Terms of Service

Definitions

For purposes of these Terms and Conditions:

• Platform — the website, calculator, and any associated software provided by the Company for Shippers, Drivers, and Receivers to coordinate with each other.
• Shipper — businesses or individuals that use the Platform to find and connect with Drivers who provide Delivery Services.
• Driver — independent contractor delivery drivers who provide Delivery Services, including at the request of or for the benefit of a Shipper.
• Receiver — the businesses or individuals that receive items shipped by Shippers and delivered by Drivers.
• User — all users of the Platform, including Shippers, Drivers, and Receivers.
• Task (also "Delivery Task") — a Delivery Service request created by a Shipper and performed by a Driver.
• Account — a unique account created for you to access the Platform or parts of it.
• Device — any device that can access the Platform, such as a computer, cellphone, or tablet.
• Feedback — feedback, innovations, or suggestions you send us regarding the Platform.
• Third-Party Social Media Service — any services or content provided by a third party that may be displayed, included, or made available by the Platform.
• You — the individual accessing or using the Platform, or the company or other legal entity on whose behalf that individual is acting.

Please Review Carefully

THIS AGREEMENT REQUIRES THAT DISPUTES BETWEEN YOU AND THE COMPANY BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH ARBITRATION, PROHIBITS YOU FROM BRINGING OR JOINING A CLASS ACTION LAWSUIT, WAIVES YOUR RIGHT TO A JURY TRIAL, AND LIMITS THE TIME YOU HAVE TO FILE A CLAIM. SEE THE ARBITRATION AGREEMENT SECTION BELOW.

A. The Platform

The Platform functions as logistics management software and a marketplace, providing online and offline means for Shippers and Drivers to announce, accept, and request Delivery Services.

Shippers use the Platform’s online tools (website, calculator) and offline tools (phone, email, text, chat) to define delivery routes, requirements for delivery Tasks, and payment information. The Platform includes tools such as route mapping and payment calculators to help Shippers create Delivery Service requests. The Company may offer suggestions to Shippers but does not create, control, or manage Delivery Service specifications — Shippers decide the requirements and payment for their own delivery Tasks.

Drivers use the Platform’s online and offline tools to view, accept, and perform delivery Tasks. The Company may offer suggestions to Drivers but does not force, accept, or perform Delivery Services on a Driver’s behalf — Drivers decide which delivery Tasks they are willing to accept and perform.

The decision to offer, accept, or seek Delivery Services is solely at the discretion of each User. The Company functions solely as logistics management software and a platform.

The Company is not a motor carrier or provider of delivery or transportation services. The choice to contract for Delivery Services through the Platform rests solely with each independent User.

Drivers are independent contractors who use the Platform to access Shippers’ Delivery Service requests. Drivers do not perform services for the Company.

B. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so is a breach of these Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password you use to access the Platform and for any activity under your password. You agree not to disclose your password to any third party, and you must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark subject to another party’s rights without authorization, or a name that is offensive, vulgar, or obscene.

You agree not to engage in discrimination against any User or third party on the basis of race, sexual orientation, gender, gender identity, religion, national origin, disability, marital status, age, or any other characteristic protected by applicable law.

You agree to abide by all applicable federal, state, and local laws, regulations, and rules concerning your use of the Platform, to the extent legally applicable to you.

The Platform is protected by reCAPTCHA, and the Google Privacy Policy and Terms of Service apply.

C. Intellectual Property

The Platform and its original content (excluding content provided by you or other Users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Platform is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

D. Your Feedback to Us

You assign all rights, title, and interest in any Feedback you provide us. If for any reason such assignment is ineffective, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

E. Links to Other Websites

The Platform may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party website or service. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services. We strongly advise you to read the terms and privacy policies of any third-party website or service you visit.

F.1 Shipper Terms — Information About You, Deliveries, and Receivers

By placing a Delivery Request through the Platform, you warrant that you are legally capable of entering into binding contracts.

