SHIPPER 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 Shippers may post deliveries and receive bids from registered Carriers. 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 SHIPPER ("SHIPPER"). 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 Shipper understands that by inputting information on a delivery Shipper needs completed, and clicking the "SUBMIT" button to post a delivery on the Site, Shipper is inviting Carriers to post a bid on the delivery, (i.e., indicate the price at which the Carriers are willing and able to perform the delivery). Shipper agrees to review bids submitted by Carriers and to contact any Carrier directly whose bid is acceptable to Shipper. At the time of contact, Shipper and Carrier will work, one with the other, to finalize all details of the delivery and reach a final agreement whereby Shipper authorizes Carrier to make said 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 SHIPPER AND CARRIER. SHIPPER 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. Shipper may contact as many Carriers as desired, and is under no obligation to contact any Carrier or to accept any bid. Shipper may also withdraw its delivery request at any time prior to acceptance by Carrier.

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

3. SERVICE REQUIREMENTS AND SITE USE Shipper shall make available each delivery which has been awarded to a Carrier by Shipper and according to the requirements set forth in the Shipper's job description. Shipper 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 Shipper's user name and password for any reason whatsoever identified by DeliverTeam.Com.

4. CARRIER PERFORMANCE INFORMATION Shipper may fill out a form provided by DeliverTeam.Com rating a Carrier which Shipper has used. This form is available at the DeliverTeam.Com website and will be retained by DeliverTeam.Com. This form will require the DeliverTeam.Com tracking number of the job the Carrier is being rated on and will ask the Shipper to rate the Carrier on various criteria. Shipper will have access to ratings done on Carriers by Shippers and Shipper may use this information in awarding jobs to Carriers. Shipper also understands and agrees that this information may be made available to Carriers to see their own ratings. 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 SHIPPER 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, SHIPPER SPECIFICALLY ACKNOWLEDGES DELIVERTEAM.COM ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVER AS RELATES TO ANY CLAIMS FOR DAMAGE OR INJURY TO SHIPPER'S PROPERTY AND SHIPPER 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 SHIPPER AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND DELIVERTEAM.COM, WITH COUNSEL ACCEPTABLE TO DELIVERTEAM.COM, FROM ANY AND ALL LOSS, LIABILITY, DAMAGES, CLAIMS, FINES, COSTS OR OTHER EXPENSES, SPECIFICALLY INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATING TO SHIPPER'S SHIPMENTS AWARDED THROUGH 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 Shipper 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 Shipper 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 Shipper 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 Shipper, Shipper may receive a regular electronic newsletter that contains important updates about DeliverTeam.Com. If any Shipper does not wish to receive the newsletter, instructions will be provided for removal from the distribution list.