TERMS AND CONDITIONS

These Terms and Conditions are an agreement between Revoway (the “Company”, “We”, “Us”, “Our”), a California corporation whose principal address is 19634 Ventura Blvd., Suite 207, Tarzana, CA 91356 and you the user (“You”, “Your”). These Terms and Conditions, subject to amendment from time to time, as well as the End-User Agreement and Privacy Policy (the “Agreements”) represent the entire understanding and agreement between You and the Company with respect to the website www.Revoway.com (the “Site” and also referred to as the “Application”) with respect to the subject matter of the same (the “Agreements”), and supersedes all other negotiations, understandings and representations (if any) made by and between you and the Company. These Terms and Conditions shall not be construed more strongly against the Company despite its responsibility for its preparation. Any updates to these Terms and Conditions will be posted on the Application. BY PARTICIPATING IN OUR SERVICES, YOU AGREE, ACCEPT AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH BELOW. WE HAVE THE RIGHT TO REFUSE SERVICE BASED ON LOCAL, STATE OR FEDERAL LAWS RELATING TO ANY JURISDICTION.  YOU HAVE ANY QUESTIONS, CONTACT OUR CUSTOMER SERVICE TEAM AT [email protected]. The Terms and Conditions describe when and the conditions under which You are allowed to access or use the Application. Please read these carefully before visiting the Application. If You do not agree to these Terms and Conditions, You may not visit, use, or access the Application and You may not click to accept the Terms and Conditions when prompted on the Application.

ABOUT THE COMPANY AND THE APPLICATION

The Application

The Application is a service that provides freight shipping and vehicle shipping that specializes in shipping customer's vehicles and freight anywhere in the United States (the "Services"). There is no account set-up required by a User.

Compliance with Law

The Company represents and warrants that it is duly and legally qualified to operate as a property broker and to provide the transportation services contemplated herein. The Company agrees to comply with all federal, state and local laws regarding the provision of such brokerage services. The Parties understand and agree that the Company functions as an independent entity, and not as a carrier, in selling, negotiating, providing and arranging for transportation for compensation, and that the actual transportation of shipments tendered to the Company shall be performed by third-party motor carriers (“Servicing Motor Carriers”).

Policies, Payment and Charges

Vehicle Shipping. You warrant that You are the registered legal owner of the vehicle being transported (the "Vehicle"), or that You have been duly authorized by the legal owners to enter into this agreement for transportation of the Vehicle. In the event that You cancel this agreement for any reason whatsoever before a carrier has been assigned to a particular load there will be no cancellation fee. If after a carrier is assigned, You shall pay the Company a minimum cancellation charge of $150.00. If a carrier is onsite for pickup and You are unwilling to hand over the vehicle to the carrier, You will be charged a “dry run fee” of $250.00. A "dry run" fee may be assessed in the event You are unavailable or unwilling to provide the Vehicle for transportation as of the first date of availability as designated on the shipping form. You, upon tender of the Vehicle to the Company or its transportation agent, and the consignee, upon acceptance of delivery by You or Your agent, shall be jointly liable for any and all unpaid charges payable on account of the shipment, including but not limited to, sums advanced or disbursed by the Company or any of its agents on account of such shipment and any and all costs of collection including costs and reasonable attorneys’ fees. You shall not leave personal belongings in the Vehicle except those attached to and part of the Vehicle. The Company shall not be responsible for loss of or damage to personal belongings, including without limitation any personal property which is not factory installed, that are not a part of the Vehicle. Unless the order has been prepaid, or other arrangements have been made, You shall pay all COD amounts, including any additional charges,in all payments for the balance due to Carrier for C.O.D. must be made on or before the delivery of Shipment in the form of cash, certified funds, cashier’s check or money order made payable to the Carrier. Any payment not made shall accrue interest monthly at a rate of one and a half percent (1.5%). Customer WILL NOT use personal checks, debit or credit cards when making payments to the Carrier. In the event that said forms of payments are not available at delivery You shall be responsible for any and all storage fees assessed. In order to make pick up/delivery, You agree to meet the Company at a specified time and place if necessary. If Shipment is placed in storage due to Your refusal to pay the fees or accept delivery from a carrier for any reason, then the shipment may be placed in storage at Your expense and subject to Carrier’s lien for transportation charges until Customer pays in full the outstanding balance. Any and all storage and redelivery charges will be the responsibility of Customer and Customer agrees that Customer will not look to Revoway for reimbursement. In addition, You shall pay any and all costs, including without limitation storage, towing and additional delivery costs, incurred as a result of your breach of any warranty or obligation under this agreement. Signing the Company's bill of lading or its transportation agent’s bill of lading at destination without notation of damage shall be evidence of satisfactory delivery of the Vehicle. The Company's responsibility for the Vehicle commences when the bill of lading is issued and signed by the driver and terminates when the Vehicle is signed for at destination. The Company or any of its agents shall not be liable for damages, including without limitation any of the following, not caused by their negligence: a. Damage caused by fluids, acids, cooling system antifreeze, industrial fallout or damage caused by acts of God; b. Damage that is undetectable due to Vehicle's condition or glass damage caused by normal wear and road use; c. Mechanical malfunctions, exhaust assembly, frame, alignment, tire damage, soft top convertibles, suspension, tuning of engine or damage that is a result of tie downs tearing or breaking; d. Auto rental accruals; e. Damage resulting from the Vehicle being overloaded; f. Damage to the Vehicle because it cannot be driven on or off transporter under its own power or has defective or insufficient brakes, parking brake or parking gear. You shall be responsible for preparing the Vehicle for shipment. All loose parts, fragile or protruding accessories, low hanging spoilers, antennas, etc., must be removed and/or properly secured. Any part of the Vehicle that falls off during transport is Your responsibility, including damages caused to any other vehicles involved. Security systems should be disarmed and any keys or transmitters for said device must be provided to the transporter. The Company and its transportation agent transporting the Vehicle are hereby authorized to operate and transport the Vehicle from point of origin to the destination specified in the bill of lading. The Company is authorized to drive the Vehicle either at point of origin or point of destination between the points of loading/unloading and the points of pickup/delivery, and You shall provide insurance for the same. In the event that there are any unforeseen delays regarding delivery, federal regulations require that all outstanding freight charges be paid without deductions. You agree to properly note any damage claimed at the time of the delivery of the Vehicle, and to pay the balance of the delivery charges in cash or certified funds. Damages not noted on the transportation agent's bill of lading will not be honored (no exceptions). Any claim of damage caused by the Company must be made within 15 days of delivery in writing, specifying the damage claimed. The transportation agent actually transporting the Vehicle shall be liable for any and all damage claims arising from the transport. You agree to file all claims with such transportation agent as identified on the transportation agent's bill of lading/delivery receipt, and to bring any legal action for damages against such transportation agent only. You agree to release and hold harmless the Company from any such claims. The Company does not guarantee the date or time of delivery. You shall pay an additional $250 if the Vehicle is or becomes inoperable during transport, and an additional amount for if the Vehicle is oversized or overweight, unless the Vehicle is disclosed as being inoperable, oversized or overweight, respectively. All inoperable vehicles must steer, brake and roll. While the Company and its agents are driving the Vehicle for purposes of parking, storage and other purposes incidental to performance of the obligations under this Agreement, The Company shall have the full benefit of any insurance that has been affected by You on the Vehicle, unless said insurance coverage is void while the vehicle or property is in the possession of the Company and its agents. You shall, in its absence, designate someone to act as the Your agent at the points of pick up and/or delivery.

