interest in and to the Software, and all intellectual property rights therein.
You may not re-sell, decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human-readable form, or transfer the Software to any third party.
The Saviway Marks owned by SaviWay, whether registered or unregistered, may not be
used in connection with any product or service that is not SaviWay's, in any manner that is
likely to cause confusion with customers, or in any manner that disparages SaviWay.
Nothing contained on the Site should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any Trademark without the express written permission
of the owner.
Any rights not expressly granted herein are reserved by SaviWay. You further agree that
the functionality and features of the Saviway Platform represent valuable proprietary Material
owned by SaviWay. By having access to the Saviway Platform, you agree that you shall not
study or analyze the Saviway Platform or otherwise use the Saviway Platform for creating and
using another Internet transport marketplace or finding service.
Any use of the Saviway Platform or the Saviway Platform Content other than as
specifically authorized herein is strictly prohibited.
Misuse of any Saviway Marks is prohibited, and SaviWay will aggressively enforce its
intellectual property rights in such Saviway Marks, including via civil and criminal proceedings.
Except as expressly authorized by SaviWay, you agree not to modify, copy, frame,
scrape, rent, lease, loan, sell, distribute or create derivative works based on the Saviway
Platform or the Saviway Platform Content, in whole or in part. In connection with your use of
the Saviway Platform you will not engage in or use any data mining, spiders, robots, scraping
or similar data gathering or extraction methods.
The technology and software underlying the Saviway Platform or distributed in
connection therewith are the property of SaviWay, our affiliates and our partners (the
“Software”).
You agree not to copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or
otherwise transfer any right in the Software.
Limited License.
Subject to this User Agreement and the timely payment of all subscription fees
hereunder, we grant you a non-exclusive, nontransferable, non-sub-licensable, limited right and
license, during the term of your registration (i) to access and use the Site as made available by
us, and (ii) to use data, text, graphics, images and links (collectively, the "Material") displayed
on the Site, in each case solely for the purposes of evaluation to determine if you would like to
enter into a business relationships with other Users and for your own internal business use.
Trademarks.
The SaviWay name and logos are trademarks and service marks of SaviWay
(collectively the “SaviWay Trademarks”).
Other SaviWay, product, and service names and logos used and displayed via the
Saviway Platform may be trademarks or service marks of their respective owners who may or
may not endorse or be affiliated with or connected to SaviWay.
Nothing in this User Agreement or the Saviway Platform should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use any of SaviWay
Trademarks displayed on the Saviway Platform, without our prior written permission in each
instance.
All goodwill generated from the use of SaviWay Trademarks will inure to our exclusive
benefit. Under no circumstances will SaviWay be liable in any way for any content or Material
of any third parties (including Users), including, but not limited to, for any errors or omissions in
any content, or for any loss or damage of any kind incurred as a result of the use of any such
content.
Without limiting the foregoing, SaviWay and its designees will have the right to remove
any content that violates this User Agreement or is deemed by SaviWay, in its sole discretion,
to be otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any
content, including any reliance on the accuracy, completeness, appropriateness, or usefulness
of such content. With respect to the content you upload through the Saviway Platform or
share with other Users (collectively, “User Content”), you represent and warrant that you own
all right, title and interest in and to such User Content, including, without limitation, all
copyrights and rights of publicity contained therein.
Saviway’s Intellectual Property Rights.
Restrictions on Use.
You hereby acknowledge and agree that you may not use the Site or the Material for
any purpose other than as expressly described in the User Agreement, and you will use the
Site and Material in accordance with all applicable laws, rules, and regulations.
You will not, and will not permit any third party to: (a) copy all or any portion of the Site
or Material; (b) decompile, disassemble or otherwise reverse engineer the Site, or any portion
thereof, or determine or attempt to determine any source code, algorithms, methods, or
techniques used or embodied in the Site or any portion thereof; (c) modify, translate, or create
any derivative works based upon the Site or the Material; (d) distribute, disclose, market, rent,
lease, assign, sublicense, pledge, or otherwise transfer the Site or Material, in whole or in part,
to any third party; (e) remove or alter any copyright, trademark, or other proprietary notices,
legends, symbols, or labels appearing on or in the Site or the Material; or (f) incorporate any of
the Site or Material or any portion thereof into any other compilations, Material, Service, or
services.
In the event we reasonably believe that You have violated this Section, we may
immediately terminate your User Account and/or access to the Site and pursue equitable relief
in accordance with this User Agreement and applicable law.


