Terms of Use "Agreement"

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SHIPIT SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT USE THIS SERVICE.

The TERMS OF USE is effective as of November 1, 2018 for all users. The legal entity you are entering into is an Agreement with ShipIt, LLC Pinellas County, Florida.

As a registered User also known as "Member" you have acknowledged and accept the ShipIt, LLC Terms of Use, Privacy Policy, and all policies also collectively known as "Service" which are posted on shipitweb.com. Any future changes we may make to the terms and conditions of this Agreement will be posted on shipitweb.com for your reference. ShipIt, LLC will notify all registered users of any material changes made to this Agreement as well as the effective date. You understand that should there be any conflict with any changes to the terms and conditions, the newest changes will take presence over any prior. You may not modify or change this Agreement in any way. You acknowledge that your use of ShipIt Service does not consult, but not to be limited to, any other connection, partnership or association between yourself and ShipIt, LLC. You also accept that this Agreement can be discontinued or we may cancel our services at any time without notice, without any liability or responsibility to the Service.

1. License, Trademark and Acceptable Use

   All content through ShipIt Service, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software is the property of ShipIt, LLC or its content suppliers and protected by United States and international copyright laws. The collection of all content included in or made available through any ShipIt, LLC Service is the exclusive property of ShipIt, LLC and protected by U.S. copyright laws. In addition, graphics, logos, page headers, button icons, scripts, and Service names included in or made available through any ShipIt, LLC Service are trademarks or trade dress of ShipIt, LLC in the U.S. ShipIt, LLC's trademarks and trade dress may not be used in connection with any product or Service that is not ShipIt, LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ShipIt, LLC. All other trademarks not owned by ShipIt, LLC that appear in any ShipIt Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ShipIt, LLC.

2. Definitions

   Shipper: A person or company that lists an item to be shipped. The shipper may be the consignee (recipient of shipment), the consignor (sender of shipment) or a 3rd party.

   Transporter(TSP): A person, agent or carrier that provides transport and related Services to a Shipper. For the transportation of goods, this includes carriers, brokers, freight forwarders, and third-party logistics providers.

   Membership: This contract is legally binding under applicable law. If you have been suspended temporarily or indefinitely a membership may not be available with ShipIt, LLC. You may not transfer or sell your membership, you confirm that you represent the business entity you have registered under. If you are under 18, you may use the ShipIt Services only with involvement of a parent or guardian. Transporting Members must have a valid Driver License and agree that the work that is provided involves only transportation Services. shipitweb.com is to be used for transport services, it is not to be used for goods and products.

   Member: A Shipper or Transporter (TSP)

3. ShipIt is an online Platform for Shipper's and TSP's

   ShipIt, LLC is a marketing platform which allows interaction and agreements between the Shipper and TSP. ShipIt, LLC does not interact with the Shipper and or TSP in these agreements, ShipIt, LLC does not endorse, control or have influence over any one shipper or TSP. ShipIt, LLC does not verify accuracy of items listed, nor do we guarantee a shipper or TSP will complete a shipment. ShipIt, LLC does not confirm TSP's validity with State and Federal Laws or Brokers meant to comply with the Move Ahead for Progress In the 21 Century (MAP-21).

   As a Member using this Service marketing platform, you are taking responsibility for all information you are providing, to be true and legal. You are the owner with legal rights to all information and content that you post on this platform, or you are the legal grantee with a valid license to use, distribute, reproduce and distribute such communication, content and/or information. You are acknowledging that you afford ShipIt Service to utilize all data you have entered to this platform in the same legal manner as you. You will comply with all Domestic Rules and Regulations with reference to all use of this marketing platform.

   You further allow this Service to use this information you are providing to share on this platform with other Members. Additionally, you agree not to use this Service platform in any manner to harass, abuse, stalk, threaten defame, lewdness, cause animosity, use suggestive content and under no circumstances will it contain pornography, otherwise infringe or violate the rights of other Members, ShipIt, LLC employees or any ShipIt Services, you assume all legal responsibility should any but not limited to these damages occur. ShipIt, LLC reserves the legal right but with no obligation to terminate your membership immediately under these prohibited acts or conditions. You acknowledge that ShipIt Service has no control or responsibility over the information that is provided. You further acknowledge that ShipIt, LLC does maintain the legal right to delete, restrict or terminate any communication on this Service platform that in any way is in violation of this Agreement.

