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TERMS AND CONDITIONS – CUSTOMER

Last Updated: August 17th, 2018

1. CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within the United States and its territories and possessions of applications, websites, content, products, and services (the “Services”) made available in the United States and its territories and possessions by Same Day Pickup App by American Auto Shipping and its Licensing Partners, hereon  known as “Sameday”. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Sameday.. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Sameday may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Sameday may amend the Terms related to the Services from time to time. Amendments will be effective upon Sameday’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in Sameday’s Privacy Policy located at samedaypickupapp.com/legal.

2. THE SERVICES

The Services constitute a technology platform that enables users of Sameday’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with Sameday or certain of Sameday’s affiliates (“Carriers”). Unless otherwise agreed by Sameday in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT Sameday DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER. Same Day Pickup App by American Auto Shipping holds a Federal Broker’s license MC#934235, to only Arrange Transportation.

Sameday agrees to have vehicle(s) described in quotation shipped on or about the dates requested. Sameday will find a licensed Carrier to fulfill the terms and conditions of this agreement.

Carrier’s responsibility begins when the shipper or his agent signs the bill of lading at pickup, and terminates when the shipper or his agent signs the bill of lading at delivery.

All delivery dates are estimates only. Sameday does not agree or commit to transport the vehicle(s) in time for any particular date or event and will not be responsible for any loss or damage resulting from any delay. NO EXPRESS OR IMPLIED WARRANTIES ARE MADE WITH RESPECT TO DELIVERY TIMES OR DATES.

Sameday hereby notifies you that your vehicle will be driven on and off the carrier, or to and from the carrier at the pickup or delivery site. Should the carrier be unable to access either site, this does not relieve the customer from making a reasonable effort to meet the truck at a suitable location. In order to fully deliver your vehicle you must be willing to travel up to 5 miles from the designated pickup or delivery point.

Customer shall prepare the vehicle(s) for transport by removing or properly securing all batteries, loose parts, fragile or protruding accessories, low hanging spoilers, antennae and other similar items. The Customer shall disarm any vehicle alarm system and provide Sameday’s assigned carrier with any tools or keys necessary to disarm the system if activated. If the alarm system is activated during the transport of the vehicle, Sameday or its assigned carrier may deactivate the alarm system by any means that it or the transport driver deems reasonable and effective. Customer releases any claims for damages that are caused by Customer’s failure to fulfill these obligations.

Should vehicle(s) become inoperable during transport, $150.00 will be due at time of delivery in addition to any other moneys owed. It is shipper’s responsibility to make sure vehicle is in proper working order. Problems, such as but not limited to, a dead battery, bad alternator, loose cables, etc that makes the vehicle inoperable during transport will increase the transport price by $150.00.

Sameday or its agents, (carriers), will not knowingly transport vehicles with personal or household items in the passenger or trunk compartment. Federal regulation prohibits Sameday or its agents from doing so. If such items are shipped unbeknownst to Sameday or its agents, such items become the sole responsibility of the shipper. Should damage occur in your car you will be subject to additional fees at the discretion of the transporting company. This is Federal Law and under no control of Sameday.

Performance under this contract shall be excused to the extent such performance is prevented by force majeure. The term “force majeure” shall include acts of God or the elements, acts of a public enemy, acts of terrorism, riots, strikes, labor disputes, fires, explosions, floods, acts or orders of civil or military authorities, or other causes beyond the reasonable control of the party declaring the force majeure events. Such excuse from performance shall continue until the force majeure event ceases to exist.

At the time of delivery, Customer and Carrier will carefully inspect the vehicle for possible damages incurred during transit. Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign and receive a final copy of the Bill of Lading.

Damage must be noted in the proper place on the Bill of Lading and signed by Customer regardless of weather conditions, time of day or day of week. Signing the Bill of Lading and inspection report without notation of any damage verifies that Customer has received his vehicle(s) in satisfactory condition, and that Sameday or its agent, Carrier and their agents are relieved of any further responsibility.

