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Terms – RITZIP
Terms of Service
Last Updated January 4, 2023<\/p>\n\n\n\n

    \n
  1. Introduction.
    By clicking \u201cI accept\u201d or \u201cI agree\u201d or accessing or using the RITZIP application, website, application programming
    interface, or technology platform (collectively, the \u201cRITZIP Service\u201d), you agree to this RITZIP Terms of Service (the
    \u201cAgreement\u201d), which is a binding contract between you and RITZIP OMI, Inc. (\u201cRITZIP,\u201d \u201cwe,\u201d \u201cus,\u201d or \u201cour\u201d) that
    sets forth the general terms and conditions of your use of the RITZIP Service. In addition, when using certain services,
    you will be subject to any additional terms applicable to such services that may be posted on the RITZIP Service from
    time to time, which are hereby incorporated by reference into this Agreement.
    You: (i) have read and understand the terms of this Agreement; and (ii) agree to use the RITZIP Service in compliance
    with this Agreement and all foreign, national, international, federal, state, provincial, municipal, or local laws,
    regulations, rules, or other instruments having the force of law applicable (now or in the future) relating to the
    performance by any party of its obligations under this Agreement, and including those with respect to the brokering or
    transportation of goods or cargo by road (\u201cApplicable Laws\u201c). You may not use the RITZIP Service if you do not agree
    to the terms of this Agreement.
    RITZIP may need to make changes to this Agreement from time to time, typically to conform to current practices,
    comply with changing regulatory requirements, or other similar purposes. If we modify this Agreement in a manner
    that materially changes the terms or scope of the RITZIP Service, we will make reasonable efforts to notify you by
    posting of an updated version of the Agreement at www.RITZIP.com\/legal and\/or via email. Your continued use of the
    RITZIP Service after reasonable notice of such changes shall constitute your consent to the changes.
    THIS AGREEMENT INCLUDES A DISPUTE RESOLUTION PROVISION IN SECTION 18 THAT REQUIRES ARBITRATION OF
    DISPUTES AND WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
    The Section headings and italicized summaries contained below are for your convenience only, and do not have any
    legal meaning or effect.<\/li>\n\n\n\n
  2. What is the RITZIP Service?
    RITZIP is an online marketplace that allows car Shippers and Carriers to connect and self-arrange for
    transportation through an easy-to-use app.
    The RITZIP Service is an online technology platform that provides a marketplace where those seeking to have vehicles
    transported, including individuals, vehicle manufacturers, finance companies, leasing and rental companies, car
    dealerships, and vehicle auctions (each, a \u201cShipper\u201d) can meet and connect with owners and operators of heavy
    vehicles or commercial motor vehicles who provide commercial transportation services (\u201cCarriers\u201d) and self-arrange
    for transportation (i.e., Shippers arranging directly with Carriers). Transportation services provided by Carriers
    to Shippers (collectively, \u201cUser\u201d or \u201cUsers\u201d) that connect through the RITZIP Service shall be referred to
    collectively as the \u201cTransport Services.\u201d RITZIP itself does not in such User\u2019s sole discretion. Each Transport
    Service provided by a Carrier shall constitute a separate and direct agreement between the Shipper and the Carrier.
    Terms – RITZIP
    By using the RITZIP Service to order or deliver Transport Services you assume all obligations related thereto, including
    compliance with all Applicable Laws. THE PROVISION OF TRANSPORT SERVICES IS SOLELY THE RESPONSIBILITY OF
    THE CARRIER WITHOUT ANY DIRECT OR INDIRECT RESPONSIBILITY OR LIABILITY TO RITZIP. RITZIP IS ONLY THE
    PROVIDER OF THE TECHNOLOGY USED BY SHIPPER AND CARRIER TO MEET. RITZIP DOES NOT ACT AS A CARRIER
    OR BROKER AND DOES NOT UNDER ANY CIRCUMSTANCES UNDERTAKE ANY CARRIAGE OR TRANSPORTATION
    MANDATE WHATSOEVER.
    Sippers. You acknowledge and agree that you are entering into a legally binding agreement directly with the Carrier
    for the Transport Services unless the transaction is prohibited by Applicable Law or by this Agreement. Although the
    RITZIP Service may provide the option to purchase different service levels (e.g., Standard, Gold, or Platinum), you
    acknowledge that, unless otherwise noted by the Carrier, pick-up dates, delivery dates, and transit times are estimates
    only and are not guaranteed. A Carrier reserves the right to inspect your shipment before accepting it, and to refuse to
    transport any item prohibited by this Agreement or by Applicable Law. You further represent and warrant that each
    vehicle you place on the RITZIP Service for Transport Services is exclusively owned by you and in your sole possession
    and control and fit for safe transportation and in compliance with all Applicable Laws.
    Carriers. You must legally be able to transport the shipments you book through RITZIP. You agree that it is your sole
    obligation to comply with all Applicable Laws that may apply, including all local, state, provincial and federal licensing
    requirements. Carriers agree that they are solely responsible for all aspects of the Transport Service, which is solely
    provided by the Carrier and not by RITZIP. You understand and acknowledge that all shipment information is provided
    by other Users and that RITZIP has no control over or responsibility for the accuracy of this information. You are
    responsible for reading all shipment details, and by booking shipments on the RITZIP Service, you are entering into a
    legally binding agreement directly with the Shipper to complete the services as requested by the Shipper through the
    RITZIP Service. You further agree that, in the event of a conflict between the terms, conditions and provisions of any
    bill of lading, receipt, tariff, general terms and conditions or shipping document issued by a Carrier or Shipper and those
    of this Agreement, the terms, conditions, and provisions of this Agreement shall govern and control. Nothing contained
    in any such bill of lading, receipt, or shipping document shall be construed to expand or amend the rights and
    obligations of RITZIP under this Agreement.
    Federal, Provincial and State Laws. In the United States, the Federal Motor Carrier Safety Administration
    (\u201cFMCSA\u201d), part of the U.S. Department of Transportation, requires that all carriers handling interstate
    shipments register with it and provide certain information. You can determine the registration and safety
    statutes applicable to you at www.fmcsa.dot.gov and by consulting your legal counsel. Certain Transport
    Services may involve movements only within one state. Several states have statutes and regulations
    pertaining to such intrastate transportation. In Canada, certain provincial regulators having jurisdiction
    over commercial carrier operations (collectively, the \u201cProvincial Transport Ministries\u201c) require that all
    carriers operating within their province register with such regulator. Certain Transport Services may involve movements
    only within one province. Several provinces have statutes and regulations pertaining to both intraprovincial and
    interprovincial transportation.
    We suggest you check with the applicable state\u2019s Department of Transportation or applicable province\u2019s Provincial
    Transport Ministry and your legal counsel to determine application of any state or provincial laws and regulations to you
    and your provision of Transport Services. You are solely responsible for determining the registration requirements and
    safety statutes and regulatory compliance obligations applicable to you. You are
    solely responsible for ensuring that you know and that you comply with all Applicable Laws.
