Laneaxis Platform User Agreement
You agree to and understand the following in its entirety:
This Agreement is effective on June 30, 2020 for all users.
The legal entity You are entering into this Agreement with is LaneAxis, Inc., a Delaware Corporation, located at 3200 Park Center Drive, Costa Mesa, CA 92626 (“LaneAxis”).
1. License and Acceptable Use
The LaneAxis Services contain copyrighted material, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos or applications, and code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests, and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance", and "graphic function" of our Services including but not limited to its color combinations, sounds, layouts, and designs. You agree and acknowledge that your use of the LaneAxis Services does not confer upon You any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, reverse engineer modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks, and copyrights are held by their rightful owners. LaneAxis grants to you a non-exclusive, non-transferable (except as permitted below), worldwide limited license to make use of the LaneAxis Services. This license does not include any resale of LaneAxis Services, or its contents. You may not collect and/or use any shipment information, descriptions, or prices for any reason. You may not engage in: any derivative use of any LaneAxis Service or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in this User Agreement are reserved and retained by LaneAxis or its licensors, suppliers, users, rightsholders, or other content providers. No LaneAxis Service, nor any part of any LaneAxis Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LaneAxis. You may not misuse the LaneAxis Services. You may use the LaneAxis Services only as permitted by law.
A person or company that arranges to have goods shipped on their own behalf by any type of conveyance. The Shipper might be the consignee (recipient of the 3 LaneAxis User Agreement shipment) or the consignor (sender of the shipment), or a 3rd party that is neither. On LaneAxis, Shippers may be referred to as the “Shipping Customer” or “Customer” or “Booking Party”.
A person or company who provides transportation of goods (or passengers) for compensation (sometimes referred to herein as a service provider).
3. LaneAxis is a Neutral Venue and Digital Clearinghouse
LaneAxis is not a transportation service provider, Carrier or Shipper. Our website acts as a neutral, digital venue where Shippers and Carriers can interact and enter into agreements. LaneAxis is not a party to any shipping agreement made between LaneAxis users via the LaneAxis software platform. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. LaneAxis does not prequalify or validate the claims or qualifications of Carriers, including, but not limited to, required pre-shipment documents such as insurance certificates and Commercial Drivers Licenses (CDLs). LaneAxis assumes no responsibility for insufficient, fraudulent or misleading document uploads. LaneAxis does not endorse, recommend, or refer any specific Carrier or Shipper, nor does LaneAxis have any control or influence over actions or decisions made by users of the service. All users of the LaneAxis platform make their own decisions and You acknowledge and agree that we are not in any way arranging transportation or shipping or logistics services on your behalf. Because we are not involved in the actual transaction between Shippers and Carriers, we have no control over the accuracy of listings, the ability of Carriers to transport items, or the ability of Shippers to send items. We cannot ensure the Shipper or Carrier will actually complete a shipment. We cannot and do not guarantee the ability of users to complete or fulfill any services booked through the LaneAxis platform. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any user’s identity. Any identity verification methods we employ are strictly on a best efforts basis and should not be solely relied upon by our users. You acknowledge and agree that any and 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.
4. Access to Site and Services
You agree that You can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended LaneAxis users. You acknowledge that You are at least 18 years of age. Minors may only use our Services in conjunction with their parents or guardians. Your LaneAxis account may not be transferred or sold to another party. If You are registering as a business entity, you represent that You have the authority to bind the entity to this agreement. Users who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the LaneAxis Services are for transportation services only and that work that You provide will only involve transportation services. You agree that You will not use your participation in the LaneAxis website as a means to sell or market any types of goods or products, unless specifically allowed by LaneAxis.
All load-specific negotiations, including but not limited to accessorial charges, will be reflected in the terms of the rate confirmation and load manifest.
