CARRIER TERMS AND CONDITIONS

You must accept these Terms and Conditions by clicking the "I Accept" button in order to register with DeliverTeam.Com and use this website.

 
 

    
 
 
 

DeliverTeam.Com provides a website located on the Internet at www.deliverteam.com (the "Site") to facilitate transportation services. Through the Site, registered Carriers may submit offers to provide transportation services to Shippers. THESE TERMS AND CONDITIONS DESCRIBE THE TERMS APPLICABLE TO YOUR USE OF THIS SITE AND SHALL APPLY TO ALL TRANSACTIONS AWARDED THROUGH IT. BY CLICKING THE "I ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ, FULLY UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALSO AFFIRMATIVELY REPRESENT THAT AS A DULY AUTHORIZED REPRESENTATIVE OF YOUR COMPANY, YOU HAVE THE RIGHT TO LEGALLY ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOURSELF AND ON BEHALF OF YOUR COMPANY. ONCE THE FOLLOWING REGISTRATION FORM IS FILLED OUT, DELIVERTEAM.COM WILL DESIGNATE YOU AS A REGISTERED CARRIER ("CARRIER"). IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS BY CLICKING "I DO NOT ACCEPT" AT THE BOTTOM OF THIS PAGE, YOU WILL NOT BE ALLOWED TO REGISTER WITH DELIVERTEAM.COM AND WILL NOT BE ABLE TO USE THIS SITE. CONTINUED ACCEPTANCE OF THESE AND ANY NEW TERMS AND CONDITIONS IS A CONDITION OF MEMBERSHIP. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ENROLL. DELIVERTEAM.COM MAY CHANGE THE TERMS AND CONDITIONS AT ANY TIME, AND CHANGES ARE EFFECTIVE IMMEDIATELY. IF YOU DO NOT ACCEPT THE CHANGES, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE. BY CONTINUING TO USE THE SERVICE, YOU ACCEPT EACH CHANGE. DELIVERTEAM.COM MAY AT ANY TIME, WITHOUT NOTICE OR LIABILITY, CHANGE, ELIMINATE OR RESTRICT THE USE OF ANY FEATURES OR FUNCTIONS OF THE SERVICE OR LIMIT OR CHANGE THE OPERATION OF ANY FEATURES OR FUNCTIONS OF THE SERVICE.

1. OPERATION OF THE SITE Carrier understands that by submitting a bid and clicking the "SUBMIT BID" button Carrier is making an offer to provide transportation services for the shipment(s) listed on the appropriate web page at the proposed rate and that said rate may be accepted by a Shipper to form a binding agreement for transportation services between Carrier and Shipper. Carrier specifically acknowledges that it will enter it's bid during the period which Shipper has designated as the open bid period which period will be stated on the Site. Carrier acknowledges that Shipper will contact Carrier if Carrier's bid is acceptable to Shipper. At the time of Shipper's contact, the Shipper and Carrier will be solely responsible to work out all details associated with the delivery and reach a final agreement between themselves as relates to the delivery. DELIVERTEAM.COM WILL HAVE NO PART IN, AND ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER, AS RELATES TO ANY AGREEMENT, WHETHER VERBAL OR WRITTEN, ENTERED INTO BETWEEN SHIPPER AND CARRIER AND THE ENTERING INTO AND EXECUTION OF SAID AGREEMENT IS SOLELY THE RESPONSIBILITY OF SHIPER AND CARRIER. CARRIER SPECIFICALLY AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND DELIVERTEAM.COM WITH COUNSEL ACCEPTABLE TO DELIVERTEAM.COM, FOR ANY AND ALL CLAIMS AS A RESULT OF ANY AGREEMENT ENTERED INTO BETWEEN SHIPPER AND CARRIER. Carrier specifically acknowledges that prior to Carrier's acceptance of any delivery, DeliverTeam.Com and Shipper reserve the right to withdraw the delivery from the Site. If Carrier is awarded the delivery, Carrier shall obtain a signed delivery receipt for all awarded deliveries unless other arrangements are made and agreed to between Shipper and Carrier.

2. CONFIDENTIALITY All shipment information on the Site is proprietary and confidential to DeliverTeam.Com. Carrier agrees not to use this Site to identify other Carriers who perform same day deliveries or attempt to circumvent the services being provided by DeliverTeam.Com

3. SERVICE REQUIREMENTS AND SITE USE Carrier agrees to pick-up and deliver each shipment awarded to it according to the terms agreed to between Shipper and Carrier and Carrier specifically acknowledges and recognizes that time is of the essence for all shipments. Carrier agrees to comply with all statutes, rules and regulations of any and all jurisdictional agencies for shipments awarded at this Site and shall not use this Site to facilitate price fixing or other conduct in violation of any antitrust laws or other applicable laws or regulations. DeliverTeam.Com reserves the right to suspend a Carrier's user name and password for any reason whatsoever identified by DeliverTeam.Com.