If you wish to place a Delivery Request, you may be asked to supply information relevant to the Delivery Task about you, the Receiver, or another third party, including name, email, phone number, payment card or bank account information, billing address, and shipping information.

You represent and warrant that: (i) you have the legal right to use any payment method you provide in connection with a Delivery Task; and (ii) the information you supply to us is true, correct, and complete. By submitting this information, you grant us the right to provide it to payment-processing third parties to facilitate completion of your Delivery Task.

F.2 Shipper Terms — Delivery Tasks, Payments, and Adjustments

As a Shipper, you determine the requirements for a Delivery Service and what is considered an acceptable level of quality. You are expected to communicate job requirements to Drivers through the Platform, and you agree to release the Company from any related claims.

You acknowledge that you determine the payment amount for the Delivery Services you request. You retain the right to modify or withhold all or part of a Delivery Service payment only: (i) in compliance with applicable federal, state, and local employment law; (ii) to compensate for your or your Receiver’s financial losses; and (iii) without discrimination toward Drivers. You agree to indemnify the Company from any claims that arise from payment adjustments you make.

Driver payments are made using the payment methods you provide. If you fail to provide a valid payment method, you are responsible for any missing payments or resulting violations of employment law. The Company is not responsible for any payments owed to Drivers.

The Company uses third-party payment processors (such as Stripe) to process Delivery Service payments. Any processing fees charged by the processor for your chosen payment method will be reflected in your billing. The Company does not profit from payment-processing fees; those fees are paid to the third-party processor.

F.3 Shipper Terms — Delivery Service Cancellation

You may cancel your Delivery Service request with a valid reason provided to the Driver. As the party offering the delivery opportunity, you are responsible for paying a fair cancellation fee to the Driver.

We reserve the right to refuse or cancel your Delivery Service request at any time for reasons including Driver availability or interest, or errors in the description of the Delivery Task, and if you have outstanding payments or we suspect fraud or an unauthorized or illegal transaction.

F.4 Shipper Terms — Availability, Errors, and Inaccuracies

We cannot and do not guarantee the accuracy or completeness of any information, including payment estimates, delivery quality, specifications, and availability. We reserve the right to change or update information and correct errors, inaccuracies, or omissions at any time without prior notice.

Drivers are independent contractors who accept Delivery Tasks at their own discretion. The Company cannot and does not predict, force, or guarantee Driver availability.

F.5 Shipper Terms — Non-Solicitation and Non-Circumvention

During the term of this Agreement and for one year afterward, Shippers shall not solicit or encourage any employee, vendor, independent contractor, or client of the Company to leave or terminate their relationship with the Company for any reason.

Shippers agree not to contact or attempt to conduct business, for the purpose of circumventing the Company, with any Driver they met or were introduced to through the Platform. Circumventing the Company in a way that would prevent it from realizing a profit, fee, or other gain requires the Company’s explicit written permission on a case-by-case basis. A Shipper who violates this section agrees to pay a finder’s fee of $5,000 per Driver, and to provide all records necessary to demonstrate compliance with this condition.

F.6 Shipper Terms — Indemnification

The Shipper agrees to indemnify the Company, its subsidiaries, and their respective successors, assigns, directors, officers, employees, agents, stockholders, and affiliates (the "Indemnified Parties") from and against all claims, demands, actions, damages, liabilities, losses, settlements, judgments, costs, and expenses (including reasonable attorneys’ fees), arising out of or related to: (1) any breach of a Shipper representation or warranty in these Terms; (2) any breach of a Shipper covenant or obligation under these Terms or applicable law; (3) any violation of the rights of a third party, including other Users, Receivers, motorists, or pedestrians; (4) any third-party claim arising from an act or omission of the Shipper or the Shipper’s personnel; and (5) any Delivery Service payment dispute between the Shipper and a Driver, or violation of applicable employment law connected to it — in each case whether or not caused in part by the Company’s negligence, and whether or not the claim has merit.