6. Transportation Service Providers
You must legally be able to transport the shipments You engage with through LaneAxis. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state, and federal licensing requirements. Carriers agree that, through the various products and features on LaneAxis, they are solely responsible for all aspects of services, pricing, and terms they offer the Shipper. Rates, services, and terms are solely provided by the Carriers and not by LaneAxis. You understand and acknowledge that all shipment information is provided by other registered users and LaneAxis has no control over or responsibility for the accuracy of this information. You are responsible for reading all of the shipment details and by booking shipments on LaneAxis, you are entering into a legally binding agreement to complete the services as requested by the Shipper.
A. Accounts Fees
Shippers and Carriers shall be charged a “Transaction Fee” for shipments that are booked and completed through the LaneAxis Services in the amount of 2.00% of the total agreed upon and confirmed rate by Carrier and Shipper – such fee shall be split evenly as 1.00% charged to Shipper and 1.00% charged to Carrier. This fee may change from time to time. Once a Shipper and Carrier agree upon a rate and that rate is confirmed by the parties, such funds are processed by Stripe and delivered to the LaneAxis intermediary gateway account (the “Gateway Account”). In the event a Carrier assesses additional charges other than the original booked quote due to changes in the services provided, the fee will be based upon the final assessed shipping price. This fee is non-refundable following rate confirmation by Shipper or driver’s acceptance of the Carrier load.
Once the Shipper and Carrier agree to the rate confirmation, the Shipper will submit the full payment (the “Load Payment”) via the Gateway Account. The Load Payment will be held in the Gateway Account during the duration of the shipment. Once the driver uploads the signed Proof-of-Delivery, the Load Payment to the Carrier will be held for an additional 24 hours to allow for any potential disputes and their resolutions. If there are no disputes, Load Payment less the Transaction Fee, FreightVISION fee and any other applicable fees will be released directly to the Carrier’s bank account on file with LaneAxis. If a dispute arises that extends beyond the 24-hour post-delivery window, the dispute will be moved offline for continued resolution efforts and, if need be, third party mediation. LaneAxis will make commercially reasonable efforts to ensure proper disbursement of funds among Shippers and Carriers; however LaneAxis shall have no liability or be otherwise indebted to the Shipper for any damages, missing items, or other service level issues that occurred during the shipping process.
It is the responsibility of both the Carrier and Shipper to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of LaneAxis. The Shipper and Carrier acknowledge and agree that LaneAxis shall not have any obligations or liability to the Shipper unless LaneAxis fails to fulfill its explicit obligations hereunder.
LaneAxis has revolutionized virtual freight management through FreightVISION, providing real-time tracking of all freight movements from prior-to-pickup through proof-of-delivery. Upon price confirmation of a load, a $5 fee shall be charged to Shipper in connection with such tracking services. FreightVISION provides:
If Carrier creates load in network, Carrier shall be responsible for the $1 FreightVISION
fee and receive all FreightVISION features.
B. Penalty Fees
C. Chargebacks and Reversed Payments
8. Pricing and Price Changes
LaneAxis does not set or control prices offered by Shippers and Carriers. Quotes and offers Shippers receive from Carriers are required to be all-inclusive based on the information Shippers provide; however, if the actual shipment characteristics are materially different than specified by the Shipper and result in changes such as but not limited to equipment required, space required, accessorial services required, all duties, customs assessments, governmental penalties and fines, taxes, and legal costs allocable to shipments, then Carriers may invoice a different amount than the original quote, and the Booking Party shall be responsible for all additional costs incurred. The 2% payment Transaction Fee will be based on the final agreed rate confirmation.
Transit time will not affect the final invoice price unless specifically stated in the Carrier’s rules tariff. Transit times are not guaranteed by LaneAxis. If the dimensions and/or weight of the shipment vary from the original quote, the Carrier may charge additional amounts above the quoted price and the Booking Party shall be responsible for all additional costs incurred. Carriers may require the use of additional equipment and/or services to complete delivery of a shipment. In such cases, the Carrier may invoice the Shipper to reflect the additional transportation costs and the Booking Party shall be responsible for payment of all additional charges. Shippers will be notified of any price changes or new fees that are requested through LaneAxis and LaneAxis will charge the Shipper’s payment method on file within 48 hours. In the event that a shipment is rerated and the resulting amount due is less than the amount initially quoted and paid through LaneAxis Payments, a LaneAxis account credit equal to the difference between 8 LaneAxis User Agreement the amount initially paid and the adjusted invoice amount will be applied to the Shipper’s LaneAxis account. Credits may be applied toward booking any other shipment within one year of the date of issuance, otherwise they will expire. Shippers should contact Member Support regarding refund requests, questions or concerns about their LaneAxis account credits.