   As a Member using this Marketing platform, you are legally bound and will not violate the Terms of Use, you lawfully agree to follow all Federal and State laws, Rules and Statues, not causing any legal liabilities. You will not breach any property or rights including but not limited to copyright, patent, or trademark rights; of any member or otherwise under this platform. You will not for any reason upload or insert any computer programming, language or code that may interrupt, damage or corrupt the operation of our ShipIt, LLC. You will not use ShipIt, LLC Service outside of the requirements of this Agreement for any reason. You will not mirror our Service without written consent.

   As a Member using this marketing platform, you understand and authorize that unless indicated, transport activity on ShipIt, LLC is to be made public within the ShipIt, LLC Terms of Use. For the security and principle of ShipIt, LLC and Members, no Member may provide contact information on this platform to any other member prior to booking and never publicly. Any Member information that is not to be used in a public format, ShipIt, LLC has your permission to use in an unidentifiable aspect.

   For any information you provide that is expressly not intended to be made public, You grant ShipIt, LLC the right to use the information in aggregate or in a non-user identifiable manner with reference to our Privacy Policy

   Under this Service platform, while using Google Maps API (s) you are subject to Google's Terms of Service

4. Shippers

   As the Shipper, you must read all terms and conditions presented by TSP's prior to accepting the bid on ShipIt. Unless noted by TSP the pick-up, delivery dates and transport time are not guaranteed. Cancellations may be requested by either party prior to pick-up. You are legally bound to the bid once accepted unless it is a transaction prohibited by law or this agreement. The TSP you have selected has the right to inspect your shipment and refuse to transport any prohibited item by this Agreement or by Law.

   You may not list for shipment any item(s) on this marketing platform to be considered, and not limited to, hazardous, dangerous, or in violation of any law, statue, regulation or prohibited items. Explosives, flammable gases and solids, toxic substances and radioactive materials are considered PROHIBITED. Items that cannot be shipped through the USPS or by commercial carrier are HAZARDOUS. Please refer to U.S. Postal Service Publication 52 for detailed information on any hazardous items that may be acceptable for shipment. The Shipper takes full responsibility to comply with all laws and regulations that relate to the item (s) and acknowledge full responsibility to be subject to legal fines and/or imprisonment, including but not limited to those specified in 18 U.S.C.

   IMPORTANT: ShipIt, LLC does not screen or qualify TSPs for compliance with FMCSA (Federal Motor Carrier Safety Administration) and DOT (US Department of Transportation), including but not limited to broker meant to comply with (MAP-21). FMCSA and DOT have Laws and Regulations in place to protect you as well as the public. The FMCSA registration of your TSP can be found at www.fmcsa.dot.gov as well as additional information at www.protectyourmove.gov. Confirm compliance directly with the TSP through question/reply on this platform. MEMBERS ARE PROHIBITED FROM SHARING CONTACT INFORMATION SUCH AS PHONE NUMBER, MOBILE NUMBER, FAX NUMBER, WEBSITE ADDRESS, EMAIL ADDRESS OR ANY OTHER FORM OF CONTACT TO COMMUNICATE OUTSIDE OF SHIPIT SERVICE TO DISCUSS A TRANSPORT LISTING FROM THIS PLATFORM. This information is in your membership profile and will be shared with the TSP when you accept and pay the bid they have offered.

