Terms & Conditions For Driver

Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Pawzitiveshippers.com Platform, you agree to comply with and be bound by these Terms.

Thank you for using Pawzitive Shippers.

1. ACCEPTANCE OF TERMS

Pawzitiveshippersr.com provides a collection of online resources, including a load board, etc. (referred to hereafter as “the Service”) subject to the following Agreement and Terms of Use (“Agreement”). By using the Service in any way, the user (“Driver”) agrees to comply with the Agreement. In addition, when using particular Pawzitiveshippers.com services, Driver agrees to abide by any applicable posted guidelines for all Pawzitiveshippers.com services, which may change from time to time. Should Driver object to any term or condition of the Agreement, any guidelines, or any subsequent modifications thereto or become dissatisfied with Pawzitiveshippers.com in any way, Driver’s only recourse is to immediately discontinue use of Pawzitiveshippers.com. Pawzitiveshippers.com has the right, but is not obligated, to strictly enforce the Agreement through self-help, community moderation, active investigation, litigation, and prosecution.

2. ACCOUNT REGISTRATION AND CERTIFICATION

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
Pawzitiveshippers.com requires the Driver to register with the Service by creating a username and password. Following successful username/password registration, and prior to being granted access to the Service, Driver shall submit to a certification process in order to verify ‘s identity.
This is obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all the information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
Pawzitive Shippers (referred to as “us” or “we”) provides the Pawzitiveshippers.com site and various related services (together referred to as this “site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

Upon creation of a valid username and password and strictly contingent upon successful certification, Pawzitiveshippers.com grants Driver a limited, revocable, nonexclusive license to access the Service for Driver’s own personal use. Use of the Service beyond the scope of authorized access granted to Shipper by Pawzitiveshippers.com immediately terminates said permission or license.
Driver may not under any circumstance exchange personal contact information with shipper prior to shipper paying Pawzitiveshippers.com $75 booking fee.
 

3. TERMINATION OF SERVICE

Driver agrees that Pawzitiveshippers.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate Driver’s account, block Driver’s email or IP address, or otherwise terminate Driver’s access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Pawzitiveshippers.com believes that Driver has acted inconsistently with the letter or spirit of the Agreement. Further, Driver agrees that Pawzitiveshippers.com shall not be liable to Driver or any third-party for any termination of Driver’s access to the Service. Further, Driver agrees not to attempt to use the Service after said termination.

4. CONTENT

Driver understands that all postings (including, but not necessarily limited to, any transport-availability information), messages, text, files, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person or entity from whom such Content originated. More specifically, Driver is entirely responsible for each individual item (“Item”) of Content that Driver posts, emails, or otherwise makes available via the Service. Driver understands that Pawzitiveshippers.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, Driver may be exposed to Content that is inaccurate, misleading, or otherwise objectionable. Furthermore, the Pawzitiveshippers.com site and Content available through the Service may contain links to other websites, which are completely independent of Pawzitiveshippers.com. Pawzitiveshippers.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Driver linking to any other websites is at Driver’s own risk. Driver agrees that Driver must evaluate, and bear all risks associated with the use of any Content, that Driver may not rely on Pawzitiveshippers.com in respect of said Content, and that under no circumstances will Pawzitiveshippers.com be liable in anyway for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. Driver acknowledges that Pawzitiveshippers.com does not pre-screen or approve Content or monitor the same, but that Pawzitiveshippers.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Agreement or for any other reason.

5. FEES

By accepting this Agreement, Driver agrees that we may obtain information about Driver, including without limitation Driver’s driving record, references, and credit information. Driver hereby authorizes Us to perform periodic background checks on Driver, and further agrees to provide any necessary authorization to facilitate Our access to Driver’s official driving record, references and credit information during the term of the Agreement. Driver also agrees to PawzitiveShippers performing an address verification by comparing and analyzing credit card information provided by Driver. Driver is responsible for notifying Pawzitive Shippers regarding possible errors in any charges or fees applied to Driver, and Driver agrees to hold Pawzitive Shippers harmless should error in fees or charges arise. Any claim to refund charges made in error are valid for 90 days after the charge was made, after which time Driver rescinds any claim to refunds on charges made in error. Pawzitive Shippers will ONLY refund the credit card that was used to make the purchase, or to an updated credit card provided to us. Under exceptional circumstances we may use Paypal to issue refunds. Pawzitive Shippers cannot issue personal checks to process refunds. 

6. LIMITATIONS ON SERVICE

Driver acknowledges that Pawzitiveshippers.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number of postings, or other Content that may be transmitted or stored by the Service, and the frequency with which Driver may access the Service. Driver agrees that Pawzitiveshippers.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. Driver acknowledges that Pawzitiveshippers.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Pawzitiveshippers.com shall not be liable to Driver or to any third party for any modification, suspension or discontinuance of the Service.

