Terms and Conditions
These Terms and Conditions (“Terms”) govern your use of the services offered by Miles Makers (“we,” “us,” or “our”). By accessing or using our services, you (“you” or the “Carrier”) agree to be bound by these Terms.
1. Services
We provide dispatching services to Carriers in the United States. We connect Carriers with shippers who have freight that needs to be transported. We will use our best efforts to find loads that match your equipment, preferences, and qualifications. However, we cannot guarantee that a specific load will be available or that you will be selected for a particular load.
2. Carrier Responsibilities
- You are an independent contractor, not an employee of Miles Makers.
- You are responsible for complying with all applicable laws and regulations, including those related to licensing, insurance, safety, and hours of service.
- You must maintain all necessary permits and insurance for your trucking operation. We recommend that you consult with a qualified insurance professional to determine the appropriate coverage for your needs.
- You are responsible for the safe and timely transportation of all freight assigned to you.
- You are responsible for providing accurate and up-to-date information about your equipment, availability, and qualifications.
- You are responsible for any damages caused by you or your equipment.
- You agree to notify us immediately of any changes to your contact information, insurance coverage, or equipment specifications.
3. Our Responsibilities
- We will use commercially reasonable efforts to find loads that match your equipment, preferences, and qualifications.
- We will provide you with accurate and up-to-date information about available loads.
- We will negotiate rates with shippers on your behalf. However, the final decision on accepting a load rests with you.
- We will provide you with support and assistance throughout the transportation process, including load tracking and communication with shippers.
4. Compensation
- You will be compensated for your services based on a percentage of the freight rate or a flat fee, as agreed upon in advance.
- We will deduct our dispatch fee from the freight rate before paying you.
- You are responsible for all taxes and other charges associated with your earnings.
- Payment terms will be specified in a separate agreement.
5. Term and Termination
This Agreement will commence on the date you first access or use our services and will continue until terminated by either party.
- We may terminate this Agreement at any time for any reason, with or without notice.
- You may terminate this Agreement at any time by providing us with written notice.
- In the event of termination, we will pay you for all completed loads. You will be responsible for any outstanding fees or charges.
6. Disclaimer of Warranties
WE PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THEY WILL MEET YOUR SPECIFIC REQUIREMENTS.
7. Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification
You agree to indemnify and hold harmless [Miles Makers], its officers, directors, employees, agents, and affiliates, from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to your use of our services, or your violation of these Terms.
9. Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the State of [Missouri], without regard to its conflict of laws principles.
- Any dispute arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in USA, Missouri.
10. Entire Agreement
These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
11. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will remain in full force and effect.
12. Amendment
We may amend these Terms at any time by posting the amended Terms on our website. Your continued use of our services after the posting of the amended Terms constitutes