IN NO EVENT SHALL Sameday or it’s agents, (carriers),  BE LIABLE FOR ANY DAMAGES EXCEPT FOR DAMAGES TO VEHICLES ACTUALLY TRANSPORTED AND ONLY TO THE EXTENT SUCH DAMAGES WERE CAUSED BY READY’s GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Customer specifically agrees and hereby waives any other claims against Sameday or its agents, (carriers) including, but not limited to minor damages such as scratches, scrapes and chips that result from normal road conditions and wear and tear; damages caused by leaking fluids, battery acid and/or cooling system antifreeze solution; industrial fallout; mechanical malfunctions; exhaust assembly; frame; alignment; tire damage; suspension; glass damage; overloaded vehicles; defective or insufficient brakes, parking brake or parking gear; damage to loose, torn or visibly worn convertible tops; damage to vehicle boots, caps, masks, bras or any other type of covering; damage caused as a result of the inoperable condition of the vehicle; damage caused by tie-downs that break or tear due to vehicle’s age or condition; damage that is undetectable due to the vehicle’s dirty condition at the time of pickup; or damage caused as a result of acts of God or other Force Majeure events.  Sameday shall not be liable for missing navigation disk, additional keys, floor mats or other removable equipment.  ADDITIONALLY, SAMEDAY WILL NOT PROVIDE REIMBURSEMENT FOR AUTO RENTAL FEES RESULTING FROM DELAY, DAMAGE, OR ACCIDENT. FURTHERMORE, SAMEDAY  WILL NOT BE RESPONSIBLE FOR DEPRECIATED VALUE RESULTING FROM DAMAGES OR DELAYS.

Customer shall identify any damage to any vehicle(s) by noting the damage on the Bill of Lading received by Customer at the time of delivery. Any claims related to such noted damage must be submitted in writing to the insurance company of the carrier, and or the carrier  that transported the vehicles and to make any and all such damage claims directly to them within 2 days of delivery, or, in case of failure of delivery, within 2 days of the date that vehicle was scheduled to be delivered. Sameday will provide the customer with the carrier’s insurance information if necessary.  Customer hereby waives any damage claims that are not noted on the Bill of Lading or for which Customer has not submitted a timely written claim. Customer further agrees to hold Sameday harmless and indemnifies them of any liability resulting from any theft or damage claims.  Sameday shall not be liable directly, in subrogation, or by assignment to Customer’s insurance company for any claims paid by the Company. IN NO EVENT SHALL READY BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

Customer or his agent, who has been identified to Sameday, shall be present at the point of pickup and delivery. If Customer or its authorized agent is not present for any reason, the vehicle(s) will be placed in storage, at customer’s expense solely at the discretion of the driver.

LICENSE.

Subject to your compliance with these Terms, Sameday grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications 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, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Sameday and Sameday’s  licensors.

RESTRICTIONS.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Sameday; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

THIRD PARTY SERVICES AND CONTENT.

The Services may be made available or accessed in connection with third party services and content (including advertising) that Sameday does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Sameday does not endorse such third party services and content and in no event shall Sameday be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

OWNERSHIP.

The Services and all rights therein are and shall remain Sameday’s property or the property of Sameday’s licencors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Sameday’s company names, logos, product and service names, trademarks or services marks or those of Sameday’s licencors.

3. YOUR USE OF THE SERVICES

USER ACCOUNTS.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Sameday certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. 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 and use the Services or Sameday’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Sameday in writing, you may only possess one Account.

USER REQUIREMENTS AND CONDUCT.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

TEXT MESSAGING.

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Sameday at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

PROMOTIONAL CODES.

Sameday may, in Sameday’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Sameday establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Sameday; (iii) may be disabled by Sameday at any time for any reason without liability to Sameday; (iv) may only be used pursuant to the specific terms that Sameday establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Sameday reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Sameday determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

USER PROVIDED CONTENT.

Sameday may, in Sameday’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Sameday through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Sameday, you grant Sameday a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sub-license, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Sameday’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Sameday the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Sameday’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Sameday in its sole discretion, whether or not such material may be protected by law. Sameday may, but shall not be obligated to, review, monitor, or remove User Content, at Sameday’s sole discretion and at any time and for any reason, without notice to you.

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 a wireless-enabled 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. Sameday 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.

4. PAYMENT

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Sameday will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Sameday. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Sameday will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated by Sameday using the preferred payment method designated in your Account, after which Sameday will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Sameday may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and Sameday, Sameday reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Sameday’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Sameday will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Sameday may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Sameday does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Sameday (on Sameday’s website, in the Application, or in Sameday’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Sameday provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Sameday 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, Sameday MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Sameday DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. 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.

SAMEDAY 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, EVEN IF SAMEDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAMEDAY 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 SAMEDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAMEDAY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SAMEDAY’S REASONABLE CONTROL. SAMEDAY’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SAMEDAY 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 IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

INDEMNITY.