12. Information and Material Provided by SaviWay or via the Site.
Although we strive to provide Material that are both useful and accurate, data and other
information change frequently.
Accordingly, although we endeavor to use reasonable care in assembling the Material,
the Material may not be up-to-date, accurate, or complete.
In addition, much of the Material are contributed to the Site by industry service
providers or Users.
The inclusion of such information does not indicate our approval or endorsement of
such providers or Users, and we expressly disclaim any liability with respect to the foregoing.
In some cases, we may provide access to forms that Users may use for the purpose of
contracting with one another.
We are not a party to any such contract, inclusion of access to such contracts does not
indicate approval or endorsement of such contracts, and we expressly disclaim any liability
with respect to the foregoing.
Users are solely responsible for determining whether, and on what terms, to enter into
business relationships with other Users.


13. Confidentiality
You agree to keep confidential all Confidential Information acquired from SaviWay,
whether in connection with your use of the Site or otherwise, by exercising the same degree of
care you exercise with your confidential information but in no instance less than a commercially
reasonable degree of care.
You may not use the Confidential Information except as expressly provided herein, and
you may not disclose the Confidential Information without prior express written permission
from SaviWay.
All Confidential Information will remain the property of SaviWay and will not in any
manner be deemed licensed or transferred to you.
You shall return or destroy all Confidential Information on SaviWay's request, upon the
termination of the User Agreement, upon termination of your rights to use the Site, or upon
termination of the access agreement under which you are authorized to use the Site.
You must comply with all privacy and data protection laws, rules, and regulations which
are or which may in the future be applicable to your use of the Site or any applications, data, or
information provided on or through the Site.
Without limiting the generality of the foregoing sentence, you agree that you will not use
or disclose to any other party any nonpublic personal information which you receive in
connection with your User Account or through the Site, except as expressly permitted in this
User Agreement or by applicable law.
You acknowledge and agree that: (a) irreparable injury will result to SaviWay in the event
of a breach by you of this obligation of confidentiality, (b) SaviWay’s remedy at law for such
breach is inadequate, (c) SaviWay, in addition to any money damages for any such breach, will
be entitled to temporary and permanent injunctive relief without the necessity of proving
damages, and (d) that SaviWay will not be required to post bond as a condition of such relief.
This provision shall survive the expiration or termination of the User Agreement and the
applicable access agreement or other agreement between SaviWay and the party that
authorized you to use the Site.


14. Feedback and Ratings
You may submit feedback, suggestions or comments ("Feedback") to enhance one or
more of the Site.
We may, in our sole discretion, decide to incorporate some or all of this Feedback into
one or more Site.
You grant us a worldwide, perpetual, nonexclusive, sublicensable, royalty-free license to
use, reproduce, distribute, transmit, disclose, display, modify, and create derivative works of
any feedback, content, data, information, or other Material you submit and/or receive through
the Site; provided that, we shall do so in accordance with applicable law and/or the applicable
agreement, if any, between the party that authorized you to use the Site and SaviWay. This
license shall survive termination of you as a User.
Notwithstanding anything to the contrary herein, to the extent any portion of the Site, or
any versions thereof or enhancements thereto are not deemed owned by SaviWay, you hereby
assign all of your right, title, and interest in the Site or any such Feedback or enhancements to
SaviWay.
You will execute such documents as may be deemed reasonably necessary to
accomplish the objectives of this Section.
Without limiting the generality of anything set forth in this User Agreement, you agree
not to submit any material or other data or information that violates law or the rights of any
third party or that is unreliable, incomplete, inaccurate, obscene, libelous, defamatory, or
otherwise objectionable.
By submitting a rating of another User to any Site, you declare that you have conducted
business directly with such User and are rating said User in good faith and accurately.
If you rate a User with which you have not conducted business directly, we may
suspend or terminate your account or your ability to rate other Users.
While we do not and cannot control any Material or other data or information provided
by you or other Users, we reserve the right to reject or remove any such Material or other data
or information at any time with or without reason.