    Terms – RITZIP<\/li>\n\n\n\n
  3. What RITZIP is NOT.
    RITZIP is NOT a carrier or broker.
    RITZIP IS NOT A MOTOR CARRIER UNDER 49 USC \u00a713102(14) OR ANY OTHER STATE OR FEDERAL REGULATION.
    RITZIP IS NOT A BROKER UNDER 49 USC \u00a713102(2), 49 CFR \u00a7371.2(a), OR ANY OTHER STATE OF FEDERAL
    REGULATION. RITZIP IS NOT AN OWNER OR OPERATOR OF HEAVY VEHICLES OR A CARRIER OR A BROKER OR
    INTERMEDIARY UNDER THE QUEBEC ACT RESPECTING OWNERS, OPERATORS AND DRIVERS OF HEAVY VEHICLES,
    THE REGULATION RESPECTING THE REQUIREMENTS FOR BILLS OF LADING, THE CIVIL CODE OF QUEBEC, THE
    BRITISH COLUMBIA MOTOR VEHICLE ACT REGULATIONS, B.C. REG. 26\/58 OR OTHER PROVINCIAL EQUIVALENTS OR
    ANY OTHER PROVINCIAL OR FEDERAL REGULATION. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY
    AGREEMENT OR DOCUMENT SHALL BE CONSTRUED TO IMPLY THAT RITZIP IS AN OWNER OR OPERATOR OF HEAVY
    VEHICLES OR CARRIER OR BROKER OR AN INTERMEDIARY.
    The Carrier-Specific Obligations set forth in Section 7 below notwithstanding, RITZIP has no control over the quality,
    safety, or legal aspects of the Transport Services or the transactions between Users. RITZIP does not endorse,
    recommend, or refer any specific Carrier, nor does RITZIP have any control or influence over actions or decisions made
    by users of the RITZIP Service. All users of the RITZIP Service make their own decisions and you acknowledge and
    agree that we are not in any way arranging or recommending transportation services on your behalf. RITZIP has no
    control over the accuracy of listings, the ability or suitability of Carriers to transport items, or the ability of Shippers to
    send items. We cannot ensure the Shipper or Carrier will complete a shipment. We cannot and do not guarantee the
    ability of Users to complete or fulfill any services booked through the RITZIP Service. We cannot and do not comment
    on or make any representation on the reputation, safety, or reliability of a Carrier or Shipper; Users are solely
    responsible for these decisions and make these decisions at their own risk. RITZIP is not responsible for the conduct,
    whether online or offline, of any User of the RITZIP Service or Services. You are solely responsible for your interactions
    with other Users.
    You acknowledge and agree that all communications, correspondence, verbal or written or by electronic means, or any
    warranties or representations made with regard to the arrangement of transportation services are not provided by us
    and are specifically and solely between you and the other User. Opinions, advice, statements, offers, or other
    information or content concerning RITZIP or made available through the RITZIP Service, 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.
    For the convenience of the parties to a shipment, RITZIP generates an electronic and printable bill of lading utilizing the
    booking information provided by both parties for your use in tendering the shipment (\u201cBill of Lading\u201c). The Bill of
    Lading issued in connection with each shipment is non-negotiable and shall be deemed, conclusively, to have been
    prepared by the Shipper. The parties agree that RITZIP does not issue the Bill of Lading and that RITZIP is not a party
    to the Bill of Lading (the presence of the RITZIP name and RITZIP Trademarks on the Bill of Lading reflect only that the
    RITZIP Service was used by the Shipper and Carrier to self-arrange the shipment. If the Shipper makes changes to a
    shipment after booking, then the Shipper is required to either make changes to the Bill of Lading or cancel the
    shipment and rebook with current information. Carriers shall have no obligation to honor rate quotes in any of the
    following instances: (i) any use of a bill of lading not generated via the RITZIP Service
    IMPORTANT: While Carriers using the RITZIP Service must provide proof of insurance, a valid certificate
    of operating authority, a provincial carrier safety fitness certificate (or other equivalent provincial
    registration from the province where you are based), and\/or a W-9, as applicable, RITZIP does NOT
    screen or qualify Carriers, including for compliance with any Applicable Laws
    Terms – RITZIP<\/li>\n\n\n\n
  4. Who is authorized to use the RITZIP Service?
    Anyone who creates an account is licensed to use the RITZIP Service for as long as they comply with the
    terms of this Agreement.
    The RITZIP Service is available only to Users who have reached the applicable age of majority in the province or state
    in which such User resides and who have gained lawful access to the RITZIP Service. Users may be required to register
    and create an account to access and use the RITZIP Service. Individual authorized representatives of Carriers and
    Shippers who register and create an account on the RITZIP Service, register as \u201cpeer users\u201d on the RITZIP website, or
    otherwise use the RITZIP Service are collectively referred to herein as \u201cUsers,\u201d \u201cyou,\u201d \u201cyour\u201d and the like. Agreements
    and statements by you hereunder are on behalf of and bind you and the respective Carrier or Carrier you represent.
    By choosing to register for the RITZIP Service, you agree to: (i) create and register only one account; (ii) access and
    use the RITZIP Service using only the one account; (iii) provide RITZIP with true, accurate, current, and complete user
    information about yourself; and (iv) abide by a continuing obligation to notify and correct with RITZIP any incomplete,
    false, inaccurate, misleading, or out-of-date user information. Complete user information about yourself includes
    mandatory fields designated by all account creation or registration form(s) provided through the RITZIP Service.
    Subject to your performance of all the provisions of this Agreement RITZIP hereby grants you a limited, terminable,
    personal, non-exclusive license to access and use the RITZIP Service solely as provided herein. Notwithstanding
    anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and
    remain always with RITZIP. Your right to use the RITZIP Service is not transferable. You agree to use the RITZIP
    Service in accordance with all Applicable Laws.<\/li>\n\n\n\n
  5. Please keep your account secure.
    You agree to keep your Account Credentials secret and not let others access your account.
    You are responsible for: (i) maintaining the confidentiality of all usernames you use to access the RITZIP Service; and
    (ii) all activities that occur in your account and under your username and\/or IP address (\u201cAccount Credentials\u201d).
    Allowing others to access or use the RITZIP Service with your Account Credentials is strictly prohibited and you are
    responsible for all uses of the RITZIP Service associated with your account, whether the use is made by you personally
    or by a third party. Each User agrees to: (i) immediately notify RITZIP of any unauthorized use of such User\u2019s account
    or Account Credentials, or any other breach of security; and (ii) ensure that you exit from your account at the end of
    each session when accessing the RITZIP Service. RITZIP will not be liable for any loss or damage arising from your
    failure to comply with this Section.<\/li>\n\n\n\n
  6. Pricing, fees, and payments.
    RITZIP will determine pricing, present it in the app, facilitate payment via our third-party payment
    6.1 Shipper Charges. If you use the RITZIP Service as a Shipper, you agree to pay all charges for Transport Services
    placed by your Users on the RITZIP Service (\u201cCharges\u201d). Charges include the transport fee and other applicable fees,
    tolls, surcharges, and taxes as set forth on the applicable RITZIP order. You are responsible for all Charges incurred
    under your User account regardless of your awareness of such Charges or the amounts thereof.
