The SPEEDSTER Platform
The SPEEDSTER Platform provides companies ("Companies") that want to ship same-day, to be matched with persons driving to or through those destinations ("Drivers"). Drivers and Companies are collectively referred to herein as "Users," and each User shall create a User account that enables access to the SPEEDSTER Platform. Each person may only create one User account, and SPEEDSTER reserves the right to shut down any additional accounts. As a User, you authorize SPEEDSTER to match you with a Driver or Company shipment based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the driving services provided by Drivers to Companies that are matched through the Platform shall be referred to collectively as the "Services". Any decision by a User to offer or accept Services is a decision made in such User's sole discretion. Each transportation Service provided by a Driver to a Company shall constitute a separate agreement between such persons.
Modification to the Agreement
In the event SPEEDSTER modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. SPEEDSTER reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the SPEEDSTER Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The SPEEDSTER Platform may only be used by individuals who can form legally binding contracts under applicable law. The SPEEDSTER Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
As a Company, you understand that request or use of the Services may result in charges to you ("Charges"). Charges include Fares and other applicable fees, tolls, surcharges. SPEEDSTER has the authority and reserves the right to determine and modify pricing for a specific ride at the time you make a request. Pricing may vary based on the type of service & speed you request.
Fees. Companies are charaged a fee to ship.
- Shipment fees. Shipment fees consist of a base charge and incremental charges based on the duration and distance of the route. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver's phone & current traffic conditions to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
Fees and Other Charges.
- Service Fee. Each ride includes a 10% service fee.
- Cancellation Fee. You are charged for your shipment upon confirmation. Don't submit a shipment request unless you are serious about shipping your item.
- Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc.). SPEEDSTER may replace its third-party payment processing services without notice to you. Charges shall only be made through the SPEEDSTER Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to SPEEDSTER satisfies your payment obligation for your use of the SPEEDSTER Platform and Services.
- No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the SPEEDSTER Platform, any disruption to the SPEEDSTER Platform or Services, or any other reason whatsoever.
- Credit Card Authorization. Upon addition of a new payment method or each ride request, SPEEDSTER may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank's next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
If you are a Driver, you will receive 90% of the fees associated with a shipment.
By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from SPEEDSTER, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the SPEEDSTER Platform or Services, updates concerning new and existing features on the SPEEDSTER Platform, communications concerning promotions run by us or our third-party partners, and news concerning SPEEDSTER and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.
With respect to your use of the SPEEDSTER Platform and your participation in the Services, you agree that you will not:
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the SPEEDSTER Platform or the servers or networks connected to the SPEEDSTER Platform;
- post Information or interact on the SPEEDSTER Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- use the SPEEDSTER Platform in any way that infringes any third party's rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the SPEEDSTER Platform;
- "frame" or "mirror" any part of the SPEEDSTER Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the SPEEDSTER Platform or any software used on or for the SPEEDSTER Platform;
- rent, lease, lend, sell, redistribute, license or sublicense the SPEEDSTER Platform or access to any portion of the SPEEDSTER Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the SPEEDSTER Platform or its contents;
- link directly or indirectly to any other web sites;
- transfer or sell your User account, password and/or identification to any other party
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
- cause any third party to engage in the restricted activities above.
Driver Representations, Warranties and Agreements
By providing Services as a Driver on the SPEEDSTER Platform, you represent, warrant, and agree that:
- You possess a valid driver's license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Companies in all jurisdictions in which you provide Services.
- You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the SPEEDSTER community or third parties.
- You will only provide Services using the vehicle that has been reported to, and approved by SPEEDSTER, and for which a photograph has been provided to SPEEDSTER, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
- You will not, while providing the Services, operate as a public or common carrier or taxi service, accept street hails, charge for shipping (except as expressly provided in this Agreement), demand that a Company pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will not attempt to defraud SPEEDSTER or Companies on the SPEEDSTER Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question.
- You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
All intellectual property rights in the SPEEDSTER Platform shall be owned by SPEEDSTER absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the SPEEDSTER Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information ("Submissions") provided by you to us are non-confidential and shall become the sole property of SPEEDSTER. SPEEDSTER shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
SPEEDSTER and other SPEEDSTER logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of SPEEDSTER in the United States and/or other countries (collectively, the "SPEEDSTER Marks"). If you provide Services as a Driver, SPEEDSTER grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the SPEEDSTER Marks solely in connection with providing the Services through the SPEEDSTER Platform ("License"). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without SPEEDSTER's prior written permission, which it may withhold in its sole discretion. The SPEEDSTER Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that SPEEDSTER is the owner and licensor of the SPEEDSTER Marks, including all goodwill associated therewith, and that your use of the SPEEDSTER Marks will confer no additional interest in or ownership of the SPEEDSTER Marks in you but rather inures to the benefit of SPEEDSTER. You agree to use the SPEEDSTER Marks strictly in accordance with SPEEDSTER's Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that SPEEDSTER determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the SPEEDSTER Marks or any derivatives of the SPEEDSTER Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by SPEEDSTER in writing; (2) use the SPEEDSTER Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the SPEEDSTER Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair SPEEDSTER's rights as owner of the SPEEDSTER Marks or the legality and/or enforceability of the SPEEDSTER Marks, including, challenging or opposing SPEEDSTER's ownership in the SPEEDSTER Marks; (4) apply for trademark registration or renewal of trademark registration of any of the SPEEDSTER Marks, any derivative of the SPEEDSTER Marks, any combination of the SPEEDSTER Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the SPEEDSTER Marks; (5) use the SPEEDSTER Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in SPEEDSTER's sole discretion. If you create any materials bearing the SPEEDSTER Marks (in violation of this Agreement or otherwise), you agree that upon their creation SPEEDSTER exclusively owns all right, title and interest in and to such materials, including any modifications to the SPEEDSTER Marks or derivative works based on the SPEEDSTER Marks. You further agree to assign any interest or right you may have in such materials to SPEEDSTER, and to provide information and execute any documents as reasonably requested by SPEEDSTER to enable SPEEDSTER to formalize such assignment.