5. Transporter (TSP)

   As the TSP, by placing a bid for an item on ShipIt, you are acknowledging that you are legally able and will comply with all laws and regulations set forth by Federal, State(s) and City(s) as required to transport this item. You must read items details as presented by Shipper prior to submitting your bid on ShipIt. As the TSP, you are accountable for your services, bidding and terms presented to the Shipper. Services, bidding and terms are presented by TSP and not by ShipIt. Cancellations may be requested by either party prior to pick-up. You are legally bound to this agreement once accepted unless it is a transaction prohibited by law or this Agreement. You, as the TSP, have the right to inspect the item you will be transporting and may refuse to transport any prohibited item by this Agreement or by Law). MEMBERS ARE PROHIBITED FROM SHARING CONTACT INFORMATION SUCH AS PHONE NUMBER, MOBILE NUMBER, FAX NUMBER, WEBSITE ADDRESS, EMAIL ADDRESS OR ANY OTHER FORM OF CONTACT TO COMMUNICATE OUTSIDE OF SHIPIT SERVICES TO DISCUSS A TRANSPORT LISTING FROM THIS PLATFORM. This information is in your Membership profile and will be shared with the Shipper once they accept and pay the bid you have offered.

6. Payments, Charge Backs and Reversed Payments

   Each member is in control of their payment made through ShipIt. ShipIt is not an escrow service and has no control over the payments between Members or the release of funds. Once a Shipper accepts a TSP's bid, the Shipper funds their account. Upon delivery the TSP and Shipper will mark the item as Delivered and this will initiate the funding process to the TSP. AS THE SHIPPER YOU SHOULD NOT MARK YOUR ITEM AS DELIVERED UNTIL YOU ARE IN POSSESION OF YOUR ITEM, UPON DELIVERY. Please note, ShipIt, LLC does not and can't control when the item is marked as delivered. The Shipper agrees that they will mark their item as delivered on this platform upon delivery to the TSP regardless of property damages, quality of service, time delay or other unforeseen issues that may have taken place during this transport. ShipIt, LLC will act accordingly and make every attempt possible to ensure the funds to be released to the TSP from the Shipper and ShipIt, LLC shall not be held accountable should the Shipper not mark the item as Delivered. Both parties acknowledge that the Shipper and TSP are responsible to resolve any disputes incurred based on this transport outside of ShipIt and agree that ShipIt has no accountability or is under any obligation to either party unless ShipIt does not fulfill its definitive Agreement here within.

   Any successful charge back from a credit or debit card payment will be a reversal of funding within the Shipper and TSP accounts, this will place the transport in an unpaid status. In the event the TSP has already withdrawn funds, this may cause a negative account balance which will be subject to collections. Unwarranted chargebacks or payment cancellation by any ShipIt members are not approved, resulting in the suspension of your ShipIt membership. ShipIt may utilize all options available to collect the cancelled funds, including sending your unpaid account to a 3rd party collections. If in fact the transport was not completed, all members must follow the Agreement. In a case where a Member feels their credit or debit card was charged fraudulently, prior to any reversal of funds, the Member must notify ShipIt to review to determine if the reversal of funds is acceptable. Any reversal of funds is not a replacement, addition or cancellation of a ShipIt listing.

7. Pricing and Price Changes

   Quotes and bids a TSP provides to a Shipper are required to be all inclusive. If the item(s) listed by the Shipper differ causing the TSP to encounter changes which would require but not limited to additional or different equipment, additional services required, penalties, fines, legal fees to complete this move, the TSP may bill an additional amount that the Shipper is responsible for. The TSP is prohibited from requesting extra payment for taxes, service charges, other fees or collection of other fees. Members are prohibited from requesting payment outside of this Service or in any form other than as provided on this Platform. MEMBERS ARE PROHIBITED FROM INTERACTING WITH ONE ANOTHER WITH THE INTETIONS OF EVADING THE RIGHTS OF SHIPIT, LLC

8. Fees

   Your membership holds you responsible for paying all fees and applicable taxes you may acquire by any users of your account. Reserving all rights at any time, ShipIt, LLC may change fees, penalties or change fees on a promotional setting as outlined on shipitweb.com. ShipIt, LLC does not charge the Shipper to become a Member or limit the number of items listed to ship, nor charge the TSP to become a member or limit the number of items to be bid on. ShipIt, LLC may collect a processing fee from the TSP once the Shipper has accepted a bid from the TSP, this amount is displayed when you, the TSP enter your bid amount. ShipIt, LLC may collect a Processing fee from the Shipper at the time a bid is accepted, this amount is displayed when you, the Shipper accept and pay the TSP's bid. The TSP is prohibited from requesting fees outside of your bid amount, this bid must be all inclusive. MEMBERS ARE PROHIBITED FROM INTERACTING WITH ONE ANOTHER WITH THE INTETIONS OF EVADING THE RIGHTS TO PROCESSING FEES TO SHIPIT, LLC.

