1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Direct Auto Ship, LLC, a limited liability company organized under the laws of Utah and operating as a federally licensed property broker under USDOT Number 4442942 and MC Number 01749731 ("Company," "we," "us," or "our"). These Terms govern your access to and use of our licensed broker services, website, mobile applications, and related services (collectively, the "Platform").
IMPORTANT LEGAL NOTICE:
BY ACCESSING OR USING OUR PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OR ACCESSING THE PLATFORM.
1.1 Acceptance of Terms
By creating an account, accessing the Platform, or using any of our broker services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
1.2 Broker Authority and Legal Status
Direct Auto Ship operates as a federally licensed property broker under:
- USDOT Number: 4442942
- MC Number: 01749731
- Operating Authority: Property Broker
- Regulatory Framework: 49 CFR Parts 371 and 387
1.3 Legal Capacity and Authorization
You represent and warrant that you have the legal capacity and authority to enter into this agreement and to ship any vehicles posted through our broker services.
1.4 Updates to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email and platform notifications. Continued use of the Platform after such changes constitutes acceptance of the modified Terms.
2. Definitions
For purposes of these Terms, the following definitions apply:
Term | Definition |
---|---|
"Bill of Lading (BOL)" | The legal contract for transportation exclusively between the Shipper and the Carrier, facilitated by Direct Auto Ship as the broker. This includes the Digital BOL created through the Platform. |
"Broker" | Direct Auto Ship, LLC, operating under federal motor carrier broker authority to arrange transportation services between shippers and carriers. |
"Broker Services" | Transportation brokerage services provided by Direct Auto Ship, including carrier selection, coordination, customer service, payment processing, and dispute resolution. |
"Carrier" | A licensed motor carrier that owns or operates commercial vehicles for transporting automobiles and contracts with Direct Auto Ship for transportation services. |
"Double Brokering" | The prohibited practice of a broker transferring, assigning, or sub-contracting a load to another broker or intermediary without express written authorization from the shipper. |
"Escrow" | The secure payment holding service, powered by Stripe, that protects funds until delivery confirmation and dispute resolution are complete. |
"Platform" | Direct Auto Ship's broker platform including its website, mobile applications, and all related brokerage services and technologies. |
"Shipment" | The transport of one or more vehicles from a pickup location to a delivery location arranged through Direct Auto Ship's broker services. |
"Shipper" | An individual or entity that owns or has lawful possession and authority to transport a vehicle and contracts with Direct Auto Ship for broker services. |
"User" | Any person or entity that accesses or uses the Platform, including both Shippers and Carriers. |
"Vehicle" | Any motorized passenger vehicle, motorcycle, RV, boat, or other transportable vehicle arranged for shipment through our broker services. |
3. Broker Services Overview
3.1 Licensed Broker Operations
Direct Auto Ship operates as a federally licensed property broker under 49 U.S.C. ยง 13904 and maintains all required bonds, insurance, and regulatory compliance. We arrange transportation services between shippers and carriers but do not provide transportation services ourselves.
Broker Service Model:
As your licensed broker, we arrange transportation services with qualified carriers on your behalf. We maintain contractual relationships with carriers and handle all aspects of the transportation arrangement, payment processing, and service coordination. Shippers contract with us for broker services, and we contract with carriers for transportation services.
3.2 Broker Responsibilities and Services
Direct Auto Ship provides the following broker services:
- Selection and qualification of licensed motor carriers
- Arrangement and coordination of transportation services
- Maintenance of required federal broker bond and insurance
- Customer service and support throughout the transportation process
- Payment processing and settlement with carriers
- Digital documentation and tracking systems
- Dispute resolution and claims assistance
- Regulatory compliance and record keeping
3.3 What We Do NOT Do
Direct Auto Ship explicitly:
- DOES NOT provide physical transportation services or own transport equipment.
- DOES NOT allow double brokering or re-brokering of shipments.
- DOES NOT permit unauthorized dispatch services to use the Platform.
- DOES NOT insure vehicles during transport (this is the Carrier's responsibility).
- Requires that all formal transport agreements and payments be processed exclusively through the Platform to ensure security and compliance for all parties.
NO DOUBLE BROKERING POLICY:
Double brokering is strictly prohibited and violates federal transportation regulations. Any attempt to transfer loads to other brokers or unauthorized intermediaries will result in immediate account termination and may result in civil and criminal penalties under federal law.
3.4 Broker Platform Features
Our Platform provides:
- Access to our qualified carrier network
- Digital documentation and GPS tracking systems
- Secure payment processing and escrow services
- 24/7 customer support and communication tools
- Professional dispute resolution assistance
- Comprehensive insurance verification and claims support
- Regulatory compliance management and record keeping
3.5 Regulatory Compliance
Direct Auto Ship maintains compliance with all applicable federal regulations including:
- Federal Motor Carrier Safety Administration (FMCSA) broker requirements
- Broker bond requirements under 49 CFR 387.307
- Record keeping requirements under 49 CFR 371.3
- Financial responsibility requirements
- Truth in leasing and transparency requirements
4. User Accounts and Registration
4.1 Account Registration Requirements
To use Platform services, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
4.2 Identity and Authorization Verification
We require verification of identity, authorization, and other information before allowing full Platform access. This includes:
- Identity Verification: Government-issued ID and business documentation
- Ownership/Authorization Verification: Proof of vehicle ownership or shipping authority
- Contact Information Verification: Valid phone numbers and email addresses
- Financial Verification: Valid payment methods and banking information
4.3 Carrier-Specific Verification
For Carriers, additional verification includes:
- DOT number verification and active registration status with FMCSA
- Commercial auto insurance certificate validation
- Motor Carrier Safety Administration (FMCSA) safety record review
- Operating authority and business license verification
- Background screening and business history review
- Equipment inspection and capability assessment
4.4 Shipper Authorization Requirements
Shippers must provide documentation proving:
- Legal ownership of vehicles or written authorization from owner
- Authority to arrange transportation services for the vehicle
- Vehicle registration and insurance documentation
- Lien holder authorization if applicable
- Business authority if shipping for commercial purposes
AUTHORIZATION VERIFICATION REQUIRED:
Direct Auto Ship reserves the right to require additional documentation proving ownership or shipping authority before accepting any shipment. Failure to provide adequate documentation will result in shipment cancellation and potential account termination.