15. Promotional Codes
If you entered a promotional code ("Promo Code") at the time of enrollment, the terms
of the Promo Code will become a part of and will supplement this User Agreement.
If there are any conflicts between the terms of the Promo Code and this User
Agreement, the terms of the Promo Code will govern.


16. Links
The Site contain links to other Internet web sites, including affiliated web sites, which
may or may not be owned or operated by us.
We have not reviewed all of the websites that are linked to the Site, and we have no
control over such websites.
Unless otherwise explicitly agreed by us, we are not responsible for the content of such
websites, any updates or changes to such websites, Service, or services offered through such
websites, or the privacy or other practices of such websites, and the fact that we offer such
links does not indicate any approval or endorsement of any material contained on any linked
website.
We are providing these links to you only as a convenience.
Accordingly, we strongly encourage you to become familiar with the User Agreement
and practices of any linked website before accessing or using it.

17. Authorized Auctions.
SaviWay maintains relationships with third party auctions who, in certain situations, use
SaviWay to transport vehicles on behalf of their customers (each an “Authorized Auction”). Any
User who authorizes an Authorized Auction under such User’s profile settings on the Saviway
Platform agrees that such Authorized Auction shall be entitled to create and place orders on
behalf of such User and by so checking the box authorizes all such transactions until the User
removes such authorization under User’s profile settings.


18. Disclaimers & Limitation of Liability
No Warranties
SaviWay does not provide transportation services, and SaviWay is not a transportation
carrier. SaviWay is a platform, marketplace and matching service that matches Dealers with
Transporters and that facilitates the arranging of Transport the Services. It is up to the
Transporter to decide whether to offer Transport the Services to a Dealer contacted through the
Saviway Platform, and it is up to the Dealer whether to accept the Transport the Services from
any Transporter contacted through the Saviway Platform. We cannot ensure that a Transporter
or Dealer will complete an arranged transportation service. We have no control over the quality
or safety of the Transport the Services that occurs as a result of the SaviWay the Services.
THE SITES, THE MATERIAL, AND ANY SOFTWARE, PRODUCT, OR SERVICE
OBTAINED FROM US ARE PROVIDED "AS IS" AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM
OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL
CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SAVIWAY AND
ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE
FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SAVIWAY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,
SPONSORS, AND AGENTS DISCLAIM ANY WARRANTY THAT YOUR USE OF THE SITES,
THE MATERIAL, OR ANY SOFTWARE, PRODUCT, OR SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES,
THE SERVER(S) ON WHICH THE SITES ARE HOSTED, OR ANY SOFTWARE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND
MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT
NEEDED TO ACCESS AND USE THE SITES, AND ALL CHARGES RELATED THERETO.
SaviWay is not responsible for the conduct, whether online or offline, of any User of the
Saviway Platform or the Services. You are solely responsible for your interactions with other
Users.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND
THE SOFTWARE AND YOUR RELIANCE THEREON.
NO OPINION, ADVICE, OR STATEMENT OF SAVIWAY OR ITS USERS, AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS, OR VISITORS,
WHETHER MADE ON THE SITES, IN THE SOFTWARE, OR OTHERWISE, WILL CREATE ANY
WARRANTY.
Opinions, advice, statements, offers, or other information or content concerning
SaviWay or made available through the Saviway Platform, but not directly by us, are those of
their respective authors, and should not necessarily be relied upon.
Such authors are solely responsible for such content.
SAVIWAY RESERVES THE RIGHT TO CHANGE ANY SOFTWARE OR HARDWARE
CONFIGURATIONS (INCLUDING STORAGE CAPABILITIES) AT ANY TIME IN ITS SOLE
DISCRETION WITH OR WITHOUT ANY NOTICE TO YOU. YOUR USE OF THE SITES AND
ANY MATERIAL PROVIDED THROUGH THE SITES ARE ENTIRELY AT YOUR OWN RISK.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER
OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY
THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE
OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES
REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING
COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING
WITHOUT LIMITATION THE PROCESSING OF ORDERS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAVIWAY WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAVIWAY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I)
THE USE OR THE INABILITY TO USE THE SAVIWAY PLATFORM; (II) ANY TRANSPORT
SERVICES ARRANGED USING THE SAVIWAY PLATFORM AND THE RESULT OR FAILURE OF
SUCH TRANSPORT SERVICES; (III) THE COST OF PROCUREMENT OF ALTERNATIVE
TRANSPORT SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF USERS OR ANY THIRD
PARTY ON THE SAVIWAY PLATFORM; OR (VI) ANY OTHER MATTER RELATING TO THE
SAVIWAY PLATFORM.
IN NO EVENT WILL SAVIWAY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SAVIWAY IN THE
LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT
APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SAVIWAY PLATFORM OR
WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE
OF THE SAVIWAY PLATFORM.