    Terms – RITZIP
    6.2 Transport Service Pricing. By accepting this Agreement and utilizing the RITZIP Service, you agree to the
    Charges set forth based upon RITZIP charge schedule at the time of ordering 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. RITZIP reserves the right to change the Charge schedule at any time, in our discretion,
    based upon local market factors. Your continued use of the RITZIP Service after the effective date of such change to
    the Charge schedule shall constitute your agreement to such revised Charge schedule and any other changes to this
    Agreement.
    6.3 Obligation to Pay Charges. When you use the RITZIP Service to complete an order for Transport Services you
    will be directed to our third-party payment processing service\u2019s 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 RITZIP Service.
    6.4 Payment Processing. All Charges are facilitated through a third-party payment processing service. RITZIP 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 terms of use. 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 RITZIP 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 RITZIP Service and Charges are non- refundable, regardless of disruption to the RITZIP Service or
    Transport Services, or any other reason whatsoever.
    6.5 RITZIP Service Fee. If you are a Carrier, you agree that RITZIP may retain: (i) a fee from the Charge received
    from the Shipper for the Transport Services you provide (the \u201cRITZIP Service Fee\u201d); and (ii) any Applicable Taxes.
    RITZIP reserves the right to change the RITZIP Service Fee at any time in RITZIP discretion based upon local market
    and other factors. Continued use of the RITZIP Service after any such change in the RITZIP Service Fee calculation shall
    constitute your consent to such change.
    6.6 Carrier Payments If you are a Carrier, you will receive payment for your provision of Transport Services through
    your third-party payment processor account. All Charges are subject to the RITZIP Service Fee. All Carrier payments
    shall exclude interest and will be net of Applicable Taxes or other amounts that we are required to withhold by law.
    Carrier agrees that RITZIP may further withhold and offset from any payment otherwise payable to Carrier any amount
    that Carrier may owe to RITZIP or Shipper, or that is subject to a validly issued lien or levy. Upon receipt of such validly
    issued lien or levy, RITZIP shall suspend Carrier\u2019s: (i) access to the RITZIP Service; and (ii) ability to receive payments
    though our third-party payment processor until such time that the lien or levy is lifted or otherwise satisfied.
    6.7 Authorized Auctions. In certain situations, RITZIP maintains relationships with third party auctions that use
    RITZIP to transport vehicles on behalf of their customers (each an \u201cAuthorized Auction\u201d). Any User who
    authorizes an Authorized Auction under such User\u2019s profile settings on the RITZIP Service 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\u2019s profile settings.
    6.8 Order Cancellations. Orders for Transport Services may be cancelled at any time prior to a Carrier picking up
    your vehicle, after which orders are not cancelable and Charges are non-refundable.
    Terms – RITZIP<\/li>\n\n\n\n
  7. Carrier-specific terms and obligations.
    All Carriers MUST agree to (and comply with) each of these requirements to provide Transport
    Services via the RITZIP Service.
    7.1 Relationship with RITZIP. You and RITZIP expressly agree that: (i) this is not an employment agreement and
    does not create an employment relationship between you and RITZIP; and (ii) no joint venture, franchisor-franchisee,
    partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind RITZIP, and
    you shall not hold yourself out as an employee, agent, or authorized representative of RITZIP. RITZIP does not, and
    shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically,
    including in connection with your provision of Transport Services. RITZIP does not, and shall not be deemed to, direct
    or control your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to
    determine when, where, and for how long you will utilize the RITZIP Service. RITZIP does not, and shall not be deemed
    to prescribe specific dates, times of day, or any minimum number of hours for you to utilize the RITZIP Service. You
    retain the option to accept, decline, or ignore a Shipper\u2019s request for Transport Services. RITZIP does not, and shall not
    be deemed to, require you to accept any specific request for Transport Services as a condition of maintaining access to
    the RITZIP Service. You acknowledge and agree that you have complete discretion to provide Transport Services or
    otherwise engage in any other business or employment activities, including providing services similar to the Transport
    Services to other companies, and that RITZIP does not, and shall not be deemed to, restrict you from engaging in any
    such activity.
    7.2 Licensing and fitness to operate. You have all federal, state and provincial temporary and\/or permanent
    permits, approvals, operating authorities, licenses, registrations, notices, customs documents, certificates, carrier
    safety fitness certificates, certifications and other approvals required under Applicable Law for the performance of the
    Transport Services under this Agreement (\u201cPermits\u201c) in all jurisdictions in which you provide Transport Services.
    Without limitation to the foregoing, you hold a \u201csatisfactory carrier safety rating\u201d in all jurisdictions in which you provide
    Transport Services and a \u201csatisfactory\u201d rating as an owner or operator of commercial or heavy vehicles with all relevant
    regulatory authorities depending on where you provide Transport Services. You will comply with the International
    Fuel Tax Agreement and the International Registration Plan requirements to the extent that they apply to the
    Transport Services you provide.
    7.3 Vehicle ownership and safety. You and\/or the drivers utilized by you own, or have the legal right to operate,
    the commercial or heavy vehicle you use when providing Transport Services and you and\/or your drivers are licensed to
    operate such vehicle in accordance with Applicable Laws, and such vehicle is in good operating condition and meets the
    industry safety standards and all applicable requirements and Permits for a vehicle of its kind imposed by Applicable
    Law relating to the Transport Services. Without limiting the generality of the foregoing, you are solely and fully
    responsible for compliance with all vehicle and equipment safety, inspection, maintenance, and operation requirements
    under Applicable Laws
    7.4 No misrepresentations. Neither you nor any person in your control or service will make any
    misrepresentation regarding RITZIP, the RITZIP Service, the Transport Services, or your status as a Carrier.
    7.5 Driver Screening. You shall perform any and all background checks necessary to ensure each driver complies with
    the following before permitting drivers to provide Transport Services:
    7.5.1 Qualifications. Drivers must be age twenty one (21) or older, possess a valid commercial driver\u2019s license, and
    be authorized and medically fit to operate a commercial motor vehicle in all jurisdictions in which they operate.
    Terms – RITZIP
    7.5.2 Driving Record. Drivers age twenty one (21) or twenty two (22) must have three (3) or more years of
    unrestricted driving history and no infractions on their driving record. Drivers age twenty three (23) and over must
    have, during the past three (3) years: (i) no more than three (3) minor violations, including accidents, traffic light
    violations, speeding, or moving violations; and (ii) no violations for driving on a suspended, revoked, or invalid license
    or insurance.
    7.5.3 Criminal Background. During the past five (5) years, drivers must have no conviction for a felony (or
    misdemeanor involving fraud or dishonesty). Additionally, drivers must have no misdemeanor convictions for
    driving-related offenses, including DUI, hit-and-run, criminal speeding, reckless driving, and street racing within the
    same time period.