9. Authorization to Credit and Debit Accounts
As a Shipper or Carrier, You irrevocably and expressly authorize LaneAxis to credit any monies to the account that You have identified for LaneAxis. Carriers who subscribe to a month-to-month subscription plan agree to maintain a valid credit card on file to engage with LaneAxis Services. Carriers selecting the 6 or 12 month subscription plans are required to “prepay” those plans in full. All subscription plans are set to auto-renew at their conclusion, unless previously cancelled, with the renewal fee charged to the credit card on file. Further, Carrier agrees to maintain a valid bank account with ACH access to accept Shipper payments.
Shippers are encouraged, though not required, to have a valid credit card and/or bank account on file at all times. Shippers have the option of pre-purchasing discounted “FreightVISION” shipment credits in bulk, but can also “pay per shipment” on an asneeded basis. In all cases, a Shipper’s payment must be cleared and confirmed before any shipment can commence. You agree that it is your responsibility to maintain a valid credit card or bank account on file with us while engaging in activity with the LaneAxis Services. You agree that if You do not maintain a valid credit card or bank account on file with us during any billing attempt, You may be subject to interest and penalties. You expressly authorize LaneAxis to withhold any monies and/or debit any monies from any account that You have identified to LaneAxis for any chargebacks, fees, costs, deductions, adjustments, and any other amounts owed to LaneAxis. We reserve our rights to all actions and remedies in connection with any monies owed to LaneAxis.
10. Load Cancellations
A cancellation may be requested by either party after a shipment is booked on LaneAxis but before any services are performed. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on LaneAxis will not be performed. When You request a cancellation, the other party will be notified and will have the opportunity to respond by either:
11. Mobile Application Usage Cancellations
When using the Services on a mobile device and/or the LaneAxis 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;
iv. Not interact with the app, unless your vehicle is stationary and legally parked;
v. Not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes.
LaneAxis does not warrant that the mobile application will be compatible or interoperable with your mobile device or any other piece of hardware, software, or equipment. Furthermore, you acknowledge that compatibility and interpretability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent damage to your mobile device, and corruption of the software of and files located on your mobile device, and LaneAxis shall have no liability should these problems arise. You assume all responsibility and risk for the use of the LaneAxis Services and mobile applications.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct application for your device. LaneAxis is not liable if you do not have a compatible mobile device or if you download the wrong version of the application for your mobile device. LaneAxis reserves the right to terminate the Service and the use of the application should you be using the Service or application with an incompatible or unauthorized device. You will comply with all applicable law from your home nation, the country, state, and/or city in which you are present while using the application or Service.
13. Carrier Cargo Claims and Carrier Limitations of Liability
As a neutral venue, LaneAxis does not set terms specific to Carrier cargo liability. Except where otherwise provided by the Carrier via the LaneAxis platform, the Carrier liability for any cargo damage, loss, or theft from any cause shall be determined under the presiding, applicable law. All cargo claims should be submitted immediately by the Shipper to the selected Carrier to help ensure timely resolution, and LaneAxis shall have no liability or responsibility for same. The Shipper may not offset freight or other charges against claims for any loss, damage, misdelivery, or non-delivery. Where provided by the Carrier through LaneAxis, the liability for cargo loss offered will be determined by the individual Carrier’s governing General Rules Tariff or terms and conditions in effect at the time of shipment. If a shipment contains freight with a predetermined exception value, as determined by the selected Carrier, the maximum exception liability will override the otherwise standard liability for cargo loss. The maximum amount that a Shipper may recover on a cargo claim will be that which is recoverable under the Carrier’s published liability limits and/or tariffs. The Shipper agrees that by booking a shipment on LaneAxis they have been afforded a choice of reasonable liability rates for 10 LaneAxis User Agreement the protection of all freight shipped, and has voluntarily chosen the released rates and limits published by Carriers through the platform.