4.5 Account Responsibilities
All Users agree to:
- Provide accurate and complete registration information
- Maintain current and accurate account information
- Secure account credentials and prevent unauthorized access
- Notify us immediately of any security breaches or unauthorized use
- Be responsible for all activities under your account
- Use the Platform only for lawful purposes and authorized activities
- Comply with all applicable laws and regulations
4.6 Account Suspension and Termination
We may suspend or terminate accounts for:
- Violations of these Terms or misrepresentation of information
- Fraudulent activity or identity theft
- Safety concerns or regulatory non-compliance
- Failure to maintain required licenses, insurance, or authorizations
- Attempted double brokering or unauthorized intermediary activities
- Any activity that threatens Platform integrity or user safety
Termination may be immediate and without prior notice in cases involving safety, fraud, or legal violations.
5. Terms Specific to Shippers
5.1 Shipper Representations and Warranties
As a Shipper using our broker services, you represent and warrant that:
- You own the Vehicle or have express written legal authority to arrange its transportation
- You have provided truthful documentation of ownership or authorization
- The Vehicle is legally registered, titled, and properly insured
- You have disclosed all known Vehicle defects, damage, liens, or special requirements
- The Vehicle contains no illegal substances, contraband, or hazardous materials
- All Vehicle information provided is accurate and complete
- You will be available during agreed pickup and delivery windows
- You are not acting as an unauthorized broker or intermediary
OWNERSHIP AND AUTHORITY REQUIREMENTS:
Shippers must have legal ownership or express written authorization to ship vehicles. Unauthorized shipping may constitute vehicle theft or fraud. Direct Auto Ship reserves the right to verify ownership and may refuse service or terminate accounts for unauthorized shipping attempts.
5.2 Broker Service Agreement
By booking through our Platform, Shippers enter into a broker service agreement whereby:
- Direct Auto Ship acts as your licensed broker to arrange transportation
- We select, qualify, and contract with carriers on your behalf
- You authorize us to handle all aspects of the transportation arrangement
- Payment is made to Direct Auto Ship for comprehensive broker services
- Direct Auto Ship settles directly with carriers according to our agreements
- We provide customer service and support throughout the process
5.3 Booking and Payment Process
- Shipment Request: Create accurate shipment listing with Vehicle details, pickup/delivery locations, and timing requirements
- Ownership Verification: Provide required documentation proving ownership or shipping authority
- Carrier Assignment: Direct Auto Ship selects and assigns qualified carrier
- Service Confirmation: Review and approve broker service terms and pricing
- Payment Security: Funds held in secure escrow until delivery confirmation
- Transportation Coordination: Direct Auto Ship coordinates all aspects of transport
5.4 Shipper Obligations
Shippers must:
- Prepare Vehicle for transport according to carrier requirements
- Remove all personal items and ensure Vehicle operability
- Be present or arrange authorized representative for pickup and delivery
- Inspect Vehicle thoroughly before and after transport
- Report any discrepancies immediately upon delivery
- Pay all applicable broker fees and charges as agreed
- Maintain current contact information and respond to communications
- Cooperate with carrier requirements and scheduling
- Not interfere with or attempt to direct carrier operations
5.5 Vehicle Condition and Documentation
Shippers acknowledge that:
- Vehicle condition will be documented with photos and Digital BOL at pickup
- Pre-existing damage must be accurately noted on inspection documents
- Failure to note damage at pickup may affect insurance claims and dispute resolution
- Digital documentation serves as official record of Vehicle condition
- Carrier insurance covers transportation-related damage only
5.6 Prohibited Shipper Activities
Shippers are strictly prohibited from:
- Providing false ownership or authorization documentation
- Attempting to ship vehicles without proper legal authority
- Using our Platform to facilitate illegal vehicle transfers or theft
- Misrepresenting vehicle condition, value, or specifications
- Attempting to contact or contract directly with assigned carriers
- Interfering with or directing carrier operations during transport
- Bypassing Direct Auto Ship's broker services or fee structure
5.7 Cancellation Policy
Shippers may cancel broker services subject to the following:
- 48+ hours before pickup: Full refund minus processing fees
- 24-48 hours before pickup: 75% refund due to carrier preparation costs
- Less than 24 hours: 50% refund due to carrier scheduling and preparation
- After pickup: No cancellation permitted - Vehicle in transit
- Carrier cancellation: Full refund provided immediately
6. Terms Specific to Carriers
6.1 Carrier Eligibility and Requirements
To provide transportation services through our broker platform, Carriers must:
- Hold valid DOT number and active FMCSA registration in good standing
- Maintain current commercial auto insurance meeting our minimum requirements
- Have satisfactory safety ratings and CSA scores as determined by FMCSA
- Own or legally operate appropriate auto transport equipment
- Hold valid commercial driver's license and interstate operating authority
- Pass our comprehensive qualification and background screening process
- Execute Direct Auto Ship's standard carrier agreement
- Demonstrate financial stability and business legitimacy
Insurance Requirement | Minimum Coverage | Purpose |
---|---|---|
Commercial Auto Liability | $750,000 per occurrence | Third-party bodily injury and property damage |
Cargo Coverage | $100,000 per vehicle | Customer vehicle damage during transport |
