User Agreement - Auto Transport City

ATC USER AGREEMENT

By using Auto Transport City (hereinafter referred to as ATC) marketplace you have agreed to comply with the following terms and conditions. Please read these conditions thoroughly as they are legally binding upon you.
  1. Terms of usage

The ATC marketplace contains copyrighted material and other proprietary information including business methods, logos, designs, applications and practices which are the sole property of ATC and are protected under United States and International law. Your membership and use of ATC marketplace does not in any way allow you the right to copy for your own use, duplicate in any manner, sell or otherwise improperly use the intellectual property of ATC without expressed, written permission from the corporation.
  1. Services Provided

ATC is a non-affiliated marketplace. ATC provides a venue where arrangements can be discussed between shippers and Transportation companies. ATC is not a vendor for any shipper or for any Transportation company and is not an agent for either party. ATC assumes no liability under any agreement that ensues between the parties. ATC is not affiliated in any way with either party to these negotiations and is not a party to any contract or agreement that may result. ATC assumes no liability for any damages which may occur during shipment, nor for any other damages related to the contractual agreement between the parties. ATC does not guarantee any service provided by the Transportation Company. Transportation Companies using ATC's services are not Agents of ATC nor are they performing any services on behalf of ATC. ATC is not an insurer nor does it provide any insurance to shippers or Transportation companies using ATC's marketplace services. ATC encourages all parties to reduce any agreements to witting and not to rely solely upon oral agreements.
  1. Registration

ATC registration is intended to be used by those who are seeking to obtain and/or provide shipping services. Parties using ATC's marketplace should be prepared to enter into legally binding contracts for the shipment of Vehicles. ATC does not provide registration or services for persons under the age of 18. ATC reserves the right to suspend or permanently terminate the registration of any person or any entity for any reason that in its sole discretion deems appropriate. ATC registration is not transferable and is limited to one account per entity. Account username and password information may not be shared with any other party. Only the registered member is authorized to use the ATC marketplace. ATC assumes no liability for the security of the log in information nor for any misuse of the members account. ATC does not prequalify, verify or validate the claims of Transportation companies including their license status, their insurance or other legal compliance by the Transportation Company. ATC assumes no liability for the accuracy of any statements provided to the shipper by the Transportation company or carrier.
  1. Shippers

Shippers are responsible to read and understand all terms and conditions, including fees and charges of ATC prior to using our marketplace. Shippers are solely responsible to read and understand all of the terms, fees and conditions of any contractual agreement with the Transport company. Shippers are responsible for arranging with the Transport Company dates and times and places for pickup and delivery of the vehicle (s) being shipped. ATC assumes no responsibility for the inability of the Transport Company to deliver the vehicle (s) in a timely manner. Shippers are hereby advised that the Transportation Company may have the authority to inspect your shipment and may have the ability to refuse to transport any items or property that may be restricted by applicable law or by contractual agreement between you and the Transportation company. ATC assumes no liability for any such act by the Transportation company.

ATC does not promote, screen or validate any Transportation service providers and does not warrant their legitimacy, their legal status including the legal status of any claimed corporation or other legal entity nor that are they in compliance with any federal, state or local laws or regulations. This includes but is not limited to broker compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21) ACT is not responsible for confirmation compliances. Shipper must confirm all such compliances directly with the Transportation company prior to entering into any agreement with them for shipment.
  1. Transportation Companies

Transportation Companies are responsible for any and all shipping agreements that they enter into with any shippers. Transportation Companies must abide by all local, state and federal rules which may apply. These include but are not limited to proper licensing of the business, the vehicle used and for the licensing of the driver. Transportation Companies are solely responsible for maintaining and provided quality services to Shippers. Transportation Companies are solely responsible for the information that they provide to Shippers. ATC assumes no liability to Shippers or to Transportation Companies for the failure to provide accurate information.
  1. Pricing and fees

Shipping and Transportations fees, pricing and costs are negotiated directly between the Shipper and the Transportation Company. The Transportation Company is solely responsible to ensure that it's posted shipping costs are accurate and up to date. ATC will only apply charges that are consistent with those provided by the Shipping Company and posted on the ATC Marketplace website. Shippers should ensure that they provide accurate information to the Transportation Company concerning the size, weight and other relevant characteristics of the item(s) being shipped.
  1. Payment Methods