Freight Shipping. You shall tender certain freight shipments, from time to time, to the Company. The Company will charge and You will pay in accordance with the rates, charges, and payment terms set forth in the Company’s tender if accepted by the Company or the Company’s signed Rate Confirmation Agreement if accepted by You, for transportation services performed under this Agreement. In cases where there is a conflict in the details of an accepted tender and an accepted Rate Confirmation, the Rate Confirmation Agreement shall prevail. The Company represents and warrants that there are no other applicable rates or charges except those set forth in the Broker Shipper Agreement. In the event brokerage services are provided and it is subsequently discovered that there was no applicable or understood rate in place, the Parties agree that the charges invoiced by the Company shall be the agreed upon contract rate of the Parties for the services provided, unless such payment is objected to by You within thirty (30) days of the invoice date. You agree to pay the Company within thirty (30) days of receiving the invoice, with interest accruing monthly at a rate of one and a half percent (1.5%). You shall also be liable for any expenses, including attorney fees, the Company incurs in collecting its rates and charges.

Indemnification

The Company shall indemnify, defend and save You, your employees, and agents harmless from and against any and all liability, claims, loss, costs, fines, penalties, expenses (including attorney’s fees), judgments, or demands on account or damage of any kind whatsoever, including but not limited to personal injury, property damage, cargo damage, or any combination thereof, suffered or claimed to have been suffered by any person or persons, arising out of the Company’s services provided in connection with this Agreement to the extent such claim is caused by 1) the negligence or intentional misconduct of the Company; 2) The Company’s or its employees’ violation of applicable laws or regulations; or 3) The Company’s or its employees’ or agents’ breach of this Agreement. The foregoing notwithstanding, the Company shall have no liability to You under this provision, or otherwise owe any obligation to You under this provision, to the extent such liabilities or obligations represent consequential or special damages or are the result of or arise from the negligence or other wrongful conduct of You.
You shall indemnify, defend and save the Company, its employees, and agents harmless from and against any and all liability, claims, loss, costs, fines, penalties, expenses (including attorney’s fees), judgments, or demands on account or damage of any kind whatsoever, including but not limited to personal injury, property damage, cargo damage, or any combination thereof, suffered or claimed to have been suffered by any person or persons, arising out of Your performance under this Agreement to the extent such claim is caused by 1) Your negligence or intentional misconduct; 2) You or Your or its employees’ or agents’ violation of applicable laws or regulations; or 3) You or Your employees’ or agents’ breach of this Agreement, except to the extent such liability, claims or loss represent consequential or special damages, or are the result of the negligence or other wrongful conduct of the Company.
In the event that such claims, liabilities, losses, damages, fines, penalties, payments, costs and expenses (including without limitation, reasonable attorney fees) are caused by the joint and concurrent negligence or other fault of the Parties, or the Parties and a third party, the indemnity obligations for such claims, liabilities, losses, damages, fines, penalties, payments, costs, and expenses shall be borne by each Party in proportion to its degree of negligence or other fault. Any indemnified Party shall promptly tender the defense of any claim to the indemnifying Party. In no event shall either Party be responsible for any special or consequential damages.