SPEEDSTER respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the SPEEDSTER Platform or Services infringe upon your copyrights.
The following disclaimers are made on behalf of SPEEDSTER, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
SPEEDSTER does not provide transportation services, and SPEEDSTER is not a transportation carrier. SPEEDSTER is not a common carrier or public carrier. It is up to the Driver to decide whether or not to ship for a Company contacted through the SPEEDSTER Platform, and it is up to the Company to decide whether or not to ship with any Driver contacted through the SPEEDSTER Platform. We cannot ensure that a Driver or Company will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
The SPEEDSTER Platform is provided on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the SPEEDSTER Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the SPEEDSTER Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the SPEEDSTER Platform will be corrected, or that the SPEEDSTER Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the SPEEDSTER Platform or Services.
We cannot guarantee that each Company is who he or she claims to be. Please use common sense when using the SPEEDSTER Platform and Services, including looking at the photos of the Driver or Company you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the SPEEDSTER Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Company prior to engaging in an arranged shipping service.
SPEEDSTER is not responsible for the conduct, whether online or offline, of any User of the SPEEDSTER Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Companies. By using the SPEEDSTER Platform and participating in the Services, you agree to accept such risks and agree that SPEEDSTER is not responsible for the acts or omissions of Users on the SPEEDSTER Platform or participating in the Services.
You are responsible for the use of your User account and SPEEDSTER expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the SPEEDSTER Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the SPEEDSTER Platform or through the Services. Please carefully select the type of information that you post on the SPEEDSTER Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or "hackers").
Opinions, advice, statements, offers, or other information or content concerning SPEEDSTER or made available through the SPEEDSTER Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the SPEEDSTER Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the SPEEDSTER Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the SPEEDSTER Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither SPEEDSTER, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the SPEEDSTER Platform. Any of your Information, including geolocational data, you upload, provide, or post on the SPEEDSTER Platform may be accessible to SPEEDSTER and certain Users of the SPEEDSTER Platform.
SPEEDSTER advises you to use the SPEEDSTER Platform with a data plan with unlimited or very high data usage limits, and SPEEDSTER shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the SPEEDSTER Platform.
You will defend, indemnify, and hold SPEEDSTER including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the SPEEDSTER Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Companies, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the SPEEDSTER Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
In no event will SPEEDSTER, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively "SPEEDSTER" for purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the SPEEDSTER Platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the SPEEDSTER Platform, the Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. The SPEEDSTER Platform may be used by you to request and schedule transportation, goods, or other services with third party providers, but you agree that SPEEDSTER has no responsibility or liability to you related to any transportation, goods or other services provided to you by third party providers other than as expressly set forth in this agreement. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days' prior written notice to SPEEDSTER; or b) by either Party immediately, without notice, upon the other Party's material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, SPEEDSTER may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below SPEEDSTER's star rating or cancellation threshold; (3) SPEEDSTER has the good faith belief that such action is necessary to protect the safety of the SPEEDSTER community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to SPEEDSTER's reasonable satisfaction prior to SPEEDSTER permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to SPEEDSTER's satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to SPEEDSTER's business, operations and properties, information about a User made available to you in connection with such User's use of the Platform, which may include the User's name, pick-up location, contact information and photo ("Confidential Information") disclosed to you by SPEEDSTER for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of SPEEDSTER in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to SPEEDSTER with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by SPEEDSTER or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of SPEEDSTER; becomes known to you, without restriction, from a source other than SPEEDSTER without breach of this Agreement by you and otherwise not in violation of SPEEDSTER's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to SPEEDSTER to enable SPEEDSTER to seek a protective order or otherwise prevent or restrict such disclosure.
Relationship with SPEEDSTER
As a Driver on the SPEEDSTER Platform, you acknowledge and agree that you and SPEEDSTER are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and SPEEDSTER expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and SPEEDSTER; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind SPEEDSTER, and you undertake not to hold yourself out as an employee, agent or authorized representative of SPEEDSTER.
SPEEDSTER does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the SPEEDSTER Platform. You retain the option to accept or to decline or ignore a Company's request for Services via the SPEEDSTER Platform, or to cancel an accepted request for Services via the SPEEDSTER Platform, subject to SPEEDSTER's then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, SPEEDSTER shall have no right to require you to: (a) display SPEEDSTER's names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying SPEEDSTER's names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
This Agreement shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non- Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by SPEEDSTER, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to SPEEDSTER shall be given by certified mail, postage prepaid and return receipt requested to SPEEDSTER, Inc., 1638 N. San Fernando Blvd, Unit 101, Burbank, CA 92504. Any notices to you shall be provided to you through the SPEEDSTER Platform or given to you via the email address or physical you provide to SPEEDSTER during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words "include", "includes" and "including" are deemed to be followed by the words "without limitation". A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and SPEEDSTER with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the SPEEDSTER Platform or Services, please contact us via email.