G.1 Driver Terms — Agreements and Representations

As a Driver, you represent and agree that:

• You are qualified to operate any vehicle used to perform Delivery Services in accordance with applicable federal and state regulations, and you hold a valid driver’s license that permits it.
• You are physically and mentally fit to operate a vehicle, and your vehicle complies with applicable industry safety standards.
• You will perform Delivery Services in a manner that prioritizes safety, and you have the physical capacity to lift objects weighing up to 50 pounds. Some Delivery Tasks may involve loads exceeding 50 pounds, which you may accept at your own discretion.
• You understand that the Platform collects real-time tracking, GPS, proof-of-delivery photos, and other information related to your Delivery Tasks, in accordance with Shipper requirements, and that you may receive notifications through the Platform or directly from support.
• You understand that you will be notified of available Delivery Tasks by SMS, push notification, or phone call, and that your phone number and name will be shared with Shippers and Receivers so they can contact you directly about a Delivery Task.

G.2 Driver Terms — Delivery Tasks, Payments, and Adjustments

Shippers determine the requirements for a Delivery Service and what is considered an acceptable level of quality, communicated through the Platform or directly (text, push notification, phone call, or through the Company’s support team on the Shipper’s behalf). You acknowledge that Shipper requirements apply to all Delivery Tasks you accept.

You acknowledge that Shippers determine the payment amount for the Delivery Services requested, conditioned on you meeting quality expectations. Shippers, or the Company’s support team acting at a Shipper’s request, retain the right to modify or withhold all or part of a delivery payment if: you have engaged in fraudulent or abusive behavior toward a Shipper, the Company, or a payment system; you have violated these Terms; you have engaged in gross negligence or intentional misconduct that results in or is likely to result in liability for the Company or a Shipper; a Shipper has a valid complaint (including a late, poor-quality, or damaged delivery); or there is a reasonable belief that you may have liability to the Company or a Shipper connected to a Delivery Service you provided.

G.3 Driver Terms — Independent Contractor Relationship

Your relationship with the Company and with Shippers is that of an independent contractor. Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship. You are not entitled to any benefits the Company or a Shipper may make available to its employees, including group health or life insurance, profit sharing, or retirement benefits.

You are solely responsible for filing, on a timely basis, all tax returns and payments required by any federal, state, or local tax authority in connection with your Delivery Services and the fees you receive. Neither the Company nor Shippers will withhold payroll taxes on your behalf; amounts paid to you will be reported on Form 1099 as required by law.

As an independent contractor, you are under no obligation to accept any Delivery Task, and you retain exclusive discretion over which Tasks to accept. Once you accept a Task, you are obligated under these Terms to complete it per the Shipper’s instructions. The Company will not dictate the manner or method by which you complete an accepted Task, and you are not subject to supervision by the Company while performing it. You are not obligated to wear a uniform or display signage for the Company or any Shipper on your vehicle.

G.4 Driver Terms — Insurance, License, and Permits

You are responsible for obtaining, at your own cost, all insurance necessary to perform Delivery Services, including automobile liability insurance, and any workers’ compensation, occupational hazard, or health insurance coverage and licenses or permits required for the items you agree to deliver. This responsibility, and its cost, rests solely with you.

The Company assumes no responsibility for expenses or losses you may incur from an injury sustained while performing a Delivery Task, and you are not entitled to healthcare or compensation from the Company for such an injury. All Drivers operate as independent contractors, and the Company does not provide workers’ compensation insurance for any Driver unless required by specific state law. You are responsible for maintaining suitable health insurance coverage before performing Delivery Services.

YOUR STANDARD AUTOMOBILE LIABILITY INSURANCE MAY NOT COVER YOU WHILE PERFORMING A DELIVERY SERVICE OR USING THE PLATFORM. IT IS YOUR RESPONSIBILITY TO CONFIRM WITH YOUR INSURER THAT YOUR COVERAGE EXTENDS TO DELIVERY SERVICES AND USE OF THE PLATFORM BEFORE ACCEPTING A DELIVERY TASK.