Garage Keepers Liability | $50,000 per vehicle | Coverage while vehicles in carrier custody |
6.2 Carrier Representations and Warranties
As a Carrier contracting with our broker services, you represent and warrant that:
- You are a legitimate licensed motor carrier, not a broker or intermediary
- All licenses, permits, DOT registrations, and insurance coverage are current and valid
- Your equipment is properly maintained, inspected, and suitable for auto transport
- You will comply with all applicable federal and state transportation regulations
- You have adequate experience and competency in professional auto transport services
- You will maintain professional standards and provide quality customer service
- You will not engage in double brokering or unauthorized load transfers
- You will contract exclusively with Direct Auto Ship for Platform shipments
6.3 Direct Contracting Requirement
All Carriers must:
- Contract directly and exclusively with Direct Auto Ship for all Platform loads
- Provide transportation services using their own equipment, drivers, and resources
- Maintain direct communication channels with Direct Auto Ship
- Not transfer, assign, or sub-contract loads to other parties without express written consent
- Confirm carrier identity and authority before pickup through our verification system
- Not use dispatch services, load boards, or intermediaries for Platform shipments
ANTI-DOUBLE BROKERING ENFORCEMENT:
Any attempt to transfer Platform loads to other brokers, intermediaries, or unauthorized parties will result in immediate contract termination, withholding of payments, and potential legal action. This practice violates federal regulations and these Terms.
6.4 Service Standards and Performance Obligations
Carriers must:
- Provide transportation services in a professional, safe, and timely manner
- Communicate regularly with Direct Auto Ship and customers about status and progress
- Handle vehicles with appropriate care, skill, and industry best practices
- Complete thorough vehicle inspections at pickup and delivery
- Use Platform's Digital BOL and documentation system for all shipments
- Maintain GPS tracking and provide real-time location updates during transport
- Deliver vehicles to specified locations within agreed timeframes
- Respond promptly to customer inquiries and service requests
- Follow all pickup and delivery protocols established by Direct Auto Ship
6.5 Digital Documentation Requirements
Carriers must use Platform's digital systems for:
- Electronic Bill of Lading execution with digital signatures
- Comprehensive vehicle condition documentation with high-resolution photos
- Damage mapping using interactive vehicle diagrams and condition reports
- Real-time status updates and GPS tracking throughout transport
- Delivery confirmation and final condition documentation
- Customer communication and service updates
6.6 Equipment and Safety Standards
Carriers must maintain transportation equipment that:
- Meets all DOT safety requirements and passes regular inspections
- Is appropriate and adequately sized for the types of vehicles being transported
- Includes proper tie-down equipment, wheel nets, and safety devices
- Is regularly maintained according to manufacturer specifications and industry standards
- Complies with all federal and state transportation safety regulations
- Carries required safety equipment and emergency response materials
6.7 Compensation and Payment Structure
Under our broker service model:
- Carriers receive agreed-upon transportation fees for completed services
- Payment rates are established through Direct Auto Ship's pricing structure
- Payments released promptly upon delivery confirmation and documentation
- All payments processed through secure ACH or wire transfer systems
- No hidden deductions or unexpected fee reductions
- Transparent rate structure with clear performance expectations
6.8 Prohibited Carrier Activities
Carriers are strictly prohibited from:
- Any form of double brokering, load transfer, or sub-contracting to other brokers
- Using dispatch services, load boards, or intermediaries for Platform shipments
- Misrepresenting their identity, authority, DOT number, or capabilities
- Operating without proper licenses, insurance, or operating authority
- Attempting to solicit customers directly or bypass broker services
- Providing false documentation or insurance certificates
- Engaging in unsafe driving practices or regulatory violations
- Unauthorized modifications to agreed pickup or delivery terms
6.9 Performance Monitoring and Quality Assurance
Direct Auto Ship monitors carrier performance through:
- Customer satisfaction ratings and feedback systems
- On-time performance and delivery metrics
- Vehicle condition and damage claim tracking
- Communication responsiveness and professionalism assessment
- Regulatory compliance and safety record monitoring
- Insurance claim frequency and resolution tracking
Poor performance may result in reduced load assignments, additional training requirements, or contract termination.
7. Payments and Escrow Services
7.1 Broker Platform Fee
Our broker fee is included in the total transport price paid by the Shipper. The Platform Fee, currently set at 10% of the total transport cost, is retained by Direct Auto Ship from the total amount upon successful job completion. This fee covers all essential brokerage and platform services, including:
- Nationwide carrier sourcing, vetting, and qualification
- Coordination and dispatch logistics
- 24/7 customer and operational support
- Secure payment processing and escrow services via Stripe
- Digital Bill of Lading (BOL) and photo documentation tools
- GPS tracking and real-time status updates
- Professional dispute resolution and claims assistance
- Maintenance of our required $75,000 federal broker bond
There are no hidden fees or surprise charges. The price you see is the price you pay, and our fee structure is transparent to ensure fairness for both Shippers and Carriers.