    7.5.4 Records Retention and Audit Rights. You agree to maintain accurate business records relating to your
    compliance with this section for at least two (2) years from the last-provided Transport Services. Your records relating
    to compliance with this section shall be produced to RITZIP for review and inspection upon reasonable notice.
    7.6 Load securement. You and\/or the drivers utilized by you are solely responsible for ensuring that all cargo and
    related equipment has been properly loaded, secured, blocked, and braced, and properly unloaded, unsecured,
    unblocked, and unbraced when delivered. Where the cargo constitutes or includes dangerous goods, you will comply
    with all requirements for the transportation of dangerous goods under Applicable Law. This responsibility extends to
    and includes your hiring or use of any third-party to move or reposition cargo prior to it being loaded on your
    commercial or heavy vehicle and\/or unloaded at the delivery location. You acknowledge that RITZIP will never be in
    possession of any cargo being transported in connection with the Transport Services you provide, and that RITZIP will
    not be responsible or have any role in the securement of cargo for transportation.
    7.7 Driving behavior. 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 Services, provide Transport Services as a Carrier while under the influence of alcohol or
    drugs, or take action that harms or threatens to harm the safety of the RITZIP community or third parties. When using
    the RITZIP Service on a mobile device and\/or the RITZIP 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; and
    (iv) not use the RITZIP Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes.
    7.8 Driving transported vehicles is prohibited. Transport Services shall be provided by loading and hauling
    transported vehicles via a commercial vehicle compliant with the terms set forth herein. Other than as minimally
    necessary to load a transported vehicle onto a commercial vehicle for transport, you and\/or the drivers utilized
    agreement from RITZIP.
    7.9 Documents due at registration
    7.9.1 Transport Services in the United States. Upon registering to provide Transport Services in the United States,
    you shall provide RITZIP: (i) a copy of your FMCSA Certificate of Operating Authority which must have been issued in
    the last six (6) months; (ii) a completed W-9 form; and (iii) proof of insurance as described in Section 7.10 below.
    7.9.2 Transport Services in Canada. Upon registering to provide Transport Services in Canada, you shall provide
    RITZIP: (i) a copy of the applicable provincial carrier safety fitness certificate or other equivalent provincial registration
    from the province where you are based, which must have been issued in the last six (6) months; (ii) your GST\/HST
    registration number; and (iii) proof of insurance as described in Section 7.10 below.
    Terms – RITZIP
    7.9.3 Additional Requirements. You must comply with both Sections 7.9.1 and 7.9.2 if you will provide cross- border
    Transport Services. RITZIP, in its sole discretion, may conduct additional screening or require additional documentation
    (e.g., driver\u2019s license or business license) before authorizing you to provide Transport Services.
    7.10 Insurance requirements. You shall procure and maintain, at your sole cost and expense, with reputable and
    financially responsible insurance underwriters maintaining a rating of B= or higher, the following insurance coverages:
    Automobile Liability insurance to include any automobile, or all owned, non-owned, and hired automobiles,
    covering bodily injury (including injury resulting in death) and loss of or damage to property in an amount not less
    than $1,000,000 per incident.
    Motor Truck Cargo Liability insurance in an amount not less than: (i) $100,000 per incident if you transport 3 or
    less vehicles; (ii) $150,000 per incident if you transport 4-6 vehicles; or $250,000 per incident if you transport
    more than 7 vehicles, and such insurance shall not contain any exclusions for employee theft or dishonesty,
    unattended or unattached trailers, or otherwise likely to result in denial of claims.
    Workers compensation insurance in accordance with all Applicable Laws.
    Any other insurance that may be required by RITZIP or any Applicable Laws.
    If Applicable Law requires Carrier to maintain amounts in excess of these limits, Carrier shall obtain coverage
    aligning to such higher limits.
    You shall: (i) add RITZIP OMI, Inc. as a certificate holder on all applicable certificate(s) of insurance; and (ii) provide
    RITZIP copies of all applicable certificates of insurance and, on request, copies of all policies and endorsements. You
    will ensure RITZIP is provided notice of cancellation or modification of any insurance required under this agreement at
    least 30 days in advance of any cancellation or modification of the required insurance. Carrier will not provide services
    under this Agreement at any time that Carrier is not in compliance with these obligations related to insurance.
    7.11 Tax responsibility. You will pay all applicable federal, state, provincial and local taxes, levies, charges, and fees
    payable to any taxing authority (\u201cApplicable Taxes\u201d) based on your provision of Transport Services and any payments
    received by you. All fees stated for Transport Services are inclusive of any Applicable Taxes. If you provide Transport
    Services in Canada, you confirm that you are registered under Part IX of the Excise Tax Act (Canada) and you shall
    promptly provide us with your GST\/HST registration number as well as your sales tax registration number under any
    other applicable provincial sales tax legislation imposing a similar value added or multi-stage tax, or a sales or transfer
    tax. On payments made by RITZIP to Carriers that are non-residents of RITZIP will comply with its obligation under
    Regulation 105 to withhold 15% of such payment and remit same to the Canada Revenue Agency. Carriers should
    consult their own tax advisors about whether a refund of such withheld amounts may be claimable from the Canada
    Revenue Agency in their circumstances
    7.12 Driver employment and compensation. To the extent required by Applicable Law, you currently and in the
    future will: (i) compensate drivers and other workers engaged in Transport Services as employees; and (ii) comply with
    all Applicable Laws regarding wage payment, expense reimbursement, payroll taxes, benefits, hours, immigration,
    breaks, safety, workers\u2019 compensation insurance, and all labor and employment laws.
    7.13 No Transfers or Brokers. You shall not assign, subcontract, 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
    Services that you are providing.
    7.14 Personal Information. You and\/or the drivers utilized by you will keep confidential any personal information
    protected by any Applicable Laws, which protect the privacy rights of consumers, individuals or households
    (\u201cApplicable Privacy Legislation\u201c) obtained in the course of providing, or in connection with providing, any Transport
    Terms – RITZIP
    Services to any Shipper (collectively, \u201cPersonal Information\u201d). You will comply with all Applicable Privacy Legislation
    with respect to such Personal Information.
    7.14.1. You shall only use and disclose such Personal Information to provide the Transport Services to such Shipper.
    7.14.2. You shall only retain such Personal Information for as long as necessary to provide the Transport Services to the
    Shipper and shall delete it afterwards.
    7.14.3. You shall (i) protect such Personal Information loss or theft, as well as unauthorized access, disclosure,
    copying, use or modification, using safeguards appropriate to the sensitivity of the information; (ii) promptly notify the
    Shipper in the event of any violation or attempted violation of your confidentiality obligations; and (iii) allow the Shipper
    to conduct verification regarding such confidentiality requirements.
    7.14.4. Should you transfer Personal Information to third parties, you shall ensure that the arrangement with such
    third party is governed by a written contract which offers at least the same level of protection for Personal Information
    as set out in this Section 7.13.