G.5 Driver Terms — Equipment, Vehicles, and Costs

You are responsible for providing all equipment, vehicles, tools, and labor required to perform Delivery Services in accordance with Shipper requirements, and for covering all associated operational costs, including fuel, tolls, maintenance, and other transportation fees.

G.6 Driver Terms — Non-Circumvention

Drivers agree not to contact or attempt to conduct business, for the purpose of circumventing the Company, with any Shipper they met or were introduced to through the Platform. Circumventing the Company in a way that would prevent it from realizing a profit, fee, or other gain requires the Company’s explicit written permission on a case-by-case basis.

G.7 Driver Terms — Background Checks

By accessing the Platform, all Drivers consent to a background check, including a motor vehicle record check, criminal background check, and/or investigative consumer report, which may be conducted annually or more frequently. Drivers consent to the Company obtaining information about their criminal and driving records and agree to provide any information or authorization necessary to facilitate that access. A Driver’s access to the Platform and ability to perform Delivery Services is subject to successful completion of any background check to the Company’s satisfaction, and to the Driver continuing to meet the basic safety and quality standards required by Shippers.

G.8 Driver Terms — Indemnification

The Driver agrees to indemnify the Company, its subsidiaries, and their respective successors, assigns, directors, officers, employees, agents, stockholders, and affiliates (the "Indemnified Parties") from and against all claims, demands, actions, damages, liabilities, losses, settlements, judgments, costs, and expenses (including reasonable attorneys’ fees), arising out of or related to: (1) any breach of a Driver representation or warranty in these Terms; (2) any breach of a Driver covenant or obligation under these Terms or applicable law; (3) any violation of the rights of a third party, including other Users, Receivers, motorists, or pedestrians; (4) any third-party claim arising from an act or omission of the Driver or the Driver’s personnel; (5) the possession, use, operation, loading, unloading, or transport of cargo in or on any vehicle used to perform Delivery Services; (6) a lack of necessary insurance, licenses, permits, training, or other authorization required to provide Delivery Services; (7) non-payment of taxes or related obligations, including payroll taxes, self-employment taxes, or workers’ compensation premiums required under applicable law; (8) any other activity connected to the Delivery Services; and (9) any Delivery Service payment dispute between the Driver and a Shipper, or violation of applicable employment law connected to it — in each case whether or not caused in part by the Company’s negligence, and whether or not the claim has merit.

H. Arbitration Agreement

You agree that any dispute or claim that has arisen or may arise between you and the Company, or that relates to the Delivery Services or the Platform — including federal and state statutory claims, common-law claims, and claims grounded in contract, tort, fraud, or misrepresentation — will be resolved exclusively through final and binding individual arbitration, instead of in court. You or we may bring claims in small claims court instead, provided the matter stays within that court’s jurisdiction and proceeds only on an individual basis. This Arbitration Agreement is intended to be broadly construed.

YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER RELIEF IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL LAWSUIT. INSTEAD, YOU MAY BRING CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING ONLY, NOT BEFORE A JUDGE OR JURY.

H.1 Waiver of Jury Trial

You and the Company relinquish any constitutional and statutory right to file a lawsuit in court and receive a trial before a judge or jury. Instead, you and the Company have agreed to resolve claims and disputes through arbitration, except as otherwise stated in this Arbitration Agreement. Arbitration does not involve a judge or jury, and court review of an arbitration award is limited.

H.2 Waiver of Class or Consolidated Actions

Unless expressly agreed in this Agreement, you and the Company agree to give up any right to resolve claims within the scope of this Arbitration Agreement on a class, collective, representative, or private attorney general basis. All claims and disputes within its scope must be arbitrated on an individual basis. Claims involving more than one customer or User cannot be arbitrated or litigated jointly or consolidated with those of any other customer or User, except as this Agreement provides.

H.3 Arbitration Rules

This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") in all respects. If the FAA’s rules and procedures cannot be applied for any reason, the state law governing arbitration agreements in the state where you reside will apply.