Transparent Broker Pricing:
Our broker fee covers all services including carrier selection and qualification, customer service, payment processing, GPS tracking, digital documentation, insurance coordination, and dispute resolution. No hidden fees or surprise charges.
7.2 Payment Processing and Third-Party Services
All payments are processed through Stripe, a third-party payment processor. By using the Platform, you agree to Stripe's terms of service and acknowledge that payment processing is subject to their policies and procedures. Direct Auto Ship does not store or process credit card information directly.
7.3 Escrow Service Protection
Our secure escrow service protects all parties:
- Shipper Protection: Funds held until satisfactory delivery confirmation and inspection
- Carrier Protection: Payment guaranteed before beginning transport services
- Broker Protection: Fees secured for services rendered throughout process
- Automatic Release: Funds transferred upon confirmed delivery and acceptance
- Dispute Protection: Funds held during any dispute resolution process
7.4 Payment Terms and Schedule
- Shipper Payment: Due upon booking confirmation, held in secure escrow
- Carrier Payment: Released within 24-48 hours of delivery confirmation
- Broker Fee: Retained by Direct Auto Ship upon service completion
- Disputed Payments: Held in escrow pending resolution of claims or disputes
- Refunds: Processed through original payment method within 5-10 business days
- Cancellation Fees: Applied according to cancellation policy timing
7.5 Payment Disputes and Resolution
In case of payment disputes:
- Funds remain in escrow until complete resolution
- Documentation and evidence reviewed by Platform administrators
- Final decisions made based on Digital BOL, photos, carrier reports, and communications
- Appeal process available for disputed payment decisions
- Independent mediation available for complex disputes
- Legal action remains available for unresolved disputes
7.6 Chargebacks and Financial Disputes
Chargebacks and refund requests are handled according to:
- Stripe's standard chargeback policies and dispute procedures
- Platform cancellation policies outlined in these Terms
- Documentation requirements for dispute resolution and evidence
- Time limits for filing disputes and claims (typically 30-60 days)
- Broker service completion and performance standards
7.7 Late Payment and Collection
For overdue payments:
- Late fees of 1.5% per month may be applied to overdue amounts
- Services may be suspended for accounts with outstanding balances
- Collection activities may be initiated for significantly overdue accounts
- Legal action may be pursued for non-payment of services rendered
8. Insurance and Liability
8.1 Broker Bond and Professional Insurance
Direct Auto Ship maintains all required broker insurance and bonding:
- Federal Broker Bond: $75,000 as required by 49 CFR 387.307
- General Liability Insurance: Comprehensive coverage for broker operations
- Professional Liability/E&O: Errors and omissions coverage for professional services
- Cyber Liability Insurance: Data protection and privacy breach coverage
- Commercial Property Insurance: Protection for business assets and operations
BROKER LIABILITY LIMITATIONS:
AS A LICENSED BROKER, DIRECT AUTO SHIP'S LIABILITY IS LIMITED TO BROKER SERVICES ONLY. WE DO NOT PROVIDE TRANSPORTATION SERVICES AND ARE NOT LIABLE FOR TRANSPORTATION-RELATED DAMAGES, CARRIER PERFORMANCE, OR VEHICLE CONDITION ISSUES.
8.2 Carrier Insurance Requirements and Verification
All contracted carriers must maintain and provide current proof of insurance coverage:
Insurance Type | Minimum Coverage | Purpose | Verification Required |
---|---|---|---|
Commercial Auto Liability | $750,000 per occurrence | Third-party bodily injury and property damage | Current certificate and policy verification |
Cargo Coverage | $100,000 per vehicle/$1M aggregate | Customer vehicle damage during transport | Policy documentation and coverage limits |
Garage Keepers Liability | $50,000 per vehicle | Coverage while vehicles in carrier custody | Certificate of coverage and policy terms |
8.3 Insurance Responsibility and Limitations
Carriers are solely responsible for:
- Maintaining current and adequate insurance coverage meeting Platform requirements
- Ensuring coverage remains active throughout all transportation services
- Providing accurate and current insurance documentation to Direct Auto Ship
- Notifying Platform immediately of any coverage changes, cancellations, or claims
- Filing insurance claims promptly for any transportation-related incidents
- Cooperating fully with insurance investigations and claim processes
- Covering deductibles and any coverage gaps in their insurance policies
8.4 Claims Handling Process and Broker Role
In the event of vehicle damage, loss, or other covered incidents:
- Immediate Documentation: Damage must be noted on Digital BOL at delivery
- Prompt Notification: Claims must be reported to Direct Auto Ship within 24 hours
- Broker Assistance: We facilitate communication between all parties
- Carrier Insurance Filing: Claims filed with carrier's insurance company
- Documentation Support: We provide Digital BOL, photos, and records
- Resolution Coordination: Claims resolved according to carrier insurance terms
8.5 Broker Insurance Disclaimers and Limitations
Direct Auto Ship explicitly disclaims responsibility for:
- Verification of actual insurance coverage adequacy beyond reviewing the certificate provided by the carrier at the time of onboarding.
- Carrier insurance company claim denials, delays, or coverage disputes.
- Carrier failure to maintain required insurance or any coverage lapses that occur after their initial verification.
- Policy exclusions, deductibles, or limitations in carrier insurance.
- Any gaps, insufficiencies, or inadequacies in carrier insurance coverage.
- The financial solvency, stability, or claim-paying ability of any carrier's insurance company.