7. LOSS, DAMAGE OR DELAY CLAIMS

Driver shall immediately report all lost, damaged and delayed shipments to the Shipper. Immediately thereafter, Driver shall report such loss, damage or delay to Pawzitiveshippers.com. Driver agrees to cooperate fully with Shipper and with Pawzitiveshippers.com with respect to any loss, damage or delay claim of Shipper. To notify us, please email us on drivers ‘at’ Pawzitiveshippers.com and include any supporting evidence, for example photos.

8. APPROPRIATE USE

By registering with Pawzitiveshippers.com, Driver represents, warrants and covenants that
(1) Driver is at least 21 years of age;
(2) Driver is or represents a bona fide business entity or Driver is an individual of which agrees to the terms of this agreement;
(3) Driver’s access to the Service is for commercial purposes and is limited to taking commercial advantage of the Service or Driver is an individual and uses service for certain items to be shipped of which are in compliance with the terms of service herein;
(4) Driver will not permit non-registered users to use the Service without the express permission of Pawzitiveshippers.com;
(5) Driver will not disclose Driver’s Pawzitiveshippers.com password or provide access to Driver’s Pawzitiveshippers.com account to non-registered users without the express permission of Pawzitiveshippers.com and
(6) Driver has provided an accurate description of all items posted on the Service.
(7) Driver will not disclose personal or identifying information or make contact with other persons outside of Pawzitiveshippers.com unless expressly allowed by Pawzitiveshippers.com, or after accepting/hiring by transportation provider through Pawzitiveshippers.com.
By violating these warranties, Driver risks having Driver’s account terminated by Pawzitiveshippers.com without warning, in addition to being subject to any other legal remedies that may be available under the Agreement, or that may be available under state and/or federal law. To the extent Pawzitiveshippers.com may have to sue Driver to enforce any part of the Agreement, or other federal and state law violations committed by Driver while accessing or using the Service, Driver expressly agrees to bear the costs of that enforcement, including without limitation, all related attorneys’ fees.

9. PET TRANSPORT AND EUTHANASIA POLICY

Drivers are hereby prohibited to accept a shipment that involves the euthanasia, end of life services or anything of the like of an animal. Driver and Shipper agree that they will not participate or agree to such transportation. Acceptance of such a job will result in immediate termination of the service for both the Shipper and Driver. Driver also agrees that they will cover any veterinary fees or autopsy fees associated with a pet while in their care.

10. DISCLAIMER OF WARRANTIES

Pawzitiveshippers.com facilitates the movement of shipments by maintaining an online load-matching service for use by drivers and shippers, but Pawzitiveshippers.com does not arrange for the movement of shipments. All such arrangements are made by the users of the Service, and any terms and conditions of such shipment movement are solely between the Driver and the Shipper. Pawzitiveshippers.com assumes no liability or responsibility for the labeling, handling, packaging or preparation for transport of shipments posted with the Service and it makes no representations or warranties as to the transit worthiness of same or whether the same is, in fact, safe for handling or transport which remains the responsibility of the Shipper and/or the driver or carrier as the case may be. No agency, partnership, joint venture, employee-employer, or franchisee-franchisor relationship is intended or created by Driver’s use of the Service or by the Agreement.
If you choose to use the Pawzitive Shippers Platform you do so voluntarily and at your sole risk. Pawzitiveshippers.com and its Collective Content is provided “as is”, without warranty of any kind, either express or implied.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
Driver’s use of the Service is at Driver’s own risk. While Pawzitiveshippers.com makes reasonable efforts to post accurate and timely information, Pawzitiveshippers.com makes no representations or warranties of the accuracy of the Service’s content and assumes no liability or responsibility for inaccuracies, errors, or omissions in such content.
Neither Pawzitiveshippers.com nor any other party involved in the creation, distribution, or display of the Service is liable for any lost profits or any direct, indirect, punitive, incidental, special, or consequential damages that result from the use, or inability to use, the Service, even to the event of its own negligence. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL CONTENT AND SERVICES PROVIDED TO DRIVER THROUGH THE SERVICE ARE DELIVERED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Pawzitiveshippers.com does not warrant that the Service or its server(s) are free of viruses or other harmful components that may infect or damage Driver’s computer equipment or other property as a result of Driver accessing, browsing, and/or using the Service, downloading information, or printing information through the Service.

11. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PAWZITIVESHIPPERS.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PAWZITIVESHIPPERS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OF DRIVER’S USE OF THE PAWZITIVESHIPPERS.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PAWZITIVESHIPPERS.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE PAWZITIVESHIPPERS.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PAWZITIVESHIPPERS.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PAWZITIVESHIPPERS.COM SITE OR THE SERVICE OR ANY LINKS ON THE PAWZITIVESHIPPERS.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PAWZITIVESHIPPERS.COM SITE OR THE SERVICE OR ANY LINKS ON THE PAWZITIVESHIPPERS.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to Driver.

12. INDEMNITY

Driver agrees to indemnify and hold Pawzitiveshippers.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content Driver submits, posts or makes available through the Service, Driver’s use of the Service, Driver’s violation of the Agreement, Driver’s breach of any of the representations and warranties herein, Driver’s performance [or the lack thereof] of its mandate or Driver’s violation of any rights of another.

15. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Pawzitiveshippers.com’s failure to act with respect to a breach by Driver or others does not waive its right to act with respect to subsequent or similar breaches. Pawzitive Driver reserves the right to recover damages that go beyond those provided for in the agreement and Terms of use; or receive other forms of equitable relief in lieu of, or in addition to, the liquidated damages.
(a) If Driver posts Content that
(1) impersonates any person or entity;
(2) falsely states or otherwise misrepresents Driver ‘s affiliation with a person or entity; or
(3) that includes personal or identifying information about another person or entity without that person or entity’s explicit consent, Driver agrees to pay Pawzitiveshippers.com one thousand dollars ($1,000) for each item of Content posted.
(b) If Driver posts Content in violation of the Agreement, other than as described above, Driver agrees to pay Pawzitiveshippers.com one hundred dollars ($100) for each item of Content posted. In its sole discretion, Pawzitiveshippers.com may elect to issue a warning before assessing damages. Otherwise, Driver agrees to pay Pawzitiveshippers.com’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Agreement, Pawzitiveshippers.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Agreement, or any combination thereof.

13. MODIFICATIONS TO THIS AGREEMENT

Pawzitiveshippers.com reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. Driver must review this agreement on a regular basis to keep apprised of any changes.

14. DRIVER LIABILITY

Contacting any of our users, defaming our business integrity, or making damaging statements regarding our business and services, may cause irreparable harm to our brand and identity. We will hold Driver personally liable for defamation or slander and will pursue each and every legal remedy at our disposal. Pawzitive Shippers reserves the right to recover damages that go beyond those provided for in the agreement and Terms of use; or receive other forms of equitable relief in lieu of, or in addition to, the liquidated damages.
If Driver fails to fulfill its obligations to shippers, it will be personally liable to cover the lost booking deposit fees that the shipper has sent us, plus additional fees Pawzitive Shippers feels are justified, due to the damage to Pawzitive Shipper’s reputation that Driver’s actions may have caused.
After Driver is banned and suspended from our site, Driver may not sign up to Pawzitive Shipper’s site using a different business name, or have a family member or associate sign up when it is reasonably clear that it is the same or related business entity attempting to the Pawzitive Shippers site after being suspended. Each attempt to create a new account after being suspended may subject Driver to a penalty of $1,200.
If Driver DOES sign up as a new entity on Pawzitive Shipper’s site but is clearly operating as the entity that was previously banned and suspended from the site, then the new entity will be treated the same as the original entity.
Driver agrees to review the terms and conditions of the site on a regular basis and agrees that any modifications to the terms are applicable to the Driver each time the Driver logs into the site.

15. CODE OF CONDUCT

Pawzitiveshippers.com is a platform that is welcoming to all genders, races, and persuasions and we are committed to creating an environment that is welcoming to all. If anyone using our site feels that they have been the recipient of harassment or discrimination, then please contact our customer support immediately. Shipper must submit complaints in writing to Pawzitiveshippers.com customer support. In Shipper’s complaint, Shipper should detail the specific events surrounding the violation of the code of conduct and produce any evidence in support thereof.
Our course of action is as follows:
i. Immediate suspension for 48 hours while our team investigates the issue
ii. If harassment/discrimination has occurred driver/customer is sent a written warning that this is inconsistent with our values.
iii. If a second offense occurs, we lock the account for 5 days.
iv. If a third offense occurs, we lock the account for 3 weeks.
v. If a fourth offense occurs, we close the account and ban the driver for life.
Pawzitiveshippers.com reserves the right to ban or permanently suspend accounts for any time for any reason pursuant to the Terms of Service herein.

16. GENERAL INFORMATION

The Agreement constitutes the entire agreement between Driver and Pawzitiveshippers.com and governs Driver’s use of the Service, superseding any prior agreements between Driver and Pawzitiveshippers.com. The Agreement and the relationship between Driver and Pawzitiveshippers.com shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. Driver and Pawzitiveshippers.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Lake, Florida. The failure of Pawzitiveshippers.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Driver agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.