You agree to indemnify and hold Sameday and its officers, directors, employees, and agents 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) Sameday’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6. DISPUTE RESOLUTION

ARBITRATION.

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Sameday, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Sameday are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Sameday otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

ARBITRATION RULES AND GOVERNING LAW.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

ARBITRATION PROCESS.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

ARBITRATION LOCATION AND PROCEDURE.

Unless you and Sameday otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Sameday submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

ARBITRATOR’S DECISION.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorney’s’ fees and expenses, to the extent provided under applicable law. Sameday will not seek, and hereby waives all rights Sameday may have under applicable law to recover, attorneys’ fees and expenses if Sameday prevail in arbitration.

FEES.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Sameday will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

CHANGES.

Notwithstanding the provisions of the modification-related provisions above, if Sameday changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Sameday written notice of such rejection by mail or hand delivery to: Same Day Pickup App by American Auto Shipping – 3283 E WARM SPRINGS RD – Suite 100 | Las Vegas NV 89120 , or by email from the email address associated with your Account to: legal@samedaypickupapp.com, within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Sameday in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

7. OTHER PROVISIONS

CHOICE OF LAW.

These Terms are governed by and construed in accordance with the laws of the State of Nevada,, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

CLAIMS OF COPYRIGHT INFRINGEMENT.

Claims of copyright infringement should be sent to Sameday’s designated agent. Please visit Sameday’s web page at samedaypickupapp.com/legal for the designated address and additional information.

NOTICE.

Sameday may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Sameday, with such notice deemed given when received by Sameday, at any time by first class mail or pre-paid post to Sameday at our address in Washington.

GENERAL.

You may not assign these Terms without Sameday’s prior written approval. Sameday may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Sameday’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Sameday 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. Sameday’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 Sameday in writing.

 

TERMS AND CONDITIONS – CARRIER

Last Updated: August 17th, 2018

1. CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within the United States and its territories and possessions of applications, websites, content, products, and services (the “Services”) made available in the United States and its territories and possessions by Same Day Pickup App by American Auto Shipping and its Licensing Partners, hereon  known as “Sameday”. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Sameday.. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Sameday may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Sameday may amend the Terms related to the Services from time to time. Amendments will be effective upon Sameday’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in Sameday’s Privacy Policy located at samedaypickupapp.com/legal.

2. By providing Services as a carrier on the Sameday Platform, you represent, warrant, and agree that:

  • You possess a valid carrier’s license and are authorized and medically fit to operate a motor carrier and have all appropriate licenses, approvals and authority to provide interstate, and intrastate transportation of motor vehicles.
  • You own, or have the legal right to operate, the motor carrier you use when providing Services, and such carrier is in good operating condition and meets the industry safety standards and all applicable statutory federal and state department of motor carrier requirements for a carrier of its kind.
  • You will only provide Services using the carrier that has been reported to Sameday,
  • 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 carrier you use to provide Services.
  • You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages (however, this provision shall not limit the scope of Sameday’s insurance policies).
  • In the event of a motor carrier accident you will be solely responsible for compliance with any applicable statutory or department of motor carriers requirements, for reporting the accident to Sameday and your insurer in a timely manner, and for all necessary contacts with your insurance carrier.
  • You will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions.
  • You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
  • You will not make any misrepresentation regarding Sameday, the Sameday Platform, the Services or your status as a carrier, or, while providing the Services, or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
  • You will not attempt to defraud Sameday or our customers  in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may cancel your account.
  • You will not discriminate 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.
  • 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.

 

 

USER PRIVACY STATEMENT – CLIENT

Effective Date: August 17th, 2018

Sameday collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. If you reside in the United States, the Services are provided by Same Day Pickup App by American Auto Shipping and its Licensing Partners (collectively “Sameday.”), and this Privacy Statement applies to information collected and used by Sameday U.S. If you reside outside of the United States, the Services are provided by Sameday B.V., and this Privacy Statement applies to information collected and used by Sameday B.V. (Sameday U.S. and Sameday B.V. are referred to herein collectively as “Sameday” or “we”).

SCOPE AND APPLICATION

This Privacy Statement (“Statement”) applies to persons anywhere in the world who use our apps or Services to request transportation, delivery, or other on-demand services (“Users”). This Statement does not apply to information we collect from or about drivers, couriers, partner transportation companies, or any other persons who use the Sameday platform under license (collectively “Drivers”). If you interact with the Services as both a User and a Driver, the respective privacy statements apply to your different interactions.