9. Authorization to Credit and Debit Accounts

   As a Member, User, Shipper or TSP, you irrevocably grant ShipIt, LLC authority to credit or debit monies through the account you have provided to ShipIt. LLC. You acknowledge you will maintain a valid credit or debit card on file while actively using your ShipIt, LLC account. You are of the understanding that if you do not maintain a valid card on file you may be charged interest and penalties. You further authorize ShipIt, LLC to charge any monies from your account for any unforeseen chargebacks or any other monies owed. ShipIt, LLC reserves all rights action to recover all monies owed to ShipIt, LLC.

10. Booked Cancellations and Account Credits

    The booked cancellation procedures are put into place to guarantee the feedback process and any refund is completed as outlined to User, Member, Shipper and TSP. Before any services are provided and only if after both members have attempted but are unable to reach solution, Shipper or TSP can request a cancellation on a transport booked on this platform. The initiating Member of the cancellation notes that the other Member will be given 48 hours to reply by accepting cancellation and reason given, accepting cancellation but with own reason or disputing cancellation and request a review by ShipIt, LLC. If the cancellation is accepted by both Members, the booking will be canceled. At that time the Shipper may be able to re-list or the listing will be deleted. If the cancellation is not accepted by the other Member within the 48 hours, the cancellation will be accepted and processed by ShipIt, LLC. If the other Member does not accept the cancellation or reason, it will be sent to ShipIt, LLC to review and determine if the cancellation will or will not be accepted with notification to Members within 72 hours.

    All transports are booked using the credit or debit card on file for the Member. ShipIt, LLC will use this same method of account on file to credit the cancellation less the non-refundable processing fee of 4.75%. NOTE: A REFUND CAN ONLY BE ISSUED BEFORE SERVICE RENDERED AND THE TSP IS IN TRANSIT WITH ITEM.

11. Mobile Application (under construction)

    As a Member, you agree not to use the Service while driving, and to either only use the Service after you have stopped your vehicle in an appropriate location permitted by law or authorize a passenger, not the driver, to use the Service, provided it does not interfere with the due course of driving and does not distract the driver. You agree not to use the Service in a way that distracts you and prevents you from obeying traffic or safety laws. You agree that your use of the App may incur third party fees, such as fees charged by your Mobile Carrier for data usage, and may be subject to third party terms, such as your Mobile Carrier's terms of Service, and you agree to pay all such fees and abide by all such terms. You accept all responsibility and risk of using the ShipIt Services and mobile applications. ShipIt does not guarantee compatibility with your mobile device, hardware, software or equipment. Nor does ShipIt have any liability for damages caused due to corruption of the software and files located on your mobile device. As a Member, you acknowledge it is your responsibility to check downloads to confirm compatibility with your device. Should ShipIt Service or Mobile App be wrongfully used, ShipIt reserves the right to terminate the Service.

12. Terminate or Deactivate Membership

    As a Member, you acknowledge that ShipIt Service reserves the legal right to terminate, deactivate or decline a membership at any time without cause, reason or notification. The Service is held harmless to any damages caused by acting upon this legal right. Refer to the Service for prohibited actions that may result in termination or deactivation.

13. Rating/Feedback

    As a Member, you are entitled to leave a rating and feedback once a transport has been completed. Each Member, the Shipper and TSP will have the option to use the rating scale as well as a comment that would describe your satisfaction of the Member and the transport. Each Member acknowledges you will not influence or have not been influenced by the feedback left pertaining to the Shipper, TSP or Service in any way. Members acknowledge that once feedback is left it will not be deleted or changed; any conflicts should be resolved prior to leaving feedback and you will not use the feedback left on this Service in any manner other than to be referenced on this platform. TSP's scores and feedback will be gathered and placed on your profile allowing Shippers the ability to review your stats.

14. Dispute Resolution

    Members are to contact ShipIt Member Support with any conflict there may be on this platform. ShipIt will take every step possible to rectify any matter you may have with our Service.