14. Information You Submit
You solely are responsible for any information You provide to us or other users in the registration, shipping, transportation process, or any other use of our Services. Your personal information and any shipment listings must be true, legal, accurate, and non-fraudulent. You authorize LaneAxis to use the information You supply to us in connection with our Services and in accordance with this Agreement. You acknowledge and agree that our Services act as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that You may post to the LaneAxis Services that is in violation of this Agreement, illegal, threatening, or lewd. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
Furthermore, You expressly represent and warrant the following:
A. LaneAxis User Moderation
The LaneAxis Services are self-policed by LaneAxis users via a flagging system that is used to communicate the policies of the LaneAxis User Agreement. A registered user who receives a red flag on three separate occasions is subject to suspension of their account. LaneAxis reserves the right to edit, amend, or delete any information posted on the LaneAxis Services if, in the sole opinion of LaneAxis, that it is in violation of any company or platform policy.
B. Information Posted Publicly
Unless otherwise indicated, shipping transaction activity on LaneAxis is intended to be made public, and You are authorizing LaneAxis to use or repurpose this information within the scope of the LaneAxis Services and this Agreement, including in a user identifiable manner. In order to maintain the safety, security and integrity of the LaneAxis Service, You may not provide contact information to other users prior to booking and never on any public area of the site.
C. Information Posted Privately
15. Prohibited Activities
LaneAxis may suspend or remove your account if we suspect that You have engaged in prohibited activities in connection with our Services. LaneAxis reserves the right, but is not obligated,to edit, amend, or delete any prohibited or malicious content that users submit on our Services. Users may not manipulate or attempt to manipulate other user’s LaneAxis accounts. Other prohibited activities include but are not limited to:
16. Right to Suspend or Remove Users
We reserve the absolute right to reject or suspend your participation, or remove You from your current participation, with the LaneAxis Services at any time and for any reason or for no reason and without notice to You. We are not liable for any damage or loss resulting from such hold, suspension, or removal. An event that may result in the suspension or removal of your participation can include but is not limited to: flagging; abusive or hostile behavior; unresolved customer disputes; multiple accounts or relation to other accounts; committing fraud or violating this User Agreement; and, poor performance on the site (high cancellations or negative feedback, etc.). LaneAxis has no obligation to disclose the reason for actions taken under this section. All decisions are final.
17. Prohibited and Restricted Items
Disputes between You and LaneAxis regarding our Services should be reported to LaneAxis Member Support and are otherwise governed by Section 35 of this User Agreement. In the event that you have a dispute with another user, we will attempt to resolve any disputes through a customer service protocol. Because we are a neutral venue, however, we are not responsible for successfully resolving any disputes, nor are we responsible for any decisions made or actions taken in a reasonable effort to assist in the resolution of a dispute involving you. If You report a dispute to LaneAxis, we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between You and the other party. Therefore, if we are contacted by a user who claims to have a dispute with You regarding transactions completed on LaneAxis and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the LaneAxis user and You agree to release us from any and all liability associated therewith. We encourage You to report all user-to-user disputes to law enforcement officials, or a certified mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
18. Dispute Resolution
19. (U.S. Only) Household Goods Shipments
20. (U.S. Only) Non-household Goods Shipments
21. No Agency
25. Record Keeping/Audit
27. Unsolicited Idea Submission
29. Limited Liability and No Warranty
31. Legal Compliance
32. Arbitration and Waiver of Class Actions
33. Trademark and Domain Name Protection
35. Governing Law
36. Other Terms and Conditions
Last Revised Date: July 27, 2020