19. Indemnification
You agree to indemnify, defend, and hold SaviWay and its subsidiaries and affiliates,
and their respective officers, directors, agents, partners, sponsors, employees, and
independent contractors (collectively, the “Saviway Parties”) harmless from any claims, actions,
suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or
arising out of your use of the Saviway Platform and participation in the Transport the Services,
including: (1) your breach of this User Agreement or the documents it incorporates by
reference; (2) your violation of any law or the rights of a third party, including, without limitation,
Transporters, Dealers, other motorists, and pedestrians, as a result of your own interaction with
such third party; (3) any allegation that any Material that you submit to us or transmit through
the Saviway Platform or to us infringe or otherwise violate the copyright, trademark, trade
secret or other intellectual property or other rights of any third party; (4) your ownership, use or
operation of a motor vehicle, including your provision of Transport the Services as a
Transporter; (5) any allegation that SaviWay is obligated for the payment of wages, expenses,
benefits, taxes, or any other employer obligation with respect to any person employed by or
otherwise utilized by User in the course of receiving or providing Transportation the Services;
and/or (6) any other activities in connection with the SaviWay the Services.
This indemnity shall be applicable without regard to the negligence of any party,
including any indemnified person.
We reserve the right, at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with us in asserting any available defenses and in marshaling evidence, including
testimony if required, for any such defenses.


20. Temporary Interruptions.
You understand and agree that temporary interruptions of the Services may occur as
normal events that are out of our control.
You also understand and agree that we have no control over the third-party networks or
service(s) that we may use to provide you with the Services.
You agree that the Services are provided “AS IS” and that we assume no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communications or
personalization settings.


21. Updates and Modifications.
We reserve the right to withdraw, suspend, or discontinue at any time and from time to
time the User Agreement, any Service available on the Saviway Platform's website and any
functionality or features in or on the site, including the cessation of all activities associated with
any site, with or without notice.
We reserve the right to change this User Agreement from time to time with or without
notice to you.
It is your responsibility to regularly check and monitor the Site for any updates or
modifications to the User Agreement.
By continuing to use or access the Site following posting of any updates or
modifications to the User Agreement, you agree to be bound by such updates or modifications.