    7.14.5. Shippers are third party beneficiaries of this Section 7.14. In the event a dispute arises between you and a
    Shipper with respect to this paragraph, the prevailing party shall be entitled to recover reasonable attorneys\u2019 fees and
    costs incurred, in addition to damages and any other relief to which it is entitled.
    7.15 Responsibility for damages. As between you and RITZIP, and notwithstanding any contrary provisions,
    purported limitations, or exclusions of liability contained in any documents issued by the Carrier, whether purported to
    be incorporated by reference into this Agreement by an attachment or otherwise, or contained in any Applicable Laws,
    you agree you are solely responsible for any damages caused by or related to your provision of Transport Services to
    the full amount of such damages and\/or losses, and you agree to fully compensate Shippers (and RITZIP, as the case
    may be) for such damages and fully indemnify Shippers and RITZIP for claims related to your provision of Transport
    Services. You agree that any attempt to limit or exclude your liability to Shipper for lost, destroyed, damaged, or
    delayed shipments (e.g., via provisions contained in any bill of lading, delivery receipt, or otherwise) shall be deemed
    null and void. Exclusions, you from your responsibilities, obligations, and liability under this Section
    7.15.1 Carrier liability. Carriers agree: (i) to exercise due care in providing Transport Services; (i) that they are solely
    and fully responsible for any damages sustained by Shippers relating to or arising out of the Transport Services they
    provide; and (iii) to resolve all such claims directly with Shipper.
    7.15.2 Indemnification of Shippers. In addition to any other obligations hereunder, Carriers agree to defend,
    indemnify, and hold any Shipper they provide Transport Services to, harmless from any claims, actions, suits, losses,
    costs, liabilities, and expenses (including reasonable attorneys\u2019 fees) relating to or arising out of the Transport Services
    they provide.
    7.15.3 Indemnification of RITZIP. You agree to indemnify RITZIP pursuant to the terms set forth in Section
    16 below.<\/li>\n\n\n\n
  8. Availability of the RITZIP Service.
    You understand that the RITZIP Service: (i) needs Internet access to work; (ii) may occasionally
    be offline for maintenance or emergencies; (iii) has features and functionality that may change
    over time; and (iv) may be discontinued, suspended, or replaced.
    Terms – RITZIP
    You are responsible for obtaining Internet access to use the RITZIP Service. While RITZIP makes reasonable efforts to
    ensure the availability of the RITZIP Service, you acknowledge that it may be unavailable for limited periods of time
    due to scheduled routine maintenance, emergency maintenance, or factors beyond RITZIP control, such as disruptions
    of Internet services or unforeseen threats to the integrity or security of the RITZIP Service. RITZIP may at any time,
    with or without notice to you: (i) restrict the use and accessibility of the RITZIP Service; (ii) discontinue, temporarily or
    permanently, any feature of the RITZIP Service; and\/or (iii) replace any feature of the RITZIP Service with a new,
    revised, or updated feature. RITZIP will make reasonable efforts to provide Users notice of significant changes to the
    RITZIP Service whenever reasonably feasible.<\/li>\n\n\n\n
  9. RITZIP owns the RITZIP Service.
    While we own the RITZIP Service and all related intellectual property, we want you to use and
    enjoy it as explained in this Agreement.
    9.1 General. You acknowledge and agree that the RITZIP Service contains content or features (\u201cService Content\u201d)
    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 technology and software underlying the RITZIP Service or
    distributed in connection therewith (the \u201cSoftware\u201d) are the property of RITZIP, our affiliates, and our partners. Any
    rights not expressly granted herein are reserved by RITZIP. You further agree that the functionality and features of the
    RITZIP Service represent valuable proprietary materials owned by RITZIP. By having access to the RITZIP Service, you
    agree that you shall not study or analyze the RITZIP Service or otherwise use the RITZIP Service for creating and using
    another Internet transport marketplace or finding service.
    9.2 Trademarks. The RITZIP name and logos are trademarks and service marks of RITZIP (\u201cRITZIP Trademarks\u201d).
    Other RITZIP, product, and service names and logos used and displayed via the RITZIP Service may be trademarks or
    service marks of their respective owners who may or may not endorse or be affiliated with or connected to RITZIP.
    Nothing in this Agreement or the RITZIP Service should be construed as granting, by implication, estoppel, or
    otherwise, any license or right to use any of RITZIP goodwill generated from the use of RITZIP Trademarks will inure to
    our exclusive benefit
    9.3 Third-Party Content. Under no circumstances will RITZIP be liable in any way for any content or materials of any
    third parties (including Users), including 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, RITZIP and its designees will
    have the right to remove any content that violates this Agreement or is deemed by RITZIP, 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 RITZIP Service or share with other Users (collectively, \u201cUser Content\u201d), you
    represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and
    rights of publicity contained therein.
    9.4 Trade secrets. Except for those already in the public domain, the algorithms, methods, functions, and architecture
    underlying the Software and not expressly exposed to the user under a license to access and use the RITZIP Service
    are original, commercially valuable, outside scope of public knowledge, and are subject to the reasonable efforts of
    RITZIP to maintain their confidentiality. As such, the algorithms, methods, functions, and architecture underlying the
    Software constitute trade secrets and are protected by Applicable Law. Therefore, any access or attempt to gain access
    to such algorithms, methods, functions, and architecture constitutes an actionable violation of Applicable Law,
    according to which RITZIP is entitled to recover.
    Terms – RITZIP
    9.5 User suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or
    other information (\u201cSubmissions\u201d) provided by you to us are non-confidential and shall become the sole property of
    RITZIP and you hereby assign the rights you may have in your Submissions to us. RITZIP shall own exclusive rights,
    including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these
    Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
    9.6 Copyright complaints. RITZIP complies with the provisions of the Digital Millennium Copyright Act applicable to
    Internet service providers (17 U.S.C. Section 512). If you believe any materials posted on the RITZIP Service infringe
    your copyrights, please let us know by emailing the following information to info@RITZIP.com:
    \u25cf A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (\u201cComplaining
    Party\u201c), of an exclusive right that is allegedly being infringed;
    \u25cf The Complaining Party\u2019s address, telephone number, and email address;
    \u25cf Identification of the allegedly infringing material on the Services (\u201cInfringing Material\u201c), and information
    reasonably sufficient to permit RITZIP to locate such material on the Services;
    \u25cf Identification of the copyrighted work claimed to have been infringed upon (\u201cInfringed Material\u201c);
    \u25cf A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner
    complained of is not authorized by the copyright owner, its agent, or the law; and
    \u25cf A statement that the information in the Notice is accurate, and, under penalty of perjury, that the Complaining Party
    is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    RITZIP reserves the right to terminate access to the RITZIP Service for repeat infringers in appropriate circumstances.<\/li>\n\n\n\n
