onGait.com PerfectTrip User Agreement
This document describes the terms with which onGait.com PerfectTrip
offers you access to our services. This Agreement describes the terms and
conditions applicable to your use of our services available under the onGait.com
PerfectTrip.com domain, sub-domains, other onGait.com PerfectTrip Powered Sites.
Once you accept the terms and conditions of this Agreement, you hereby agree
and acknowledge that at anytime and in our sole discretion, we may effectively
modify the terms and conditions of this Agreement by posting the modified
Agreement with its new terms and conditions on the onGait.com website. onGait.com
PerfectTrip will make a good faith effort to notify all users of material
changes made to this Agreement and the date in which such changes take effect.
Notice of such changes will be posted to the onGait.com website and in some
cases a notice will be emailed to you directly. All modified terms and
conditions shall take effect immediately after posting to the onGait.com website,
or upon the stated date included within the announcement. You agree and consent
to any and all modified terms and conditions hereunder. This Agreement may not
be modified, amended, and/or changed by you in any manner. Furthermore, you
agree that we may modify this Agreement or discontinue our service at anytime
and without notice and without any liability or responsibility to you. This agreement
is effective on August 22nd, 2014 for all users.
1. onGait.com PerfectTrip is a Neutral Venue. onGait.com PerfectTrip is not a transportation service provider, broker or freight forwarder. Our site acts as a venue where shipping customers can meet and enter into agreements. We are not involved in the actual transaction between shipping customers. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. onGait.com PerfectTrip does not prequalify or validate the claims of shippers including with respect to their licensure, insurance and registration. We, our website, functions solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other users of our website. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of onGait.com users to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of onGait.com users to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between shipping customers, we have no control over the accuracy of listings, the ability of our users to transport items, or the ability of shipping customers to send items. We cannot ensure that our users will actually complete a shipment. You also agree that you can form legally binding contracts under applicable law. Our services are not available to temporarily or indefinitely suspended onGait.com PerfectTrip users. You acknowledge that you are at least 18 years of age. 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 website is for services only and that work that you provide will only involve services. You agree that you will not use your participation in the onGait.com PerfectTrip website as a means to sell or market any types of goods or products, unless specifically allowed by onGait.com PerfectTrip.
2. Other Terms and Conditions. You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the website at various places throughout the website and . You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern.
3. Fees. The cost to accept a ride or provide a ride to onGait.com PerfectTrip is $30 per horse.
You are responsible for all actions taken with your username and password, including fees. We recommend that you not disclose your onGait.com PerfectTrip password or any account sensitive information to any third parties.
4. Chargebacks. Unwarranted chargebacks initiated by onGait.com PerfectTrip users against onGait.com PerfectTrip are prohibited and will result in the suspension of your onGait.com PerfectTrip account, and may result in onGait.com PerfectTrip pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a collections agency. In the event that shipping services were not performed, all onGait.com users must abide by the onGait.com PerfectTrip Cancellation Policy described in Section ????? of this agreement.
There are situations where a chargeback may be warranted, such as when a card holder feels that their card has been charged fraudulently and/or there is a discrepancy with the billed amount. Prior to any chargeback initiation, onGait.com PerfectTrip must be notified by the card holder so that onGait.com PerfectTrip may investigate the claim to determine if a chargeback is appropriate. A chargeback may not be filed as a replacement, or an addition to, a cancellation of a onGait.com PerfectTrip transaction.
If an unwarranted chargeback of the shipping customer payment is initiated and accepted by the credit card processor or other entity, onGait.com PerfectTrip reserves the right to charge the user for any costs associated with the chargeback. This deposit represents a portion of the total match price and is credited to the user’s onGait.com PerfectTrip account to offset any match fees. If a chargeback is accepted, the user becomes responsible for that invoiced amount.
onGait.com PerfectTrip is not responsible for any monetary disputes that reside with the parties. It is the responsibility of both parties to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of onGait.com PerfectTrip.
5. Unpaid Fees. If, for any reason, any fees have not been received or in any manner realized by onGait.com PerfectTrip on matches that have been completed by you for the services and any additional services performed by you ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. If in any billing period, we are not able to collect Unpaid Fees from your account through Pending Payments or your payment method on file the full amount owed us we reserve the right to charge your payment method on file for fees associated with specific matches or transactions that occurred on our site If in any billing period, we are not able to collect Unpaid Fees from your account through Pending Payments or your payment method on file, onGait.com PerfectTrip may charge your account a penalty of $15.00 if the payment owed is 30 days past due, $25.00 if the payment owed is 60 days past due, and $50.00 if the payment owed is 90 days past due.