    Members are to work in direct contact to resolve any conflicts between yourselves. The ShipIt, LLC service is strictly a marketing platform for Members. Please note that any conflict between Members that is brought to Member Support directly will be given this recommendation. In the event a Member seeks your contact information, you as a Member, allow Member Support to provide this information. ShipIt Service reserves the legal right to provide your contact information such as but not limited to phone or cell numbers, address, and email address to the requesting Member. You as the Member agree to make all attempts possible to resolve all conflicts amicably. Members should report theft, fraud or any other criminal activity to the appropriate law enforcement agency immediately.

    In the event you should have a dispute with any other Member(s), you as a Member hold ShipIt, LLC, Service, Officers, and employees harmless from all claims and damages of all disputes.

15. Confidentiality of Service

    You acknowledge as a Member of this Service that our information is confidential and may never be used other than by ShipIt, LLC as stated under this Agreement. Sharing ShipIt, LLC's data, technical information, business methods, procedures, practices while not limited to the proceeding, with any other party unrelated to this Service, is prohibited under this Agreement and ShipIt, LLC will pursue immediate legal action. You as a User/Member understand our information is of extreme importance to this Service and that it would be a breach of Agreement to share our business information that you may have obtained in error.

16. Taxes

    You, as the User, are responsible for all taxes, duties or fees that may be acquired in connection to your agreement on ShipIt, LLC. Charges payable to any taxing government, based on your agreement on this Service, will be your sole responsibility. All fees, for use of our Service are inclusive of applicable taxes.

17. Record Keeping/Audit

    In complying with all rules and regulations set forth by law, ShipIt, LLC will maintain all records pertaining to all agreements and data within for each Member on this Service.

18. No-solicitation

    As a Member of this Service, you may not solicit, send marketing or advertising to another Member, Officer, employee or business affiliation through this Service with regards to ShipIt, LLC.

    Also, as a Member you acknowledge that if you provide any unsolicited suggestions and/or ideas to ShipIt, LLC that you are providing such with the intent to allow this Service the ability to use these suggestions and/or ideas with no limitation, obligation or legal responsibility to you.

19. Disclaimer of Warranties and Limitation of Liability

    The ShipIt, LLC Service and all information, content, materials, software and other services included on or otherwise made available to you through shipitweb.com are provided by ShipIt, LLC on an "AS-IS" and "AS AVAILABLE" basis unless otherwise specified in writing. ShipIt, LLC makes no representations or warranties of any kind, express or implied to the fullest extent permissible pursuant to applicable law as to the operation of this Service or the information, content, materials, software or other services, included on or otherwise made available to you through shipitweb.com. Unless otherwise specified in writing. You, as a User/Member, expressly agree that your use of this Service is at you risk. ShipIt, LLC does not warrant, while not limited to, information, content, material, software or other services included on or otherwise made available through this Service are free from viruses or other harmful components to the full extent permissible by law. ShipIt, LLC will not be liable for any damages of any kind which may arising from the use of any ShipIt, LLC Service, or from any information, content, material, software or other services included on or otherwise made available to you through any ShipIt, LLC Service, this includes but is not limited to direct, indirect incidental, punitive, and consequential damages unless otherwise specified in writing.

20. Restitution

    You, as a Member will make restitution with and hold harmless ShipIt, LLC, ShipIt, LLC officers and employees including but not limited to any allegations, monetary fees, attorney fees, made by any representation on your behalf due to your breach, disregard of ShipIt, LLC Terms of Use or Service and/or negligence of any law or right of others.

21. Arbitration

    Any dispute or claim relating in any way to your use of any ShipIt, LLC Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

    There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of the Terms of Use as a court would.

22. Security

    ShipIt, LLC takes all means possible to safeguard your personal data from unauthorized access, which includes firewalls and Secure Socket Layers (SSL) as well as many other security safeguard procedures. While taking these measures of security, we cannot guarantee unauthorized access to this service or our system from unforeseen factors.

23. Applicable Law

    By using any ShipIt, LLC Service, you agree that the Federal Arbitration Act, applicable Federal Law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and ShipIt, LLC.