22. Arbitration and Class Waiver.
Arbitration.
You agree to arbitrate any dispute or claim that you may have with us, or any of our
affiliates, that arises out of or relates in any way to the Site or the Saviway Platform that are not
resolved by mutual agreement shall be exclusively resolved by binding arbitration to be
conducted before JAMS, or its successor.
Such arbitration will be final and binding.
YOU FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO
WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM
OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
You expressly disclaim the applicability of, and waive any rights based upon, the
Uniform Computer Information Transactions Act or the United Nations Convention on
Contracts for the International Sale of Goods.
If we elect in our discretion to submit to arbitration any dispute or claim that we may
have against you, any such arbitration will be governed by the provisions of this Section.
Unless otherwise agreed by the parties, arbitration will be held in Los Angeles,
California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot
mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance
with the rules and regulations promulgated by JAMS.
The arbitration must commence within forty-five (45) days of the date on which a written
demand for arbitration is filed by either party.
The arbitrator’s decision and award will be made and delivered within sixty (60) days of
the conclusion of the arbitration and within six (6) months of the selection of the arbitrator.
The arbitrator will not have the power to award either party any damages in excess of
the limitation on actual compensatory, direct damages set forth hereinabove.
The arbitrator may, in his or her discretion, assess costs and expenses (including the
reasonable legal fees and expenses of the prevailing part) against any party to a proceeding, to
the extent the same is permitted by law.
Any party refusing to comply with an order of the arbitrators will be liable for costs and
expenses, including attorneys’ fees, incurred by the other party in enforcing the award.
Any arbitrator shall be a retired judge of any court in California and experienced in
commercial transactions.
Resolution of the claim or dispute shall be based solely upon the substantive law
governing the claims and defenses pleaded, the arbitrator shall apply the laws of the State of
California, and shall be required to follow such law.
The arbitrator may not invoke any basis other than such controlling law.
The award shall be in writing, signed by the arbitrator, and shall include a statement
setting forth the reasons for the disposition of any claim.
The award shall include findings of fact and conclusions of law.
Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief,
any party may proceed in court without prior arbitration for the purpose of avoiding immediate
and irreparable harm.
The provisions of this arbitration section will be enforceable in any court of competent
jurisdiction.
Arbitrator Authority.
Any dispute or claim subject to arbitration pursuant to this Section 22 must be
submitted to binding arbitration before a single arbitrator administered by JAMS pursuant to
JAMS Streamlined Rules.
The arbitrator will be bound by and will strictly enforce this User Agreement and any
additional terms, agreements or attachments between you and us and may not limit, expand or
otherwise modify any of the provisions of the foregoing.
Any arbitration will be held in Los Angeles, California, unless otherwise agreed upon by
the parties in writing.
Each party will bear its own expenses in the arbitration and will share equally the costs
of the arbitration; provided, however, that the arbitrator will award the applicable party any
costs and fees to which it may be entitled under Section 18 in connection with any
indemnification claim.
You agree that your transactions with us evidence transactions in interstate commerce
and that the Federal Arbitration Act therefore governs the interpretation and enforcement of
this Section (notwithstanding the application of California law to any underlying claims).
You also agree that this Section shall survive the expiration or termination of this User
Agreement.
Class Waiver.
Any arbitration proceeding under this Section will take place on an individual basis.
Class arbitrations and class or representative proceedings of any kind are not permitted
and you expressly waive your ability to participate in a class or representative proceeding
against us or any of our affiliates.
If the arbitration clause is found inapplicable to your dispute with us, this class waiver
will continue to apply in litigation.
You agree that this class waiver is an essential element of the agreement between you
and us and that this class waiver may not be severed.
In the event that this class waiver is deemed invalid or unenforceable, then the entire
agreement to arbitrate in this Section will be null and void.
You understand and agree that you and SaviWay may each bring claims in arbitration
against the other only in an individual capacity and not on a class, collective action, or
representative basis (“Class Action Waiver”).
You understand and agree that you and SaviWay both are waiving the right to pursue or
have a dispute resolved as a plaintiff or class member in any purported class, collective or
representative proceeding, except where such waiver is prohibited by applicable law.
The arbitrator shall have no authority to consider or resolve any claim or issue any relief
on any basis other than an individual basis.
The arbitrator shall have no authority to consider or resolve any claim or issue any relief
on a class, collective, or representative basis.
Notwithstanding any other provision of this User Agreement, the JAMS rules or
otherwise, disputes regarding the scope, applicability, enforceability, revocability or validity of
the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not
by an arbitrator.
In any case in which: (1) the dispute is filed as a class, collective, or representative
action and (2) there is a final judicial determination that the Class Action Waiver is
unenforceable as to any Claims, the class, collective, and/or representative action on such
Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver
shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent
possible.