In addition, onGait.com PerfectTrip may charge interest, in the amount of 1.5% per month or fraction thereof, on any unpaid account balance that you maintain. Any partial payments made to onGait.com users’ account balances will first be applied to the most recent fees owed us. If at any time after 30 days we cannot collect any fees owed to us, we may suspend or terminate your account. onGait.com PerfectTrip reserves the right to waive or change our fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us to in our sole discretion make appropriate reports to 3rd party credit collection agencies, credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
6. Cancellations and Account Credits. A “Cancellation” occurs when either party has to cancel AFTER an agreement was made on onGait.com PerfectTrip but BEFORE any services are performed. After a agreement is accepted and the two parties communicate directly, occasionally one or both of the parties determine that they cannot complete the transaction. 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 onGait.com PerfectTrip will not be performed. When you request a cancellation, the other party will be notified and will have 12 hours to respond by either:
a) accepting the cancellation and your reason;
b) accepting the cancellation but providing their own reason and/or comments; or
c) disputing the reason for cancellation and requesting review by onGait.com PerfectTrip staff.
If your Request for Cancellation is accepted by the other party, the ride will be cancelled and the shipment can either be relisted or deleted. If your Request is disputed by the other member, then the Request will be sent to onGait.com PerfectTrip and a determination will be made on allowing or not allowing the Cancellation. If the other party does not respond within the 72 hour period, the cancellation and reason will be automatically accepted (Case a).
onGait.com PerfectTrip takes abuse of the Cancellation process seriously. This includes submitting false or exaggerated reasons, attempting to cancel rides that have already occurred or are expected to occur, or colluding with other onGait.com users to abuse the process. A member that is found to be abusing the process will automatically have their cancellation request denied, may be subject to additional fees and penalties, and may have their account immediately suspended or deleted.
7. No Agency. You hereby agree and acknowledge that
your execution of this Agreement, your provision of services and/or your use of
the onGait.com PerfectTrip website, does not confer or imply any contractor
(independent or otherwise), agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship with us and furthermore that no
affiliation, association or connection exists between you and us.
8. Release. Should you have a dispute with one or more onGait.com PerfectTrip users, you release onGait.com PerfectTrip, Inc., its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
9. Shipping. As a shipping customer, you are obligated to complete the transaction with the shipper if you accept the shipper’s bid, unless the transaction is prohibited by law or by this Agreement. By accepting a shipper’s offer, you agree to be bound by the conditions of the bid included in the bid details so long as those trip details are not in violation of this Agreement or unlawful. Acceptance generally is not retractable unless: (1) the shipper materially changes the bid details after your acceptance; (2) a typographical error is made; or (3) you cannot authenticate the shipper's identity or credentials. The shipper reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. NOTE:: onGait.com PerfectTrip does not screen or qualify shippers for compliance with federal, state or local laws and regulations. It is recommended that you confirm such compliance directly with the shipper before services are rendered by the shipper.
10. Transportation. You must legally be able to transport the shipments you agreed to. 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. You must describe your offer and all terms of your services on the bid submittal form on our site. You acknowledge that the onGait.com PerfectTrip website exists for onGait.com users to make a fully informed decision about your bids, services offering, policies and procedures. Therefore, you shall disclose to every member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. In the event, that you charge "extra fees" (and we are made aware of this fact), onGait.com PerfectTrip reserves the right to suspend or cancel your account at our sole discretion. Your bid may only include content relevant to the description of your transportation services. If you bid on any shipment and your bid is accepted by the shipping customer, you are obligated to perform the services offered in your bid at the accepted bid price. You authorize onGait.com PerfectTrip to charge the onGait.com PerfectTrip fee to your credit card when the shipping customer accepts your bid.
11. Information You Submit. You solely are responsible for any information you provide to us or other users in the registration, shipping, or transportation process. Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other onGait.com users for the purpose of bypassing onGait.com PerfectTrip transaction fees. Information may not contain any viruses or other malware that may damage or interfere with our website and . Furthermore, you may not list any shipment or trip on our site that, by paying to us a match fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our Prohibited Items terms. You authorize onGait.com PerfectTrip to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website and acts 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 website and that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website and acts as a passive conduit for any of your on line communication or distribution of content or information.
Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
• Will not violate any international, federal or state law, regulation, rule, or statute;
• Will not violate the terms of this Agreement;
• Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;
• Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
• Will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about onGait.com PerfectTrip employees, agents, other onGait.com users, or the marketplace itself;
• Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our website, operation of any of our systems and or create or impose a large burden or load on our website or ;
• Will not scan or test the vulnerability or security of our website, or the system within which it operates;
• Will not be used for commercial or public purposes outside of the requirements of this Agreement;
• Will not create liability for us in any manner whatsoever;
• Will not frame or link to our website without our written permission; and
• Will not involve the upload, or insertion of, any programming language or code into or onto our website.
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
12. Fraud. onGait.com PerfectTrip may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our site. OnGait.com users may not manipulate the bid prices for any shipment or interfere with other onGait.com users' listings or transactions. Other fraudulent acts include:
YOU SHALL NOT
• Charge to, or in any way attempt to collect from onGait.com
users, as an additional charge to the total amount agreed upon for the
services, the onGait.com PerfectTrip Fee, or;
• Charge onGait.com users a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on the onGait.com PerfectTrip website (given that the particulars of the service requested are materially the same as those requested on the onGait.com PerfectTrip website). Your accepted bid price must include ANY and ALL charges, including any taxes, fees, etc.;
• Cause another person or entity to engage in any conduct, act or behavior intended or designed to circumvent or avoid, in any manner, our right to the onGait.com listing fee;
• Enter into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a member, that circumvents or avoids our right to a listing fee;
• Communicate or correspond, whether by written, verbal, or electronic means, with a member, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a listing fee.
13. Right to Reject or Remove Users. We reserve the absolute right to reject your participation, or remove you from your current participation, in the onGait.com PerfectTrip program at any time and for any reason or for no reason and without notice to you. An event that may result in the rejection or removal of Your participation can include but is not limited to: any circumvention of the onGait.com PerfectTrip marketplace by you or by others at your direction; Your creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or partners.
14. Petition for Reinstatement. Upon your removal from the onGait.com PerfectTrip website, you may petition for reinstatement. Your petition for reinstatement must include the following:
a) A written statement as to why you should be reinstated
b) Your contact information; your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate You. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
15. Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
16. Taxes. You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site.
17. Record Keeping/Audit. We reserve the right to keep all records of any and all transactions and communications between you and other onGait.com users for administration purposes.
18. Non-solicitation. During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our onGait.com users.
19. No Felony Convictions. You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.
20. Identity Verification. We use techniques to help
verify the identity of users when they register on our website through the onGait.com
domain; however, onGait.com PerfectTrip cannot and will not confirm each
Service Provider's identity.
21. Remedies. Remedies for use of our website that violate this agreement include, but are not limited to, the immediate removal your shipment or trip listings, notifying our onGait.com users of your actions, issuing a warning, temporarily suspending your onGait.com usership, terminating your onGait.com usership, and refusing to provide our services to you.
22. No Warranty. onGait.com PerfectTrip, our employees, and our suppliers provide services without any warranty or express, implied or statutory conditions. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
23. Limited Liability. We try to keep onGait.com PerfectTrip and its sites, services, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, or tools. You further acknowledge that operation of and access to our sites, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our sites, services, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold onGait.com PerfectTrip responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
• Your use of or your inability to use our sites, services and tools;
• Delays or disruptions in our sites, services, or tools;
• Viruses or other malicious software obtained by accessing our sites, services, or tools or any site, services, or tool linked to our sites, services, or tools;
• Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, and tools or in the information and graphics obtained from them;
• The content, actions, or inactions of third parties, including items listed using our sites, services, or tools or the destruction of allegedly fake items;
• A suspension or other action taken with respect to your account;
• Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
24. Indemnity. You agree to indemnify and hold us and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.
25. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
26. Arbitration. Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by onGait.com PerfectTrip to collect our fees and/or recover damages for, or obtain an injunction relating to, the onGait.com PerfectTrip site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Palm Beach County, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
27. Dispute Resolution. Disputes between you and onGait.com PerfectTrip regarding our services should be reported to onGait.com. We will attempt to resolve any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and onGait.com users regarding services. If you report a dispute to onGait.com, we will make every effort to help both parties communicate; however, all disputes must be resolved directly between you and onGait.com users. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services 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 customer and you agree to release us from any and all liability associated therewith. We encourage you to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity. We do not specifically endorse any such third party 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.
28. Protection of Intellectual Property Content. The onGait.com PerfectTrip website and contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML 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 this website including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website and does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, 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.
29. Security. onGait.com PerfectTrip uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website can be interrupted by numerous factors outside of our control.
30. Governing Law. THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
31. General. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.