COLLECTION OF INFORMATION

INFORMATION YOU PROVIDE TO US

We collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, items requested (for delivery services), delivery notes, and other information you choose to provide.

INFORMATION WE COLLECT THROUGH YOUR USE OF OUR SERVICES

When you use our Services, we collect information about you in the following general categories:

  • Location Information: When you use the Services for transportation or delivery, we collect precise location data about the trip from the Sameday app used by the Driver. If you permit the Sameday app to access location services through the permission system used by your mobile operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.
  • Contacts Information: If you permit the Sameday app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.
  • Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details. Additionally, if someone uses your promo code, we may associate your name with that person.
  • Usage and Preference Information: We collect information about how you and site visitors interact with our Services, preferences expressed, and settings chosen. In some cases we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers. To learn more about these technologies, please see our Cookie Statement.
  • Device Information: We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.
  • Call and SMS Data : Our Services facilitate communications between Users and Drivers. In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message.
  • Log Information: When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
IMPORTANT INFORMATION ABOUT PLATFORM PERMISSIONS

Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Sameday app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Sameday app seeks before you first use the app, and your use of the app constitutes your consent. To learn about the platform-level permissions that the app seeks, please visit our new iOS Permissions page and Android Permissions page. Sometimes these permissions require more explanation than the platforms themselves provide, and the permissions we request will change over time, so we’ve created these pages to serve as authoritative and up-to-date resources for our users.

INFORMATION WE COLLECT FROM OTHER SOURCES

We may also receive information from other sources and combine that with information we collect through our Services. For example:

  • If you choose to link, create, or log in to your Sameday account with a payment provider (e.g., Google Wallet) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.
  • If your employer uses one of our enterprise solutions, such as Sameday for Business, we may receive information about you from your employer.
  • When you request on demand services, our Drivers may provide us with a User rating after providing services to you.
  • If you also interact with our Services in another capacity, for instance as a Driver or user of other apps we provide, we may combine or associate that information with information we have collected from you in your capacity as a User or rider.

USE OF INFORMATION

We may use the information we collect about you to:

  • Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Users and Drivers, develop safety features, authenticate users, and send product updates and administrative messages;
  • Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
  • Send or facilitate communications (i) between you and a Driver, such as estimated times of arrival (ETAs), or (ii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals, invites, split fare requests, or ETA sharing;
  • Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Sameday and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;
  • Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.

We may transfer the information described in this Statement to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement. If you are in the EU or Switzerland, please see the Safe Harbor notice below.

SHARING OF INFORMATION

We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:

THROUGH OUR SERVICES

We may share your information:

  • With Drivers to enable them to provide the Services you request. For example, we share your name, photo (if you provide one), average User rating given by Drivers, and pickup and/or drop-off locations with Drivers;
  • With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
  • With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;
  • With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate.
OTHER IMPORTANT SHARING

We may share your information:

  • With Sameday subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;
  • With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
  • In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
  • With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of Sameday or others;
  • In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
  • If we otherwise notify you and you consent to the sharing; and
  • In an aggregated and/or anonymized form which cannot reasonably be used to identify you.

SOCIAL SHARING FEATURES

The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.

ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS

We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our Services, as well as when you visit other online sites and services. For more information about these technologies and service providers, please refer to our Cookie Statement.

YOUR CHOICES

ACCOUNT INFORMATION

You may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please email us at support@samedaypickupautotransport.com Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.

ACCESS RIGHTS

Sameday will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.

LOCATION INFORMATION

We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect your trip location information from a Driver’s device nor our ability to derive approximate location from your IP address.

CONTACT INFORMATION

We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.

PROMOTIONAL COMMUNICATIONS

You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.

YOUR CALIFORNIA PRIVACY RIGHTS

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. Sameday does not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.

COOKIES AND ADVERTISING

Please refer to the Cookie Statement Tab for more information about your choices around cookies and related technologies.

CHANGES TO THE STATEMENT

We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.

CONTACT US

If you have any questions about this Privacy Statement, please contact us at legal@samedaypickupapp.com, or write us at Same Day Pickup App by American Auto Shipping – 3283 E WARM SPRINGS RD – Suite 100 | Las Vegas NV 89120.

 

USER PRIVACY STATEMENT – CARRIER

Effective Date: August 17th, 2018

Sameday collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. For persons residing in the United States, the Services are provided by Same Day Pickup App by American Auto Shipping and its Licensing Partners (hereinafter “Sameday” or “we”).

