This Gozova Services Agreement, ("Agreement") governs the services (the “Services,” as more fully defined below in Section 3) made available by Gozova.
THIS IS A CONTRACTUAL RELATIONSHIP. PLEASE READ THIS AGREEMENT CAREFULLY, AS THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GOZOVA.
When you use the Services, you consent to be bound by the terms of this Agreement. You may not use the Services unless you consent to be bound by the terms of this Agreement. This Agreement expressly supersedes prior or future, written or verbal, agreements or arrangements between you and Gozova.
Gozova reserves the right to refuse services to any individual or entity for any reason and may immediately terminate any Services contemplated hereunder.
Supplemental or additional terms may apply to certain Services. These terms will be provided to you through the Master Transport Console or any other Gozova technology platform and are governed by this Agreement. In the event of any conflict between any written or verbal terms and the terms contained within this Agreement, the terms of this Agreement will prevail.
Gozova may amend this Services Agreement at any time. Any new or additional terms become effective when those terms appear on the Master Transport Console or any other Gozova technology platform. Continued use of the Gozova Services after the terms of this Services Agreement are updated indicates the consent to be bound by the Services Agreement. The terms contained within any amended Services Agreement will control. When you use the Services, you acknowledge and understand that you are disclosing certain information to Gozova that may be confidential or proprietary and that information will be used by Gozova to perform the Services or otherwise used in the business of Gozova. Without limitation, Gozova shall own all right, title and interest in the information used in the business of Gozova. Including any information that Gozova may derive or otherwise create that was originally obtained from providing the Services. Gozova shall own and retain all rights, title and interest in all services or software. In addition, Gozova shall own all technology used to provide the Services and any applications, inventions or other technology developed in connection with the business of Gozova and all intellectual property rights related to any of the foregoing.
ANY DISPUTE ARISING WITH RESPECT TO ANY SERVICES OR OTHER ACTION OR INACTION OF GOZOVA MUST BE SUBMITTED TO FINAL AND BINDING ARBITRATION CONDUCTED BY THE TRANSPORTATION ADR COUNCIL OF THE TRANSPORTATION LAWYERS ASSOCIATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. By using the Services, you have agreed to waive your right to assert any cause of action in a court of law and you acknowledge that any rate, price, quote or other consideration is dependent upon your agreement to resolve any dispute through binding arbitration. This will preclude you from bringing any class, collective, or representative action against GOZOVA, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against GOZOVA by someone else. Choice of Law and Choice of Venue. You agree that this Gozova Services Agreement, the Services, or any dispute whatsoever, relating to the work of Gozova is to be determined under the laws of the State of Texas. You consent to the venue of Tarrant County, Texas, for the resolution of any dispute arising hereunder. Arbitrator's Decision. The Arbitrator will render an award that may be entered and enforced in any court having competent jurisdiction to do so. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, only to the extent provided under applicable law. Severability and Survival. If any portion of this Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed; and, (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis.
The Services comprise all actions or work done by Gozova through the Master Transport Console or otherwise, which enables users to arrange and schedule various transportation, logistics, handling, delivery or other services.
Gozova is a licensed property broker and you understand and acknowledge that Gozova has only assumed the rights and responsibilities of licensed property broker. Any use or misuse of the name or capacity of Gozova will not determine Gozova’s status as a licensed property broker.
You understand and acknowledge that Gozova uses third party, independent contractors to provide the Services to you. Gozova does not control the manner or means that the independent contractor performs the Services.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES DOES NOT ESTABLISH GOZOVA AS A PROVIDER OF TRANSPORTATION, HANDLING, LOGISTICS OR DELIVERY SERVICES OR AS A MOTOR CARRIER. License. Subject to your compliance with these Terms, GOZOVA grants you a limited, non-exclusive, revocable, non-transferable license to: (i) access and use the Master Transport Console on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by GOZOVA and GOZOVA's licensors.