4. CARRIER PERFORMANCE INFORMATION Carrier understands that DeliverTeam.Com retains performance related information as provided in performance surveys completed by Shippers who have used a particular Carrier. Upon request, DeliverTeam.Com may provide access to this information to Carrier and change any information that Carrier is able to document and verify as being inaccurate. Carrier specifically acknowledges that this performance related information may be made available to Shippers. DELIVERTEAM.COM DOES NOT ENDORSE, ASSERT OR STAND BEHIND THE TRUTHFULNESS OR RELIABILITY OF OPINIONS, ADVICE OR STATEMENTS GIVEN OR MADE BY ANYONE IN ANY MANNER ON OR THROUGH THE SERVICE, AND CARRIER SPECIFICALLY ACKNOWLEDGES THIS INFORMATION IS PROVIDED SOLELY AS A CONVENIENCE BY DELIVERTEAM.COM.

5. CARGO LIABILITY Carrier shall be responsible to assure that all shipments are properly protected, loaded and secured. Carrier shall also remain liable for the full actual loss, damage or injury to the Shipper's property, assuming the same liability, no more and no less, as it does for any delivery. Carrier shall promptly communicate to Shipper any problems which may occur during transit immediately or as quickly as possible after such incident. IT IS THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE CARRIER TO FULFILL THESE OBLIGATIONS AND FOR SHIPPER AND CARRIER TO FULLY DISCUSS AND AGREE TO ALL TERMS REGARDING CARRIER'S LIABILITY. AS SUCH, CARRIER SPECIFICALLY ACKNOWLEDGES DELIVERTEAM.COM ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVER AS RELATES TO ANY CLAIMS FOR DAMAGE OR INJURY TO SHIPPER'S PROPERTY OR TO CARRIER AND CARRIER AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND DELIVERTEAM.COM WITH COUNSEL ACCEPTABLE TO DELIVERTEAM.COM FOR ANY AND ALL SUCH CLAIMS.

6. INDEMNIFICATION, WARRANTIES AND LIMITATIONS OF LIABILITY CARRIER AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND DELIVERTEAM.COM, WITH COUNSEL ACCEPTABLE TO DELIVERTEAM.COM, FROM ANY AND ALL LOSS, LIABILITY AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR AUTOMOBILE ACCIDENTS, LOST, DAMAGED OR STOLEN FREIGHT, ERRONEOUS OR INCORRECT INFORMATION PROVIDED BY THE SHIPPER TO CARRIER AND ALL ATTORNEY'S FEES WHICH ARISE FROM OR RELATING TO CARRIER'S USE OF THIS SITE. DELIVERTEAM.COM PROVIDES THIS SITE ON A "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND DELIVERTEAM.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DELIVERTEAM.COM DOES NOT WARRANT THAT THE SITE IS ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELIVERTEAM.COM BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, DATA, USE OR INFORMATION, EVEN IF DELIVERTEAM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. RELATIONSHIP OF PARTIES Carrier and DeliverTeam.Com are independent contractors and no agency, partnership, joint venture, employer, employee or other similar relationship is intended to be created by Shipper's acceptance of these Terms and Conditions. Shipper shall have the sole responsibility for compensating any and all Carriers and DeliverTeam.Com shall have no responsibility regarding the same.

8. CONTROLLING LAW AND VENUE The parties agree that these Terms and Conditions shall be governed by the laws of the State of Illinois and that in the event litigation is initiated, the parties agree that exclusive venue for any such legal action shall lie only in the Federal Court of the Northern District of Illinois or the State Court's located in Cook County, Illinois.

9. ASSIGNMENT Carrier shall not assign any rights, duties or obligations under these Terms and Conditions without the prior written consent of DeliverTeam.Com, who shall be entitled to withhold such consent.

10. NOTICE All notices to a party shall be in writing and shall be made either via email or certified mail. For purposes of email, the date and time of transmission shall be considered the date of receipt so long as the Carrier makes verbal confirmation with the Sendee to confirm receipt. For purposes of certified mailing, the date of mailing shall be considered the date of receipt so long as said notice is properly addressed and proper postage is affixed thereto. All notices to DeliverTeam.Com shall be sent by e-mail to www.DeliverTeam.com or by certified mail to DeliverTeam, 632 Pratt Ave. North, Schaumburg, Illinois 60193.

11. MISCELLANEOUS These Terms and Conditions represent the entire agreement between Carrier and DeliverTeam.Com. If any provision of these Terms and Conditions are held to be invalid or unenforceable, such invalidation shall not effect any other Terms and Conditions provided herein and such remaining Terms and Conditions shall remain in full force and effect. Either parties' failure to strictly enforce any provisions of these Terms and Conditions shall not be construed as a waiver or modification thereof excusing the other party from performance. Upon enrollment, as a Registered Carrier, Carrier may receive a regular electronic newsletter that contains important updates about DeliverTeam.Com. If any Carrier does not wish to receive the newsletter, instructions will be provided for removal from the distribution list.