SCOPE AND APPLICATION

This U.S. Driver Privacy Statement (“Statement”) applies to drivers, couriers, partner transportation companies, and any other persons that use the Sameday platform under license (collectively “Drivers,” or individually “you”) and reside in the United States. This Statement does not apply to Drivers who reside outside the United States. The Statement also does not apply to persons (e.g. riders) who use our app or Services to request transportation, delivery, or other on-demand services (“Users”). If you interact with the Services as both a User and a Driver, the respective privacy statements apply to your different interactions.

COLLECTION OF INFORMATION

Sameday may collect personal data from you during the course of your application for, and use of, the Sameday Services, including location data, which information may be stored, processed, and/or accessed by Sameday, as well as its service providers, for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with Sameday’s and its Affiliates’ legitimate business needs. By submitting information to Sameday during the application process and/or by using the Services, you consent to such collection and use of personal data.

DISCLOSURE OF DRIVER INFORMATION TO THIRD PARTIES

Subject to all applicable laws, Sameday may provide to a third party any information (including personal data and any Sameday Data) about Drivers provided hereunder if: (a) there is a complaint, dispute or conflict, including an accident, relating to a Driver; (b) it is necessary to enforce the terms of the Agreement; (c) it is required, in Sameday’s sole discretion, by applicable law, regulation, ordinance, license, or operating agreement; (d) it is necessary, in Sameday’s sole discretion, to protect the safety, rights, property, or security of Sameday, the Sameday Services, or any third party; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity which Sameday, in its sole discretion, considers to be, or to pose a risk of being, illegal, unethical, or legally actionable.

LOCATION-BASED SERVICES CONSENT

You hereby expressly consent to Sameday’s use of location-based services and expressly waive and release Sameday from any and all liability, claims, causes of action or damages arising from your use of the Sameday Services, or in any way relating to the use of the precise location and other location-based services.

 

COOKIE STATEMENT (GLOBAL)

Effective Date: August 17th, 2018

We and our affiliates, third parties, and other partners use cookies and other identification technologies on our websites, mobile applications, electronic communications, advertisements, and other online services (collectively, the “Services”) for a number of purposes, including: authenticating users, remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our Services. You can read more here about the types of cookies we use, why we use them, and how you can exercise your choices.

COOKIES OVERVIEW

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. There are different types of cookies. Cookies served by the entity that operates the domain you are visiting are called “first party cookies.” So cookies served by Sameday while you are on samedaypickupapp.com are first party cookies. Cookies served by companies that are not operating the domain you’re visiting are called “third party cookies.” So, we may allow Google to set a cookie on your browser while you visit samedaypickupapp.com, and that would be a third party cookie. Cookies may also endure for different periods of time. “Session Cookies” only last only as long as your browser is open. These are deleted automatically once you close your browser. Other cookies are “persistent cookies” meaning that they survive after your browser is closed. For example, they may recognize your device when you re-open your browser and browse the internet again.

OTHER IDENTIFICATION TECHNOLOGIES

We call this a Cookie Statement, but the statement addresses cookies and other identification technologies we may use or permit on our Services. “Pixel tags” (also called beacons or pixels) are small blocks of code installed on (or called by) a web page, app, or advertisement which can retrieve certain information about your device and browser, including for example: device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, and other similar information, including the small text file (the cookie) that uniquely identifies the device. Pixels provide the means by which third parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner. “Local storage” refers generally to other places on a browser or device where information can be stored by websites, ads, or third parties (such as HTML5 local storage and browser cache). “Software Development Kits” (also called SDKs) function like pixels and cookies, but operate in the mobile app context where pixels and cookies cannot always function. The primary app developer can install pieces of code (the SDK) from partners in the app, and thereby allow the partner to collect certain information about user interaction with the app and information about the user device and network information.

YOUR CHOICES

You have the right to choose whether or not to accept cookies. However, they are an important part of how our Services work, so you should be aware that if you choose to refuse or remove cookies, this could affect the availability and functionality of the Services.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. To do so, please follow the instructions provided by your browser which are usually located within the “Help” or “Preferences” menu. Some third parties also provide the ability to refuse their cookies directly by clicking on an opt-out link, and we have indicated where this is possible in the table above.

Removing or rejecting browser cookies does not necessarily affect third-party flash cookies which may be used by us or our partners in connection with our Services. To delete or disable flash cookies please visit this site for more information. For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit www.allaboutcookies.org and www.youronlinechoices.eu.

TYPES AND PURPOSES OF COOKIES

The following table sets out the different categories of cookies that our Services use and why we use them. The lists of third party cookie providers are intended merely as illustrative not comprehensive.