User Accounts. In order to use most aspects of the Services, you must register for and maintain an active account ("Account"). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Gozova certain personal information, not limited to your name, address, email address, mobile phone number and a valid payment method supported by Gozova. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You consent to the receipt of any notice required by this Agreement at the information provided by you. You are responsible for all activity that occurs under your Account, and you agree to maintain the confidentiality, security and secrecy of your Account username and password at all times. You are the only authorized user of your Account and you may not authorize third parties to use your Account.
User Requirements and Conduct.
You warrant and represent that before requesting all Services that all items are properly labeled and packaged to withstand the rigors of transport and positioned for access by individuals performing the Services. Any additional work that is required to make any item ready for transport is available to you at an additional cost.
You warrant and represent that you have the complete ownership, right, title and interest in any property transported pursuant to the Gozova Services Agreement that is necessary to contract for the Services provided to you by Gozova. The Services may only be used for a lawful purpose and not for transportation of any illegal or hazardous item(s). YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GOZOVA AND ITS AGENTS OR EMPLOYEES FROM ANY CLAIM, LAWSUIT, DEMAND OR LEGAL ACTION THAT ALLEGES TRANSPORTATION SERVICES WERE PROVIDED CONTRARY TO ANY LAW OR REGULATION OR THAT WERE PROVIDED ADVERSE TO THE RIGHTS OF ANY OWNER OR OTHER PARTY WITH A FINANCIAL OR OWNERSHIP INTEREST IN ANY PROPERTY TRANSPORTED HEREUNDER.
Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Gozova does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You consent and agree to pay for all Services provided to you or through your account. All Charges and payments will be enabled by Gozova using the preferred payment method designated in your Account. All charges paid by you are final and non-refundable, unless otherwise determined by Gozova. Payment for the Services is due immediately. Gozova will provide proof of delivery only if practicable and only when requested. However, a proof of delivery does not affect your responsibility for payment. Gozova reserves the right to establish, remove and/or revise charges, costs or fees for any or all Services at any time in Gozova's sole discretion. You are responsible for all charges, costs or fees incurred under your Account regardless of your awareness of such charges, costs or fees or the amounts thereof. Regardless of any terms in the Gozova Master Transport Console, it is only Gozova that has the exclusive right to collect and distribute any charges, costs or fees as it sees fit.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." GOZOVA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GOZOVA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES, INDIVIDUALS OR EQUIPMENT REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GOZOVA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF AGENTS OR THIRD-PARTY PROVIDERS WHO PERFORM THE SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
GOZOVA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF GOZOVA OR AGENTS, AFFILIATES OR EMPLOYEES OF GOZOVA, EVEN IF GOZOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GOZOVA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF GOZOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOZOVA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GOZOVA'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER LOGISTICS, OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT GOZOVA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH BELOW.
GOZOVA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON GOZOVA’S CHOICE OF LAW PROVISION SET FORTH ABOVE.
Gozova refuses to transport any item of extraordinary value. The Parties agree that the cost of all services performed by Gozova is dependent on an agreed value of $.50 per pound for any item transported, stored or otherwise handled on your behalf. Any item with a value in excess of $.50 per pound is considered to be of extraordinary value. If you seek to use the Services for items of extradentary value, then you must make a written request prior to the provision of Services for an increase in the liability of Gozova up to no more than $1.00 per pound. You agree that the value of any item of extraordinary value is no more than $100.
For any alleged damage to property that was not subject to transportation or logistics services by Gozova, its agents, affiliates or employees, your ability to recover from Gozova is capped and limited at no more than the cost of the Services provided to you from which you allege the damage occurred.
The time limit to assert any claim arising from the Services is nine-months from the day following when the Services were provided to you.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD GOZOVA AND ITS AGENTS, EMPLOYEES, AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES), ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE SERVICES OR SERVICES OR GOODS OBTAINED THROUGH YOUR USE OF THE SERVICES; (II) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS; (III) GOZOVA'S USE OF YOUR USER CONTENT; OR (IV) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING THIRD PARTY PROVIDERS.
General. You may not assign any right or obligation without the prior written consent of Gozova. However, Gozova may assign any right or obligation under this Agreement without your consent. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Gozova or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Gozova's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gozova in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.