23. No Rendering of Legal or Tax Advice.
IN NO WAY DOES ANY DATA, INFORMATION, CONTENT, OR MATERIAL PROVIDED
THROUGH THE SITES (INCLUDING WITHOUT LIMITATION, ANY CONTRACTS,
DISCLAIMERS, OR MENUS) CONSTITUTE LEGAL OR TAX ADVICE.
WE ARE NOT ENGAGED IN THE PRACTICE OF LAW, NOR IN PROVIDING LEGAL OR
TAX ADVICE OR SERVICES, .
ACCESS TO, TRANSMISSION OR RECEIPT OF, OR RELIANCE UPON CONTRACTS,
FORMS, OR OTHER Material, DATA, CONTENT, OR INFORMATION FROM THE SITES DOES
NOT CREATE AND IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP
BETWEEN YOU OR ANY OTHER PERSON AND US.
AS LEGAL ADVICE MUST BE TAILORED TO THE SPECIFIC CIRCUMSTANCES OF
EACH CASE, AND LAWS ARE CONSTANTLY CHANGING, NOTHING PROVIDED HEREIN
SHOULD BE USED AS A SUBSTITUTE FOR THE ADVICE OF YOUR OWN COMPETENT
COUNSEL LICENSED IN THE APPLICABLE JURISDICTION WITH REFERENCE TO THE
PARTICULAR CIRCUMSTANCES.