CRITICAL INSURANCE NOTICE:
Direct Auto Ship does not provide insurance coverage for customer vehicles. All vehicle insurance during transport is provided exclusively by the independent motor carrier. We strongly recommend Shippers request and retain a copy of the assigned Carrier's insurance certificate before the vehicle is picked up. Customers should verify their personal auto insurance policy for any potential coverage during transport and consider additional protection for high-value vehicles.
8.6 Customer Insurance Recommendations
We recommend that customers:
- Verify their personal auto insurance policy covers vehicles during transport
- Consider additional coverage for high-value or specialty vehicles
- Review carrier insurance certificates and understand coverage limitations
- Document vehicle condition thoroughly before transport
- Understand that carrier insurance may have deductibles or exclusions
9. Disputes and Resolution
9.1 Broker Dispute Resolution Services
Direct Auto Ship provides professional dispute resolution services as part of our broker services, including:
- Facilitating communication between customers and carriers
- Reviewing and analyzing all documentation and evidence
- Coordinating with insurance companies and claim representatives
- Providing professional mediation and negotiation assistance
- Making informed recommendations for fair resolution
- Managing escrow funds during dispute resolution process
9.2 Dispute Resolution Process and Timeline
- Initial Communication (Days 1-3): Parties encouraged to resolve issues through direct communication facilitated by Direct Auto Ship
- Formal Dispute Filing (Day 4-7): If unresolved, formal dispute process initiated with documentation submission
- Evidence Review (Days 8-14): All relevant evidence, photos, Digital BOL, and communications reviewed
- Insurance Coordination (Days 15-30): Claims processed with carrier insurance, coordination with adjusters
- Mediation Phase (Days 31-45): Professional mediation facilitated by Direct Auto Ship
- Final Resolution (Days 46-60): Binding determination or recommendation for external legal action
9.3 Required Documentation for Disputes
Effective dispute resolution requires complete documentation including:
- Complete Digital BOL with accurate vehicle condition documentation at pickup and delivery
- High-resolution photos showing any damage, defects, or issues
- Records of all Platform communications between parties
- Evidence of insurance claims filed and carrier insurance documentation
- Any relevant third-party documentation, repair estimates, or expert assessments
- Witness statements or independent verification when available
9.4 Escrow Management During Disputes
During active disputes:
- All disputed funds remain secured in escrow until resolution
- Neither party can access disputed amounts during resolution process
- Platform may release undisputed portions of payments to appropriate parties
- Final resolution determines complete fund distribution according to findings
- Interest or escrow fees may apply for extended dispute periods
9.5 Broker Decision Authority and Limitations
Direct Auto Ship's dispute resolution decisions are:
- Based solely on the available documentation, evidence (including Digital BOL and photos), and our professional analysis based on transportation industry standards.
- Limited to Platform-related matters, primarily the fair distribution of funds held in escrow.
- Considered final regarding any Platform account actions (such as warnings or suspensions) and the distribution of escrowed payments.
- Binding only as it pertains to the funds held in escrow by the Platform. Our decision does not constitute a legal determination of liability or fault and does not prevent either party from pursuing external legal remedies for other damages not covered by the escrowed amount.
9.6 Limitations on Dispute Resolution Services
Our dispute resolution services:
- Are provided as a professional courtesy and value-added service
- Do not create additional liability or obligations for Direct Auto Ship
- Are limited to facilitating communication and providing industry expertise
- Cannot override insurance policy terms, coverage limitations, or legal requirements
- Do not constitute legal advice, binding arbitration, or court proceedings
- Are not a substitute for insurance claims or legal remedies
9.7 External Legal Action and Remedies
Nothing in these Terms prevents parties from:
- Pursuing insurance claims for transportation-related damages through carrier insurance
- Seeking external professional mediation or arbitration services
- Filing legal action in appropriate courts of competent jurisdiction
- Reporting safety violations or regulatory non-compliance to appropriate authorities
- Engaging independent legal counsel for advice and representation
10. Prohibited Conduct
10.1 General Platform Prohibitions
All Users are strictly prohibited from:
- Using the Platform for any illegal, fraudulent, or unauthorized purposes
- Providing false, misleading, inaccurate, or deceptive information
- Impersonating any person, entity, or organization
- Interfering with, disrupting, or attempting to compromise Platform operations
- Attempting to gain unauthorized access to Platform systems, accounts, or data
- Using automated tools, bots, or scrapers to access or interact with the Platform
- Collecting, harvesting, or storing other Users' personal information
- Engaging in spam, unsolicited marketing, or promotional activities
10.2 Transportation and Broker-Specific Prohibitions
The following activities are strictly prohibited and may result in immediate termination:
- Double Brokering: Any form of load transfer to other brokers or intermediaries
- Unauthorized Intermediaries: Using dispatch services, load boards, or sub-contractors
- Unlicensed Operations: Operating without proper DOT registration, licenses, or authority
- Insurance Fraud: Providing false insurance documentation or misrepresenting coverage
- Vehicle Misrepresentation: Providing false vehicle ownership, condition, or authorization
- Dangerous Cargo: Transporting hazardous materials, illegal substances, or contraband
- Safety Violations: Operating vehicles that don't meet DOT safety standards
- Identity Misrepresentation: Falsifying carrier identity, DOT numbers, or credentials
DOUBLE BROKERING ENFORCEMENT:
Double brokering is a federal crime under 49 USC ยง 14103 and violates these Terms. Any attempt to transfer Platform loads to other brokers or unauthorized parties will result in immediate account termination, payment forfeiture, regulatory reporting, and potential criminal prosecution.