ATC accepts both major credit cards and PayPal as valid payment methods on the ATC marketplace website. Both shippers and Transportation companies are responsible for the accuracy of their invoices. The parties should insure that the invoices are complete and accurate and that they reflect the amount agreed upon between the parties before submitting payment. ATC assumes no responsibility for errors made by the parties.
  1. Fees

ATC has no membership fees. All that is required is to sign up and accept the User Agreement. ATC's fees are automatically included and will be deducted from the amount from the contracted for amount forwarded to the Transportation Company. The amount invoiced to the Shipper includes all fees due ATC. The bids for Transportation services posted on our website include all fees and commission due ATC. No separate billing or invoicing will be sent to shipper by ATC.
  1. Fee Structure

ATC's fees will be imposed as follows:
Amount of Bid Fee to be charged to Transportation Company
$0.00 to $1500.00 14.9%
$1501 to $1800.00 9.99% in addition to the above charge.
$1801 to $2000.00 8.89% in addition to the above charge.
$2001 to $3000.00 7.49% in addition to the above charge.
$3001 to $7999.00 3.49% in addition to the above charge.
$8000 and above 2.99% 2.99% in addition to the above charges.

ATC reserves the right to change and/or modify its fee structure at any time without prior notice to members. ATC also reserves the right to temporarily modify and/or change the terms of it's fee structure for any purpose including, but not limited to promotional offers or other temporary discounts.
  1. Cancellation policy

Either party may request that the shipping agreement be cancelled, through ATC at any time at least 72 hours prior to the scheduled pickup. The other party will be notified through ATC via email or other direct communications. The non-cancelling party must respond at least 72 hours prior to the scheduled pickup or the agreement will be deemed as cancelled by ATC. If the shipping agreement is cancelled under this paragraph the Shipper will be refunded any payment made. The Transportation Company will be charged a cancellation fee as specified below for any cancelled agreements.
  1. Cancellation fee calculation

Cancellation fees will be charged to the Transportation Company. Fees will be based on the number of prior cancellations that the Transportation Company has incurred in the twelve months prior to the cancellation at issue.
Number of Cancellation during prior 12 Months Cancellation fee
0% to 15% cancellations No Fee
16% to 25% cancellations 15%
26% to 35% cancellations 25%
36% to 50% cancellations $500.00 plus 50%
50% to 75% cancellations $800.00 plus 70%
76% plus cancellations $1000.00 plus 90%

Any Transportation Company who has more than 76% cancellations in any 12-month prior is subject to having its account reviewed by ATC for possible suspension or revocation of membership.
  1. Use of Credit and/or Debit cards

As part of any membership with ATC the member will be required to keep a valid credit or debit card on file with ATC. The card on file may be charged by ATC to pay for agreed to fees and charges. The fees which ATC may charge to the card include. but are not limited to cancellation fees and/or chargeback fees related to the members use of the card.
  1. Information Provided

Any information provided to ATC must be complete and accurate. Members are solely responsible for the completeness and accuracy of the information they provide. Members understand that the information that they provide will be used on ATC's marketplace website. ATC assumes no responsibility to ensure the accuracy or completeness of the information provided by members on the website. ATC reserves the right to remove any information from the website that it feels is inappropriate, including that information that ATC in its sole discretion deems is misleading, offensive or threatening. Members are solely responsible for a legal consequence that may ensue from inappropriate postings. Members further, by entering into this use agreement, affirmatively represent, that no postings made by them knowingly violate any State or Federal law or regulation of any kind. Members may not post any information that would violate any rules of this user agreement. ATC reserves the right to suspend or revoke the membership of any person or entity who engages in any prohibited activity or otherwise violates the terms of this user agreement. ATC may, without notice delete any content that they, in their sole discretion violates the terms and conditions of this User Agreement.
Examples of prohibited activity include, by are not limited to:
Any request by a member after an agreement has been reached through ATC's marketplace to make payment to them other than through ATC Sharing contact information, such as email address, phone numbers and/or website information with other members for purposes of by passing and avoiding fees after agreement made through ATC marketplace Any request by a member of another member for payment outside of ATC by use of Cash wire transfer services or direct bank to bank transfers. Any charge by a Transportation company to a Shipper in excess of the amounts agreed to by an accepted bid in excess of amounts higher than those posted on ATC. Any attempt to charge or to collect any fee or fees in excess of the amount agreed upon.
Impersonating, or attempting to impersonate to anyone that you are a representative of ATC for any purpose whatsoever.
  1. Suspension or cancellation of membership