24. General Provisions
Entire Agreement
This User Agreement, including any terms incorporated by reference into the User
Agreement, any additional terms published by SaviWay, and any click-through agreements
between you and SaviWay constitute the complete and exclusive agreement between the
parties with respect to the subject matter of this User Agreement, and supersede any previous
or contemporaneous negotiations, proposals, understandings, and all oral and written
agreements between the parties relating to the subject matter of this User Agreement.
To the extent of any conflict or inconsistency between the provisions in this User
Agreement and any pages referenced in this User Agreement, the terms of this User Agreement
will first prevail; provided, however, that if there is a conflict or inconsistency between the
Contract and the User Agreement, the terms of the Contract will first prevail, followed by the
provisions in this User Agreement, and then followed by the pages referenced in this User
Agreement (e.g., the Privacy Policy).
User will be responsible for notifying Authorized Users of those conflicts or
inconsistencies and until such time the terms set forth herein will be binding.
Independent Contractor Relationship
SaviWay and its personnel, agents, suppliers and affiliates are acting as independent
contractors and not as your employees or agents. Likewise, You are acting as independent
contractors and not as employees or agents of SaviWay.
No Authority
Under no circumstance will either party have the right or authority to enter into any
contracts or assume any obligations for the other or to give any warranty to or make any
representation on behalf of the other.
No oral statement of a SaviWay employee will affect the rights, obligations or warranties
of the parties hereunder.
Modifications
As our business evolves, we may change this User Agreement or the Acceptable Use
Policy.
If we make a material change to the User Agreement or the Acceptable Use Policy, we
will provide you with reasonable notice prior to the change taking effect either by emailing the
email address associated with your account or by messaging you through the Services.
You can review the most current version of the User Agreement at any time by visiting
this page, and by visiting the following for the most current versions of the other pages that are
referenced in this User Agreement: Acceptable Use Policy and Privacy Policy.
Any material revisions to this User Agreement will become effective on the date set
forth in our notice, and all other changes will become effective on the date we publish the
change.
If you use the Services after the effective date of any changes, that use will constitute
your acceptance of the revised terms and conditions.
Waiver
No failure or delay by either party in exercising any right under the User Agreement,
including the Acceptable Use Policy, will constitute a waiver of that right.
No waiver under the User Agreement will be effective unless made in writing and signed
by an authorized representative of the party being deemed to have granted the waiver.
Severability
The User Agreement, including the Acceptable Use Policy (https://saviway.com/
acceptable-use-policy), will be enforced to the fullest extent permitted under applicable law.
Except as otherwise provided with respect to the class action waiver in Section 22, if
any provision of the User Agreement is held by a court of competent jurisdiction to be contrary
to law, the provision will be modified by the court and interpreted so as best to accomplish the
objectives of the original provision to the fullest extent permitted by law, and the remaining
provisions of the User Agreement will remain in effect.
Force Majeure.
In addition to any excuse provided by applicable law, we shall be excused from liability
for non-delivery or delay in delivery of Service and the Services available through our Site
arising from any event beyond our reasonable control, whether or not foreseeable by either
party, including but not limited to: labor disturbance, war, fire, accident, adverse weather,
inability to secure transportation, governmental act or regulation, and other causes or events
beyond our reasonable control, whether or not similar to those which are enumerated above.
Assignment
We may assign this User Agreement.
We may also assign or delegate certain of our rights and responsibilities under this User
Agreement to independent contractors or other third parties.
You may not assign this User Agreement or any of your rights, responsibilities or
obligations hereunder without our prior written consent, which we may withhold in our sole and
absolute discretion.
Application of Consumer Law
SaviWay is a transportation platform intended for use by businesses and not for
consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and
agree that consumer laws do not apply. If however any consumer laws (e.g., in Australia, the
Competition and Consumer Act 2010 (Cth)) do apply and cannot otherwise be lawfully
excluded, nothing in this User Agreement will restrict, exclude or modify any statutory
warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to
the replacement, repair or resupply of the Services or the pro-rata refund to User of pre-paid
fees for your subscription covering the remainder of the term.
Governing Law.
The User Agreement, including the Acceptable Use Policy (https://saviway.com/
acceptable-use-policy), and any disputes arising out of or related hereto, shall be governed by
the laws of the State of California, without regard to conflicts of laws rules.
Any dispute arising from or related to the Site, the Saviway Platform, or the Saviway
Platform, will be governed and construed in accordance with the laws of the State of California,
without regard to its conflict of laws principles.
Any action to enforce any arbitration proceeding, and any other legal action, suit or
proceeding that is not otherwise subject to mandatory arbitration pursuant to Section 22 and
arises under or relates to the Site, the Saviway Platform, or the Saviway Platform, will be filed
exclusively in a state or federal court located in Los Angeles County, California; you consent to
such forum and waive any objection to the laying of venue in such forum.
Jurisdictional Issues.
The Site are solely directed to individuals residing in the United States.
We make no representation that Material available on or through the Site are
appropriate or available for use in locations outside of the United States.
Those who choose to access the Site from other locations do so on their own initiative
and at their own risk, and are responsible for compliance with local laws, if and to the extent
local laws are applicable.
Legal Notices, Email and SaviWay Messages
Except as otherwise set forth herein, all notices under the User Agreement will be by email
to Users using the e-mail address Users submitted during the registration process,
although we may instead choose to provide notice to Authorized Users through the Services
(e.g., an app notification).
Notices to SaviWay should be sent to support@saviway.com, except for legal notices,
which must be sent to support@saviway.com.
A notice will be deemed to have been duly given (a) the day after it is sent, in the case
of a notice sent through email; and (b) the same day, in the case of a notice sent through the
Services.
Notices under the Contract will be delivered solely to User in accordance with the terms
of that agreement.
Please also feel free to contact us if you have any questions about SaviWay’s User
Agreement.
You may contact us at support@saviway.com (mailto:support@saviway.com) or at our
mailing address below: 3330 S. Peck Ave. #2, San Pedro, California 90731.


25. Survival
This Section, and Sections 3, 4, 7, 8, 9, 10, 11, 12, 13, 18, 19, 22, 24 and all of the
provisions under the general heading “General Provisions” will survive any termination or
expiration of the User Agreement.


26. Questions.
The Saviway Platform is provided by SaviWay SaviWay, Inc. If you have any questions,
comments or complaints regarding this User Agreement or either of the Site, feel free to
contact SaviWay through the Contact Us link found at the bottom of the Site or by calling
1-800-____-_____.
SELECTING “ACCEPT” WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON
A WRITTEN CONTRACT, AND EQUALLY BINDING.

YOU MUST AGREE TO THESE TERMS AND CONDITIONS TO CREATE AN ACCOUNT
AND USE THE SAVIWAY PLATFORM.

 

 

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.