  10. RITZIP license to use your uploaded content.
    This is how RITZIP will use information uploaded to the RITZIP Service (in compliance with our
    Privacy Notice, of course), but think carefully before you share Personal Information
    You hereby grant to RITZIP an irrevocable, worldwide, perpetual, royalty-free, fully paid-up, transferable, sublicensable,
    non-exclusive license: (i) to copy, display, transmit, upload, perform, distribute, store, modify and otherwise use all your
    personal and biographical content entered into the RITZIP Service, including your name, likeness and photographs, as
    the case may be, as well as any other content or submissions, images, information, data, text, graphics, messages or
    other materials entered into the RITZIP Service, as necessary for us to operate the RITZIP Service; and (ii) to use and
    display general statistical information about you, such as ratings about you and, if applicable, your Transport Services,
    submitted by other Users, incident to the operation of the RITZIP Service. Subject to RITZIP obligations under its
    Privacy Notice, you are solely responsible for any Personal Information you upload into the RITZIP Service, including
    address, phone number, email address, or other similar information and for your interactions with other Users and
    members of the public, and we act only as a passive conduit for your online posting of your information. You
    acknowledge that Personal Information you upload into the RITZIP Service may be transferred and stored outside of
    the jurisdiction in which it was originally collected. You are responsible for complying with Applicable Privacy Legislation
    regarding Personal Information you upload into the RITZIP Service, and you confirm that you are permitted to upload
    such Personal Information into the RITZIP Service. You agree to provide and maintain accurate, current, and complete
    information and that we and other Users and members of the public may rely on your information as accurate, current
    and complete
    Terms – RITZIP<\/li>\n\n\n\n
  11. Privacy, collection, and use of your data.
    RITZIP will collect, process, and use your Personal Information in accordance with the RITZIP Privacy Notice.<\/li>\n\n\n\n
  12. RITZIP confidential information.
    You agree to keep any confidential information you access via the RITZIP service secret, and to
    use it only for purposes of ordering or providing Transport Services
    You agree not to use any technical, financial, strategic, or other proprietary or confidential information relating to
    RITZIP business, operations, or properties, including User information (\u201cConfidential Information\u201d) disclosed to you
    by RITZIP for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit
    disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the
    secrecy of and avoid disclosure or use of Confidential Information of RITZIP to prevent it from falling into the public
    domain. Notwithstanding the above, you shall not have liability to RITZIP with regard to any Confidential Information
    which you can prove: was in the public domain at the time it was disclosed by RITZIP or has entered the public domain
    through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in
    existence at the time of disclosure; is disclosed with the prior written approval of RITZIP; becomes known to you,
    without restriction, from a source other than RITZIP without breach of this Agreement by you and otherwise not in
    violation of RITZIP rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or
    other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement
    to RITZIP to enable RITZIP to seek a protective order or otherwise prevent or restrict such disclosure.<\/li>\n\n\n\n
  13. These uses of the RITZIP Service are prohibited.
    Otherwise hurt the RITZIP Service; (ii) upload pornographic, hateful, confidential, harmful, or
    other inappropriate content; or (iii) otherwise take advantage of your access to the RITZIP
    Service.
    You agree to not use the RITZIP Service to:
    \u25cf Email or otherwise upload any content that: (i) infringes any intellectual property or other proprietary rights of
    any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;
    (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or
    limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or
    creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising,
    promotional materials, commercial activities and\/or sales, \u201cjunk mail,\u201d \u201cspam,\u201d \u201cchain letters,\u201d \u201cpyramid schemes,\u201d
    \u201ccontests,\u201d \u201csweepstakes,\u201d or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive,
    harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another\u2019s privacy,
    hateful racially, ethnically or otherwise objectionable;
    (vii) violates any individuals right to his or her image; or (viii) in the sole judgment of RITZIP, is otherwise
    objectionable or which restricts or inhibits any other person from using or enjoying the RITZIP Service, or which
    may expose RITZIP or its Users to any harm or liability of any type.
    \u25cf Modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the RITZIP
    Service or the RITZIP Service Content, in whole or in part.
    Terms – RITZIP
    \u25cf Engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Decompile,
    reverse engineer, or otherwise attempt to obtain the source code of the RITZIP Services or Software;
    \u25cf Attempt to sell, assign, sublicense, or otherwise transfer any right in the Software.
    \u25cf Interfere with or disrupt the RITZIP Service or servers or networks connected to the RITZIP Service, or disobey
    any requirements, procedures, policies, or regulations of networks connected to the RITZIP Service, such
    prohibited behavior including:
    \u25cfusing or attempting to use any \u201cdeep-link,\u201d \u201cscraper,\u201d \u201crobot,\u201d \u201cbot,\u201d \u201cspider,\u201d \u201cdata mining,\u201d \u201ccomputer code,\u201d or
    any other automated device, program, tool, algorithm, process or methodology or manual process having similar
    processes or functionality, to access, acquire, copy, or monitor any portion of the RITZIP Service, any data or
    content found on or accessed through the RITZIP Service; introducing viruses, trojans, worms, logic bombs, or
    other material that is malicious or technologically harmful;
    \u25cfattacking the RITZIP Service via a denial-of-service attack or a distributed denial-of service attack; attempting, in
    any manner to gain unauthorized access to the RITZIP Service;
    \u25cfinterfering with or disrupting (or attempt to interfere with or disrupt) the proper working of the RITZIP Service;
    and
    \u25cftaking or attempting any action that, in the sole and absolute discretion of RITZIP, imposes or may impose an
    unreasonable or disproportionately large load or burden on the RITZIP Service, disrupts the normal flow of data,
    or threatens the stability of the RITZIP Service.
    \u25cf Rent, lease, lend, sell, redistribute, license or sublicense the RITZIP Service or access to any portion of the RITZIP
    Service.
    \u25cf Violate any Applicable Law.
    \u25cf Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or
    entity.
    \u25cf If you are a Carrier, contact Users with whom you were not specifically sent a Transport Service request. If you
    are a Shipper, contact Users who did not specifically accept your Transport Service request.
    \u25cf Mine, scrape, extract, harvest, or collect any user information, including email addresses or other contact
    information, through the RITZIP Service by electronic or other means for any purpose, including sendingRITZIP
    Service, its usage, or its users, or obtaining or attempting to obtain any proprietary or confidential information,
    trade secret, or intellectual property of RITZIP.
    \u25cf Further or promote any criminal activity or enterprise or provide instructional information about illegal
    activities.
    \u25cf Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally
    made available or provided for through the RITZIP Service.
    \u25cf Cause any third party to engage in the restricted activities above.
    \u25cf Conduct incomplete transactions wherein you contact Carriers or Shippers through the RITZIP Service but
    complete the transaction outside of the RITZIP Service.
    RITZIP reserves the right to investigate and take appropriate legal action against anyone who, in RITZIP sole discretion,
    violates this provision, including removing the offending content from the RITZIP Service, suspending or terminating the
    account of such violators and reporting you to the law enforcement authorities.