The arbitration will be administered by the American Arbitration Association ("AAA") under its rules and procedures, as modified by this Arbitration Agreement, including the AAA’s Consumer Arbitration Rules where applicable (available at adr.org/Rules). If the AAA is unable to administer the arbitration, an alternative administrator will be chosen by the parties or by a court.

A demand for arbitration must be filed under the AAA’s directions and delivered by certified mail to the Company, and must include the information required by the AAA’s Demand for Arbitration form, including your email, phone number, a description of the claims, and the relief sought. Mass, group, collective, or consolidated notices of dispute are not allowed. The place of arbitration will be Boston, Massachusetts.

Before either party demands individual arbitration, you and the Company agree to engage in a personal meeting or phone call and make a sincere attempt to informally resolve any claim covered by this Arbitration Agreement. The party initiating the dispute must give the other party written notice of its intent to begin informal resolution, and that conference must take place within 60 days of the other party receiving notice, unless both parties agree to an extension.

The arbitrator will have no authority to award punitive damages or damages not measured by the prevailing party’s actual damages, except as required by statute, and will not award consequential damages. Any award will be limited to monetary damages and will not include an injunction or direction to any party other than to pay a monetary amount. Each party will bear its own costs and an equal share of the arbitrator’s and administrative fees. Except as required by law, neither party nor an arbitrator may disclose the existence, content, or result of any arbitration without both parties’ prior written consent.

I. "As Is" and "As Available" Disclaimer

The Platform is provided to you "AS IS" and "AS AVAILABLE," with all faults and defects, without warranty of any kind. To the maximum extent permitted by law, the Company disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Platform, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company makes no representation that the Platform will meet your requirements, achieve any intended result, be compatible with other software or systems, operate without interruption, or be error-free.

THE COMPANY DOES NOT REPRESENT, WARRANT, OR GUARANTEE THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM OR OF ANY DELIVERY SERVICE REQUESTED OR PROVIDED THROUGH IT, AND DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF ANY USER TO RECEIVE OR PROVIDE SERVICES. THE ENTIRE RISK ARISING FROM YOUR USE OF THE PLATFORM AND ANY DELIVERY SERVICE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THAT A USER PROVIDING OR RECEIVING SERVICES THROUGH THE PLATFORM MIGHT NOT BE INSURED, LICENSED, OR PERMITTED, AND YOU RELEASE THE COMPANY FROM LIABILITY ARISING FROM THAT CIRCUMSTANCE.

J. Limitation of Liability

The Platform may be used by you to request and schedule transportation of goods or logistics services from other Users (Drivers) and third-party providers, but the Company has no responsibility or liability to you related to that transportation or those services other than as expressly set forth in these Terms.

THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, RELATED TO ANY USE OF THE PLATFORM OR ANY DELIVERY SERVICE PROVIDED OR RECEIVED BETWEEN USERS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE PLATFORM FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED DOLLARS ($500). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

K. For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you reside.

L. United States Legal Compliance

You represent and warrant that (i) you are not located in a country subject to a United States government embargo or designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

M. Severability, Waiver, and Governing Law

This Agreement is governed by the laws of the State of Massachusetts. If any provision of these Terms is held unenforceable or invalid, that provision will be changed and interpreted to accomplish its objective to the greatest extent possible under applicable law, and the remaining provisions will remain in full force and effect. Except as provided here, a failure to exercise a right or require performance of an obligation under these Terms does not affect a party’s ability to exercise that right or require that performance later, and the waiver of a breach does not waive any subsequent breach.

N. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Platform ceases immediately. If you wish to terminate your account, you may simply discontinue using the Platform.

O. Changes to These Terms and Conditions

We may modify or replace these Terms at any time, at our sole discretion. If a change is material, we will make reasonable efforts to give at least 30 days’ notice before it takes effect; what counts as material is determined at our sole discretion. By continuing to access or use the Platform after a revision becomes effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, in whole or in part, please stop using the Platform.

Contact Us

If you have questions about these Terms and Conditions, contact us:

• Phone: (617) 410-5545
• Email: info@courierservicenashville.com
• Address: 901 Woodland St, Nashville, TN 37206