Type of Cookie Purpose Who Serves (for example)
Authentication Cookies These cookies (including local storage and similar technologies) tell us when you’re logged in, so we can show you the appropriate experience and features such as your account information, trip history, and to edit your account settings.
  • Sameday
Security and site integrity cookies We use these cookies to support or enable security features to help keep Sameday safe and secure. For example, they enable us to remember when you are logged into a secure area of the Services and help protect your account from being accessed by anyone other than you.
  • Sameday
Localization These help Sameday provide a localized experience. For example, we may store information in a cookie that is placed on your browser or device so you will see the site in your preferred language.
  • Sameday
Site features and Services These provide functionality that help us deliver products and Services. For example, cookies help you log in by pre-filling fields. We may also use cookies and similar technologies to help us provide you and others with social plugins and other customized content and experiences, such as making suggestions to you and others.
  • Sameday
  • Facebook
  • Twitter
  • Google
Analytics and research These are used to understand, improve, and research products and Services, including when you access the Sameday website and related websites and apps from a computer or mobile device.
For example, we may use cookies to understand how you are using site features, and segmenting audiences for feature testing. We and our partners may use these technologies and the information we receive to improve and understand how you use websites, apps, products, services and ads.
  • Google
  • MixPanel
  • Optimizely
Advertising Things like cookies and pixels are used to deliver relevant ads, track ad campaign performance and efficiency. For example, we and our ad partners may rely on information gleaned through these cookies to serve you ads that may be interesting to you on other websites. Similarly, our partners may use a cookie, attribution service or another similar technology to determine whether we’ve served an ad and how it performed or provide us with information about how you interact with them.

For more information about interest-based ads, or to opt out of having your web-browsing information used for behavioral advertising purposes, please visit

www.aboutads.info/choices if you are in the United States, or

http://youronlinechoices.eu/ if you are outside the United States.

  • Sameday
  • Google
  • Facebook
  • AOL
  • Microsoft
  • Yahoo
  • Drawbridge
  • Indeed
  • Recruitics
  • RocketFuel
  • Simplyhired
  • Twitter
  • Ziprecruiter
  • Mixpanel
  • HasOffers/Tune
  • Adjust
  • AdRoll
  • Quantcast
  • Kenshoo

CONTACT US

If you have any questions about our use of cookies, please contact us at: legal@samedaypickupapp.com.

SAMEDAY COPYRIGHT POLICY

Effective Date: August 17th, 2018

NOTIFICATION OF COPYRIGHT INFRINGEMENT:

Same Day Pickup App by American Auto Shipping and it’s US affiliates  (“Sameday”) respects the intellectual property rights of others and expects its users to do the same.

It is Sameday’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website., Sameday will respond expeditiously to claims of copyright infringement committed using the Sameday website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to Sameday’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Sameday’s Designated Copyright Agent. Upon receipt of the Notice as described below, Sameday will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
  5. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  6. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  7. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Sameday’s Designated Copyright Agent:

Copyright Agent

Same Day Pickup App by American Auto Shipping

3283 E WARM SPRINGS RD – Suite 100

Las Vegas NV 89120

Email: legal@samedaypickupapp.com

IMPORTANT: Emails unrelated to copyright use or infringement will automatically be deleted.

RESPONSIBLE DISCLOSURE POLICY

Maintaining the safety and privacy of your data with Sameday is one of Sameday Engineering’s top goals. If you are a security researcher (or any other perceptive user) and have discovered a security vulnerability in one of our products, please contact legal@samedaypickupapp.com. We consider reports to this address to be of the highest priority, and will investigate them as quickly as possible.

For all other concerns, please visit samedaypickupapp.com/legal or email support@samedaypickupapp.com.

For vulnerabilities reported to us in compliance with this disclosure policy, Sameday commits to validate, respond to, and fix vulnerabilities in a timely fashion and to not take legal or administrative action against responsible vulnerability reporters. Sameday reserves all of its legal rights in the event of noncompliance.

Please include the following in security submissions:

  • Your email address
  • Your full name
  • Summary of issue (e.g., XSS on Page Foo, CSRF on Page Bar, SQLi in App Baz)
  • Steps to reproduce the issue

As a special thanks to individuals who have reported previously-unknown vulnerabilities of high or critical security, Sameday will maintain a list of credits on this page.

 

CURRENT LICENSING PARTNERS

Last Updated: August 17th, 2018

American Auto Shipping – MC# 125957