10.3 Authorization and Documentation Fraud
Users are prohibited from:
- Providing false ownership or shipping authorization documents
- Attempting to ship vehicles without proper legal authority or ownership
- Misrepresenting vehicle condition, value, liens, or specifications
- Falsifying insurance certificates, carrier credentials, or business licenses
- Using stolen, fraudulent, or forged identity documents
- Attempting to ship stolen, lien-encumbered, or legally compromised vehicles
- Providing false contact information or business details
10.4 Platform Abuse and Security Violations
Users may not:
- Create multiple accounts to circumvent Platform policies or restrictions
- Manipulate ratings, reviews, feedback systems, or reputation scores
- Engage in payment fraud, chargeback abuse, or financial misrepresentation
- Use the Platform to compete directly with Direct Auto Ship's broker services
- Reverse engineer, decompile, or attempt to extract Platform technology
- Circumvent, disable, or attempt to bypass security measures or access controls
- Attempt to access other users' accounts, data, or private information
10.5 Communication Standards and Professional Conduct
Platform communications must not include:
- Harassment, threats, intimidation, or abusive language toward any party
- Discriminatory content based on race, gender, religion, or other protected characteristics
- Spam, unsolicited marketing, promotional content, or commercial solicitations
- Off-platform contact information intended to circumvent Platform policies or fees
- Requests for payments outside the Platform escrow system
- Defamatory, libelous, or false statements about other Users or businesses
- Content that violates intellectual property rights of third parties
10.6 Regulatory and Legal Compliance Violations
Users must not:
- Violate any federal, state, or local transportation regulations
- Operate in violation of DOT, FMCSA, or other regulatory requirements
- Fail to maintain required licenses, permits, or operating authority
- Violate hours of service, safety, or driver qualification regulations
- Engage in activities that compromise public safety or transportation security
- Violate import/export regulations or customs requirements
10.7 Enforcement Actions and Penalties
Violations of prohibited conduct may result in:
- Warning notices and temporary account restrictions or suspensions
- Immediate and permanent account termination for serious violations
- Withholding of payments pending investigation and resolution
- Forfeiture of broker fees and potential financial penalties
- Reporting to appropriate regulatory authorities (DOT, FMCSA, law enforcement)
- Legal action for damages, injunctive relief, and recovery of costs
- Criminal referral for violations involving fraud, theft, or safety violations
11. Intellectual Property
11.1 Platform Ownership and Proprietary Rights
Direct Auto Ship owns all rights, title, and interest in and to the Platform, including:
- Broker platform technology, software, and underlying code
- Website design, layout, user interface, and mobile applications
- Proprietary algorithms, business processes, and operational methodologies
- Trademarks, service marks, logos, and brand elements
- Content, text, graphics, images, and multimedia elements
- Documentation, user guides, and instructional materials
- Database structures, data compilation, and information organization
11.2 Limited License to Use Platform
Subject to these Terms, Direct Auto Ship grants Users a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Platform for legitimate transportation broker services
- Download and use mobile applications on personal authorized devices
- Use Platform features and functionality as intended and authorized
- Create user accounts and submit content as permitted
This license does not include rights to:
- Modify, adapt, alter, translate, or create derivative works
- Reverse engineer, decompile, disassemble, or extract source code
- Remove, alter, or obscure proprietary notices or intellectual property markings
- Use Platform technology for competing services or commercial advantage
11.3 User Content and Submissions
Users retain ownership of content they submit to the Platform, including:
- Vehicle photos, condition documentation, and inspection materials
- Profile information, business descriptions, and account details
- Reviews, ratings, feedback, and testimonials
- Communications, messages, and correspondence
- Business documentation and verification materials
11.4 License Grant for User Content
By submitting content to the Platform, Users grant Direct Auto Ship a worldwide, royalty-free, non-exclusive license to:
- Use, display, reproduce, and distribute content for Platform operations and broker services
- Store, process, and transmit content for service delivery and customer support
- Create derivative works for Platform improvement and functionality enhancement
- Share content with other Platform Users as necessary for transportation services
- Use content for marketing, promotional, and business development purposes
- Retain content for regulatory compliance and record-keeping requirements
11.5 Restrictions on Platform Use
Users are expressly prohibited from:
- Copying, reproducing, or downloading Platform technology or proprietary content
- Reverse engineering, decompiling, or attempting to extract Platform source code
- Creating derivative works, modifications, or adaptations of Platform technology
- Removing, altering, or obscuring proprietary notices, copyright markings, or trademarks
- Using Platform content, data, or technology for competing transportation services
- Extracting, harvesting, or scraping data using automated means or tools
- Sublicensing, reselling, or transferring Platform access to third parties
11.6 Trademark and Brand Protection
Direct Auto Ship trademarks, service marks, and brand elements are protected intellectual property. Users may not:
- Use Direct Auto Ship trademarks or logos without express written permission
- Create confusingly similar marks or branding that could cause consumer confusion
- Register domain names or business names incorporating Direct Auto Ship marks
- Use our trademarks in ways that suggest endorsement, affiliation, or sponsorship
11.7 Digital Millennium Copyright Act (DMCA) Compliance
Direct Auto Ship respects intellectual property rights and complies with the Digital Millennium Copyright Act. To report copyright infringement:
DMCA Notice Requirements:
Send written notice to contact@directautoship.com including:
- Identification of copyrighted work allegedly infringed
- Specific location of infringing material on the Platform
- Your contact information and electronic signature
- Statement of good faith belief that use is unauthorized
- Statement of accuracy and authority to act on behalf of copyright owner
11.8 Intellectual Property Violations and Enforcement
Violations of intellectual property rights may result in:
- Immediate removal of infringing content
- Account suspension or termination
- Legal action for damages and injunctive relief
- Reporting to appropriate authorities
- Recovery of attorney fees and costs
12. Disclaimers and Warranties
COMPREHENSIVE DISCLAIMER:
THE PLATFORM AND ALL BROKER SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. DIRECT AUTO SHIP DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
12.1 Platform Performance and Availability
Direct Auto Ship does not warrant that:
- The Platform will be available at all times, without interruption, or error-free
- Platform functions will operate without technical problems or security vulnerabilities
- All defects, errors, or bugs will be corrected promptly or at all
- Platform use will meet all User requirements, expectations, or business needs
- Data transmission will be secure, private, or protected from interception
- Platform servers or systems will be virus-free or immune from attacks
12.2 Transportation Services and Carrier Performance
As a broker, Direct Auto Ship makes no warranties regarding:
- The quality, safety, reliability, or professionalism of any Carrier's transportation services.