    The information contained in Transport Service requests is confidential and intended only for the use of the Carrier to
    whom it was directly addressed. Any unauthorized disclosure, copying, distribution, or taking of any action in reliance
    on the contents of email materials or a Transport Service request not addressed to you is strictly prohibited. RITZIP may
    act in reliance upon any content you upload or action you take on the RITZIP Service. RITZIP will not be required to
    inquire into the truth or evaluate the merits of any content or action you take on the RITZIP Service. RITZIP reserves
    Terms – RITZIP
    the right to keep all records of all transactions and communications between you and other Users for administrative
    purposes in accordance with Applicable Laws.<\/li>\n\n\n\n
  14. The RITZIP Service comes with no warranties.
    The RITZIP Service may occasionally be unavailable, slow, or mis-performing, but you
    nonetheless agree to use it \u201cas-is\u201d and at your own risk.
    YOUR USE OF THE RITZIP SERVICE IS AT YOUR SOLE RISK. THE RITZIP SERVICE IS PROVIDED ON AN \u201cAS IS\u201d AND
    \u201cAS AVAILABLE\u201d BASIS. RITZIP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
    EXPRESS, IMPLIED OR STATUTORY REGARDING THE RITZIP SERVICE AND THE TRANSPORT SERVICES, INCLUDING
    THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
    AND NON-INFRINGEMENT, OR THAT THE RITZIP SERVICE WILL MEET YOUR REQUIREMENTS OR BE
    UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF
    THE RITZIP SERVICE AND\/OR THE TRANSPORT SERVICES, INCLUDING THE ABILITY TO PROVIDE OR RECEIVE
    TRANSPORT SERVICES AT ANY GIVEN LOCATION OR TIME. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF
    YOUR ACCESS OR USE OF THE RITZIP SERVICE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED
    UNDER APPLICABLE LAW.<\/li>\n\n\n\n
  15. RITZIP liability to you is limited.
    Your ability to bring claims regarding use of the RITZIP Service is limited, as is RITZIP liability to
    you.
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT RITZIP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
    INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING DAMAGES
    FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RITZIP HAS BEEN ADVISED OF THE
    POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, DELICT,
    EXTRA-CONTRACTUAL LIABILITY OR OTHERWISE, RESULTING ARRANGED USING THE RITZIP SERVICE 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 RITZIP SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE RITZIP SERVICE. IN NO
    EVENT WILL RITZIP TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE
    AMOUNT YOU HAVE PAID RITZIP 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
    RITZIP SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE
    RITZIP SERVICE.
    Terms – RITZIP<\/li>\n\n\n\n
  16. You are responsible for any damage you cause RITZIP.
    You agree to indemnify RITZIP from all claims based on your use of the RITZIP Service.
    You will defend, indemnify, and hold RITZIP, including our affiliates, subsidiaries, parents, successors and assigns, and
    each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits,
    losses, costs, liabilities and expenses (including reasonable attorneys\u2019 fees) relating to or arising out of your use of the
    RITZIP Service and participation in the Transport Services, including: (i) your breach of this Agreement or the
    documents it incorporates by reference; (ii) your violation of any Applicable Law or the rights of a third party, including
    Carriers, Shippers, other motorists, and pedestrians, as a result of your own interaction with such third party; (ii) any
    allegation that any materials that you submit to us or transmit through the RITZIP Service or to us infringe or otherwise
    violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (iv) your
    ownership, use or operation of a motor vehicle, including your provision of Transport Services as a Carrier; (v) any
    allegation that RITZIP 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 Services; and\/or (vi) any other activities in connection with the RITZIP Services. This indemnity shall be
    applicable without regard to the negligence of any party, including any indemnified person. Shippers are third party
    beneficiaries of this paragraph.<\/li>\n\n\n\n
  17. Vehicle damage.
    Claims regarding vehicles damaged during transport should be directed to your Carrier, but
    RITZIP can help manage your claim and help get you paid.
    As set forth in Section 7 above, Carriers are directly and solely responsible for all damages caused by or related to
    Carrier\u2019s provision of Transport Services, including damage to a Shipper\u2019s vehicle, irrespective of the limits of the
    Carrier\u2019s insurance coverage. Shippers must contact their Carrier directly (within 72 hours of delivery) to file a claim for
    alleged vehicle damage, and simultaneously notify RITZIP of their claim. If the Carrier cannot be reached, RITZIP
    customer service will assist Shipper in making its claim against the Carrier and will keep Shipper advised of the status of
    the pending claim.
    The above notwithstanding, if: (i) your vehicle is lost, stolen, or damaged due to negligence of the Carrier providing
    Transport Services (as determined by RITZIP or its insurers in their sole discretion); and (ii) the Carrier has cargo
    liability insurance coverage less than the vehicle\u2019s fair market value, then RITZIP\u2019s insurers
    All Users agree that any such claim facilitation by RITZIP: (a) is provided only as an optional customer service, and in
    no way obligates RITZIP to successfully resolve such claims, or places liability on RITZIP for the alleged damage
    underlying such claims; and (b) does not mean that RITZIP acts as broker or intermediary. In the event a dispute arises
    between a Carrier and a Shipper with respect to this Section, the parties agree that: (x) RITZIP shall not be a party to
    and is hereby released and discharged from all liability for such claim; and (y) the prevailing party shall be entitled to
    recover reasonable attorneys\u2019 fees and costs incurred, in addition to damages and any other relief to which it is entitled.
    Terms – RITZIP<\/li>\n\n\n\n
  18. Class action waiver and binding arbitration.
    TO THE EXTENT PERMITED BY LAW, YOU AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF
    OR RELATING TO THIS AGREEMENT OR THE RITZIP SERVICE WILL BE EXCLUSIVELY RESOLVED BY BINDING
    ARBITRATION PURSUANT TO THIS SECTION. THIS MEANS THAT ANY DISPUTE YOU HAVE THAT IS COVERED BY
    THIS PROVISION WILL BE RESOLVED BY A PRIVATE ARBITRATOR AND NOT BY A COURT.
    The arbitration will be conducted before JAMS or its successor. Unless otherwise agreed by the parties, arbitration will
    be held in Phoenix, Arizona, but the arbitration will be conducted by videoconference if either party requests the
    hearing to be conducted by videoconference, 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 language of the arbitration will be English, unless you reside in
    Quebec, in which case the language of the arbitration can be in French if either party makes such a request. 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\u2019s 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 in above.
    If you are resident in Quebec, RITZIP will pay any filing fees and arbitrator\u2019s fees over $250 CAD, subject to potential
    reimbursement pursuant to the arbitrator\u2019s discretion to award costs and expenses. 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\u2019 fees, incurred by the other party in enforcing
    the award. Any arbitrator shall be a retired judge of any court in Arizona 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 Arizona and shall be required to follow such law, with the
    exception that if you are resident in Quebec, the arbitrator shall apply the laws of Quebec and the federal laws of
    Canada applicable therein. 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.