ATC reserves the right to suspend or cancel the membership of any person or entity for any reason that in it's sole discretion deems appropriate. ATC is not responsible to the member to give any reason or justification for any decision to suspend or cancel a membership.
  1. Carrier limitations of liability

Members should review any terms set by the Transportation Company or contracted for carrier prior to entering into any agreement for shipping. ATC does not set any terms relative to carrier liability and/or conditions of transport. In addition to reviewing any terms provided by the Carrier members are encouraged to consult State, local and federal laws to determine what the Carriers liability limits are.
  1. Feedback

ATC will provide a forum for feedback to be given by members after each agreement to ship has been completed. Feedback is provided after the delivery. Members may respond in either positive, negative or neutral manner. Members agree not to use the ATC feedback on any other forum. Members are solely responsible for the feedback provided. ATC cannot insure accuracy of feedback nor will it redact information provided. ATC assumes no liability for any information provided in its feedback forum by members.
  1. Dispute Resolution

If any member has a dispute, grievance or claim against ATC or another member, arising out of any transaction occurring while using the services of ATC marketplace the Member must first notify ATC members support of the dispute, grievance etc. ATC will make reasonable attempts to resolve any differences. ATC assumes no liability for any dispute between members.
  1. Domain Name

Domain names used by ATC are the sole property of ATC. No right, property, license, permission, authorization or interest of any kind is intended to be transferred to any member. Members may not make use of any content of any of the domains used by ATC without direct written authorization from ATC. That includes but is not limited to use of "meta tags" any "hidden texts" making use of ATC's name or domain name without written consent of ATC.
  1. ATC marketplace is intended to assist shippers of motor vehicles only. ATC marketplace is not to be used to arrange for shipping of any other goods or items.
  1. No Agency

This user agreement does not conger or imply any agency of any kind, partnership, joint venture or any other legal relationship between ATC and any of its members, Shippers or Transportation Companies.
  1. Non Disclosure/Confidentiality

Members are prohibited from disclosing any proprietary information concerning the business practices of ATC. That information includes, but is not limited to documents prepared by ATC, business norms and practices of ATC, object and source codes belonging to ATC, management practices, day to day business operations, capabilities, systems, marketing strategies, financial information of any kind, and any and all other information used by ATC in the operation of its website and business.
  1. Records

ATC maintains records of all transactions between ATC members in compliance with all applicable Federal, State and local laws and regulations.
  1. Non Solicitation

Members shall not solicit or attempt to employ or hire any employee of ATC. Members shall not attempt to intentionally interfere with any business relationship between ATC and any other business entity. Members shall not solicit, divert or send marketing content of any kind to any ATC member for any reason.
  1. No Warranties

ATC provides not warranties or guarantees of any kind to any of its members. Use of ATC's website is at Members sole risk. ATC does not warrant against the presence of any virus or hidden software.
  1. Members agree to indemnify for any loses, including damages and attorney fees incurred on ATC if for any reason ATC will not held to be liable for the negligence or intentional misconduct of that Member.
  1. Legal Compliance

Members must abide by all Federal, State and Local laws and regulations while using the services of ATC.
  1. Security

ATC will apply the standard industry practices to protect Members personal information. Standard security measures include the use of a firewall and Secure Socket Layers (SSL) ATC does not however warrant or guarantee in any way the security of the system. ATC does not guarantee the uninterrupted or secure access to its system due to multiple factors that are beyond its control.
  1. ATC reserves the right to change, modify and impose additional terms and conditions for the use of ATC services. Use of ATC's services after posting of any new terms and/or conditions will constitute acceptance of said terms and conditions by the Member.
  1. General Provisions

This agreement contains the entire understanding between the parties and may not be amended or changed except as contained herein. Failure of ATC to strictly enforce any provision of this agreement shall not be deemed to be a waiver of that provision. Should any provision of this agreement be deemed to be void for any reason the other provision shall remain in full force and effect. Each provision of this agreement shall be considered separately.
  1. Governing Law

Interpretation of this agreement shall be controlled and governed by the laws of the State of Wyoming.

Last Revised Date: April 3, 2018

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