- The accuracy, completeness, or truthfulness of any information provided by other Users.
- The successful or timely performance of any transport agreement between a Shipper and a Carrier.
- The satisfactory resolution of disputes between parties beyond the scope of our escrow service.
- Carrier Compliance and Vetting: While Direct Auto Ship performs verification of a Carrier's operating authority and insurance at the time of their onboarding, we do not guarantee the continuous compliance, future performance, or ongoing safety record of any Carrier. Shippers are encouraged to review publicly available Carrier information on the FMCSA SAFER system.
12.3 Third-Party Services and Integrations
The Platform integrates with various third-party services including payment processors, mapping services, communication tools, and tracking systems. Direct Auto Ship disclaims all warranties related to:
- Third-party service performance, availability, reliability, or security
- Data accuracy, completeness, or timeliness from external sources
- Compatibility between Platform and third-party services
- Privacy practices or data handling by third-party providers
- Costs, fees, or charges imposed by third-party services
12.4 Technology and Communication Limitations
Users acknowledge and accept that:
- GPS tracking and location services may be inaccurate, delayed, or unavailable
- Digital communications may experience delays, failures, or security breaches
- Mobile applications may have device-specific limitations or compatibility issues
- Internet connectivity and network conditions affect Platform functionality
- Digital documentation may not capture all vehicle conditions or circumstances
- Electronic signatures and digital records may have legal limitations
12.5 Business and Financial Disclaimers
Direct Auto Ship does not guarantee:
- Continuous availability of transportation services or carrier capacity
- Specific pricing, rates, or cost savings compared to other services
- Business success, profitability, or volume for Platform Users
- Accuracy of market information, pricing data, or industry trends
- Protection against business losses, market changes, or competitive pressures
- Compliance with all local, state, or federal business regulations
12.6 Regulatory Compliance and Legal Disclaimers
Direct Auto Ship does not warrant that:
- Platform use complies with all local laws and regulations in every jurisdiction
- Carriers meet all applicable licensing, insurance, and regulatory requirements at all times
- Transportation services comply with all federal, state, and local regulations
- User activities and business practices satisfy all legal obligations
- Platform features or services are available or legal in all jurisdictions
- Regulatory changes will not affect Platform operations or service availability
12.7 Insurance and Risk Management Disclaimers
Direct Auto Ship specifically disclaims warranties regarding:
- Adequacy, sufficiency, or appropriateness of carrier insurance coverage
- Insurance company financial stability, claims-paying ability, or solvency
- Coverage for all types of losses, damages, or circumstances
- Claim approval, processing speed, or settlement amounts
- Resolution of coverage disputes or insurance company denials
- Protection against all transportation-related risks or liabilities
12.8 Data Accuracy and Information Disclaimers
Users acknowledge that:
- Platform data and information may contain errors, omissions, or inaccuracies
- User-submitted information may be incomplete, outdated, or incorrect
- Carrier credentials and verification may not guarantee performance or reliability
- Vehicle condition documentation may not reflect all defects or issues
- Pricing, availability, and service information may change without notice
- Historical data and performance metrics may not predict future results
12.9 Limitation of Broker Obligations
As a licensed broker, Direct Auto Ship's obligations are limited to:
- Reasonable care in carrier selection based on available information
- Maintaining required broker bonds and professional insurance
- Compliance with applicable federal broker regulations
- Providing broker services in accordance with industry standards
- Facilitating communication and coordination between parties
Direct Auto Ship does not guarantee carrier performance, vehicle condition, delivery schedules, or successful completion of transportation services.
12.10 State Law Variations and Limitations
Some states do not allow certain warranty disclaimers or limitations on implied warranties. In such jurisdictions:
- These disclaimers apply to the maximum extent permitted by applicable law
- Any required warranties are limited to the shortest period permitted by law
- Remedies may be limited to repair, replacement, or refund of services
- Additional consumer protections may apply under state law
User Acknowledgment:
By using the Platform, Users acknowledge they understand and accept all disclaimers and warranty limitations. Users agree that their use of broker services is at their own risk and that they have not relied on any representations or warranties not expressly set forth in these Terms.