    You understand and agree that you and RITZIP may each bring claims in arbitration against the other only in an
    individual capacity and not on a class, collective action, or representative basis (\u201cClass Action Waiver\u201d). You
    understand and agree that you and RITZIP both are waiving the right to pursue or have a dispute resolved 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 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.
    If you are resident in the United States, in any case in which: (i) the dispute is filed as a class, collective, or
    representative action; and (ii) 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.
    Terms – RITZIP<\/li>\n\n\n\n
  19. You agree to comply with export laws.
    You may not use the RITZIP Service if you: (i) are located in a country designated by the U.S.
    Government as a \u201cterrorist supporting\u201d country; (ii) are listed on any U.S. Government list of
    prohibited or restricted parties; or (iii) prohibited from using the RITZIP Service under Canadian
    export or sanctions laws.
    Your use of the RITZIP Service is subject to U.S. and international control or export laws and regulations (\u201cExport
    Laws\u201d). You agree to strictly comply with all such Export Laws, as may be required. You represent and warrant that
    you are not: (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the
    U.S. Government as a \u201cterrorist supporting\u201d country; (ii) listed on any U.S. Government list of prohibited or restricted
    parties; (iii) listed on the Consolidated Canadian Autonomous Sanctions List; (iv) otherwise subject to specific
    sanctions regulations made under the Canadian Special Economic Measures Act (SEMA) and the Justice for Victims of
    Corrupt Foreign Officials Act; or (v) listed on any other Canadian Government list of prohibited or restricted parties. You
    will indemnify and hold RITZIP harmless from all claims, losses, liabilities, damages, fines, penalties, costs, and
    expenses (including attorney\u2019s fees) arising from or relating to any breach by you of your obligations under this Section.<\/li>\n\n\n\n
  20. Terminating your access to the RITZIP Services.
    RITZIP may terminate your license and access to the RITZIP Service at any time for any reason
    set forth below
    You agree that RITZIP, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the
    RITZIP Service and remove and discard any content within the RITZIP Service, for any reason, including for lack of use
    or if RITZIP believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any
    suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the RITZIP Service,
    may be referred to appropriate law enforcement authorities. RITZIP may also in its sole discretion and at any time
    discontinue providing the RITZIP Service, or any part thereof, with or without notice. You agree that any termination of
    your access to the RITZIP Service under any provision of this Agreement may be effected without prior notice, and
    acknowledge and agree that RITZIP 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 RITZIP Service. Further, you agree that RITZIP
    will not be liable to you or any third party for any termination of your access to the RITZIP Service. Upon any
    termination of this Agreement, all provisions herein which are intended to survive to give meaning to their terms
    obligations, limitation of liabilities, and general terms.<\/li>\n\n\n\n
  21. A few additional, miscellaneous terms.
    \u25cfThis Agreement constitutes the entire agreement between you and RITZIP and governs your use of the RITZIP
    Service, superseding any prior agreements between you and RITZIP with respect to the RITZIP Service. You also
    may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third
    party content or third-party software.
    \u25cfSubject to section 18, this Agreement will be governed by the laws of the State of Arizona without regard to its
    conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you
    and RITZIP agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within
    Maricopa County, Arizona, with the exception that if you are resident in Quebec, the court shall apply the laws of
    Quebec and the federal laws of Canada applicable therein.
    \u25cfIn the event a dispute arises regarding this Agreement or the use of the RITZIP Service, the prevailing party shall be
    Terms – RITZIP
    entitled to recover reasonable attorneys\u2019 fees and costs incurred, in addition to damages and any other relief to
    which it is entitled, to extent permitted under Applicable Law.
    \u25cfThe failure of RITZIP to exercise or enforce any right or provision of these Terms of Service will not constitute a
    waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent
    jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties\u2019
    intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and
    effect.
    \u25cfA printed version of this agreement and of any notice given in electronic form will be admissible in judicial or
    administrative proceedings based upon or relating to this agreement to the same extent and subject to the same
    conditions as other business documents and records originally generated and maintained in printed form.
    \u25cfYou may not assign this Agreement without the prior written consent of RITZIP, but RITZIP may assign or transfer
    this Agreement, in whole or in part, without restriction.
    \u25cfNotices to you may be made via either email or regular mail. The RITZIP Service may also provide notices to you of
    changes to this Agreement or other matters by displaying notices or links to notices generally on the RITZIP Service.
    \u25cf RITZIP is not responsible for carriage of goods, failure of service by any party, and is not liable for loss, damage,
    delay, or payment for services. All parties acknowledge that RITZIP is not a carrier, freight forwarder, or acting as a
    broker with respect to any services provided hereunder. RITZIP does not guarantee the accuracy of information
    provided by any Users of the RITZIP Service.
    \u25cfExcept as otherwise expressly provided herein, no rights of any third-party are created by this Agreement and no
    person other than User and RITZIP may rely on any aspect of this Agreement notwithstanding any representation,
    written or oral, to the contrary.
    \u25cfThis Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of
    dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of
    this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced
    by authorities, and reconstructed if need be, to apply to the maximum extent allowable under Applicable Law. The
    failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or
    option provided herein, or to require at any time the performance of the other of any of the provisions herein will
    not in any way be construed as a waiver of such provisions.
    \u25cfThe language used in this Agreement will be deemed to be the language chosen by the parties to express their
    mutual intent. The language of all parts of this Agreement, including those in the
    for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing the
    Agreement, or any part thereof, shall be applicable or invoked. In this Agreement, the words \u201cincludes\u201d and
    \u201cincluding\u201d will be deemed to be followed by the phrase \u201cbut not limited to\u201d and references to the words \u201cand\u201d or
    \u201cor\u201d will mean \u201cand\/or.\u201d In this Agreement, unless the context otherwise requires, words importing the singular
    include the plural and vice versa and words importing gender include all genders. The inclusion of headings in this
    Agreement is for convenience of reference only and shall not affect the construction or interpretation of this
    Agreement. The Introduction paragraphs of this Agreement are repeated and incorporated herein as contractual
    terms.<\/li>\n\n\n\n
  22. Questions, concerns, or suggestions?
    Please contact us at info@RITZIP.com to report any violations of this Agreement or to pose any questions regarding this
    Agreement or the RITZIP Service.
    Terms – RITZIP
    About RITZIP
    RITZIP is a technology platform that connects car shippers and haulers. RITZIP allows shippers to seamlessly
    connect with their existing management systems to integrate car transportation services, reducing cost and
    improving time to deliver. For transporters, RITZIP offers an alternative to expensive load boards and custom
    software solutions to better find and manage transportation loads.
    RITZIP HITCH\u2122
    RITZIP MARKETPLACE\u2122 For
    Shippers
    For Haulers
    Access API Library
    Connect with RITZIP
    Schedule Demo Get
    Support Explore
    Careers
    Shop RITZIP Gear Read
    Media Inquiries Download
    RITZIP App
    RITZIP Blog
    Apple App Store
    Google Play
    Terms & Conditions | Privacy
    \u00a9 2023 RITZIP<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

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