Vship LLC Terms and Conditions

1. Introduction

Welcome to the Vship LLC website (www.vship.app) and all the content, tools, applications (including mobile applications), and services available through it (collectively, the "Vship Site"). The Vship Site is referred to herein as the “Vship Site” or “Site.” As used herein, (i) "you" or "your" refers to you as a user of the Site; (ii) "Vship", "we", or "us" refers to Vship LLC; and (iii) "Terms of Use" refers to these Terms of Use, together with any other notices, policies, disclaimers, or restrictions posted by us on the Site.

2. Authorized Use of the Site

Use of the Site is restricted to authorized users only. Unauthorized use of the Site, including unauthorized entry, misuse of passwords, or misuse of any information within the Site, is strictly prohibited. By using your login ID and password (collectively, “Logon Credentials”) on the Site, you represent that:

Account Owners and Account Users will be referred to as "Members," and their status as Members will be referred to as "Membership." These Terms of Use are legally binding and have the same effect as a signed, written agreement. Account Owners are responsible for all acts or omissions of their Account Users on the Site and must ensure that Account Users have agreed to be bound by these Terms of Use before granting them Logon Credentials. If an Account Owner shares their Logon Credentials, they are responsible for all acts or omissions of the person using them.

3. Member Responsibilities

Carrier Members

If you are a Carrier Member, you agree to:

Shipper Members

If you are a Shipper Member, you agree to:

General Responsibilities

4. Member Registration

When registering as a Member, you agree to:

5. Intellectual Property

6. Updates and Modifications

We reserve the right to modify these Terms at any time. It is your responsibility to regularly check for updates. Continued use of the Platform constitutes acceptance of any modified Terms.

7. Code of Conduct

While using the Platform, you agree to:

8. Relationships with Other Members

9. Fees and Payment

10. Indemnification

You shall indemnify, defend, and hold harmless Vship LLC and its affiliates, partners, suppliers, and licensors, and each of their respective officers, directors, agents, and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following:

These obligations will survive any termination of the Agreement.

11. Limitation of Liability

Vship LLC is not liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages, whether based in contract, tort, or otherwise, arising out of or relating in any way to the Site, the services or materials available on the Site, or reliance on any information, materials, or results provided to or received through the Site. Your sole remedy for dissatisfaction with the Site and/or Site-related services, applications, materials, or information is to stop using the Site and/or those services, applications, materials, or information.

12. Arbitration and Class Waiver

Arbitration: Any disputes arising out of or relating to these Terms, the Site, or the services provided by Vship LLC will be resolved through binding arbitration administered by a reputable arbitration organization. The arbitration will be conducted in accordance with the rules of the selected arbitration organization, and judgment on the arbitration award may be entered in any court having jurisdiction.

Class Waiver: All claims and disputes must be arbitrated on an individual basis. This means that you and Vship LLC waive the right to participate in a class action lawsuit or class-wide arbitration.

Notice and Informal Resolution: Before initiating arbitration, you must first send a written notice to Vship LLC at support@vship.app. You and Vship LLC agree to attempt to resolve the dispute informally within 60 days of receiving the notice. If the dispute cannot be resolved informally, either party may then proceed to initiate arbitration.

Location: The arbitration will take place in a mutually agreed location. If the parties cannot agree, the arbitration will be conducted in the state of your primary residence.

Right to Opt-Out: You have the right to opt-out of this arbitration clause, but only if you notify Vship LLC in writing at support@vship.app within two weeks (14 days) of first accepting these Terms and before performing any transactions or using the Site to post loads, book loads, or utilize any functionality. Your opt-out notice must include your name, address, phone number, email address, and a clear statement that you wish to opt-out of this arbitration clause. Please note that opting out of this arbitration clause may result in Vship LLC determining that you are not eligible to use certain services or features of the Site.

Severability: If any portion of this arbitration clause is found to be unenforceable or illegal, the remaining portions will remain in effect, except that if the class action waiver is found to be unenforceable, the entire arbitration clause will be null and void.

13. Informal Resolution

You and Vship LLC agree that good-faith informal efforts to resolve disputes often result in a prompt, low-cost, and mutually beneficial outcome. Before either party demands arbitration, we agree to meet and confer in good faith via telephone or videoconference to resolve any claim informally. If you are represented by counsel, your counsel may participate, but you must also personally participate. The initiating party must notify the other in writing of its intent to initiate an informal dispute resolution conference. This conference must occur within 60 days of such notice unless mutually agreed otherwise. To notify Vship LLC, email support@vship.app with your name, telephone number, email address, and a description of your claim. The statute of limitations and any filing fee deadlines are tolled during this informal resolution process. This process is required before commencing arbitration.

14. Disputes & Feedback

You agree to follow Vship LLC’s Code of Conduct and comply with all written and verbal requirements, including policies, guidelines, and instructions, in a timely manner. As part of using our services, you agree to provide feedback to other customers and receive feedback from them. In case of a dispute with another customer, you agree to provide requested documents, information, and responses promptly. Failure to comply with these terms may result in suspension or termination of your account, and any outstanding amounts owed to Vship LLC will become due immediately.

15. Compliance and Credential Restrictions

Should Vship LLC become aware of a lapse in your licensing, insurance, authority, or other credentials, your account may be restricted immediately, with or without notice, until such credentials are reinstated.

16. Jurisdictional Issues

The Platform is directed to individuals residing in the United States. Use of the Platform from outside the United States is at your own risk.

17. Termination and Suspension

We may terminate or suspend your access to the Platform at any time, with or without cause, and without prior notice.