13. Limitation of Liability
MAXIMUM LIABILITY PROTECTION:
IN NO EVENT SHALL DIRECT AUTO SHIP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF DIRECT AUTO SHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.1 Broker Liability Limitations
As a licensed transportation broker, Direct Auto Ship's liability is strictly limited to broker service obligations and excludes all transportation-related activities. Our maximum liability is limited to:
- Gross negligence in carrier selection based on reasonable care standards
- Material breach of broker service agreement obligations
- Improper handling of customer funds in violation of escrow terms
- Failure to maintain required federal broker bond coverage
- Violations of applicable federal broker regulations
13.2 Maximum Liability Cap
Direct Auto Ship's total liability to any User for all claims arising from or related to Platform use, broker services, or these Terms shall not exceed the lesser of:
- $5,000 per incident or occurrence
- Total broker fees paid by User to Direct Auto Ship in the 12 months preceding the claim
- Amount available under Direct Auto Ship's broker bond coverage
13.3 Transportation Liability Exclusions
Direct Auto Ship is expressly NOT liable for any transportation-related damages, losses, or incidents including:
- Vehicle damage, loss, theft, vandalism, or destruction during transportation
- Personal injuries or property damage caused by Carriers or transportation activities
- Carrier breach of transportation agreements or performance failures
- Transportation delays, cancellations, route deviations, or scheduling issues
- Vehicle mechanical failures, breakdowns, or operational problems
- Weather-related incidents, natural disasters, or acts of God affecting transport
- Accidents, collisions, or traffic incidents involving carrier vehicles
- Carrier violations of transportation regulations or safety requirements
13.4 Insurance and Claims Liability Exclusions
Direct Auto Ship is not liable for:
- Insurance coverage disputes, claim denials, or coverage inadequacies
- Carrier insurance company insolvency, delays, or payment failures
- Policy exclusions, deductibles, or coverage limitations
- Gaps in carrier insurance coverage or policy lapses
- Disputed coverage determinations or claim settlement amounts
- Customer decisions regarding insurance coverage or protection levels
13.5 Platform and Technology Liability Limitations
Direct Auto Ship's liability for Platform-related issues is limited and excludes:
- Platform downtime, interruptions, or technical malfunctions
- Data loss, corruption, or unauthorized access to information
- Third-party service failures or integration problems
- GPS tracking inaccuracies or communication delays
- Mobile application compatibility or device-specific issues
- Cybersecurity incidents or data breaches beyond our control
13.6 User Responsibility and Risk Assumption
Users acknowledge and assume responsibility for:
- Understanding that vehicle transportation inherently involves risk of damage
- Verifying carrier credentials, insurance coverage, and service capabilities
- Making informed decisions about transportation services and protection levels
- Compliance with all applicable laws, regulations, and licensing requirements
- Accuracy and truthfulness of all information provided to the Platform
- Proper vehicle preparation, documentation, and condition assessment
13.7 Force Majeure and Uncontrollable Circumstances
Direct Auto Ship is not liable for delays, failures, or damages caused by circumstances beyond our reasonable control, including:
- Natural disasters, severe weather events, or environmental emergencies
- Government actions, regulations, orders, or legal requirements
- Terrorism, war, civil unrest, or public safety emergencies
- Internet outages, network failures, or telecommunications disruptions
- Third-party service provider failures or discontinuations
- Labor disputes, strikes, or workforce shortages
- Pandemic, epidemic, or public health emergencies
13.8 Mitigation of Damages
Users agree to take reasonable steps to mitigate damages and acknowledge that failure to mitigate may reduce or eliminate recovery. This includes:
- Promptly reporting problems, damage, or service issues
- Cooperating with resolution efforts and insurance claims
- Taking reasonable steps to prevent additional damage or losses
- Providing accurate information and documentation for claims
13.9 State Law Variations
Some states do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to all Users. In such states, Direct Auto Ship's liability is limited to the greatest extent permitted by applicable state law, but in no event shall exceed the liability caps set forth herein.
14. Indemnification
14.1 General User Indemnification Obligations
Users agree to indemnify, defend, and hold harmless Direct Auto Ship, its officers, directors, employees, agents, affiliates, contractors, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, and attorney fees arising from or related to:
14.2 Shipper Indemnification Responsibilities
Shippers specifically indemnify Direct Auto Ship for claims arising from:
- Vehicle ownership disputes, lack of authority to ship, or unauthorized transportation arrangements
- Inaccurate vehicle information, condition misrepresentation, or undisclosed defects
- Illegal substances, contraband, hazardous materials, or prohibited items found in vehicles
- Vehicle defects, mechanical issues, or safety problems causing transportation difficulties
- Liens, encumbrances, legal claims, or ownership disputes affecting vehicles
- Breach of broker service agreements or failure to comply with Platform policies
- Violation of applicable laws, regulations, or licensing requirements
- False, misleading, or fraudulent information provided to the Platform
14.3 Carrier Indemnification Responsibilities
Carriers specifically indemnify Direct Auto Ship for claims arising from:
- All transportation services provided to customers through the Platform
- Vehicle damage, loss, theft, or destruction during transportation or custody
- Accidents, injuries, property damage, or incidents involving carrier operations
- Violations of transportation regulations, safety requirements, or licensing obligations
- Inadequate, lapsed, or insufficient insurance coverage for transportation activities
- Double brokering, unauthorized load transfers, or sub-contracting violations
- Breach of carrier agreements or failure to perform transportation services
- Misrepresentation of credentials, licenses, insurance, or operational capabilities
- Equipment failures, mechanical problems, or safety violations
- Employment issues, driver problems, or workforce-related claims
14.4 Technology and Platform Use Indemnification
All Users indemnify Direct Auto Ship for claims related to:
- Violation of these Terms of Service or Platform policies
- Infringement of third-party intellectual property rights
- Privacy violations, data breaches, or unauthorized information collection
- Fraudulent activity, identity theft, or financial misrepresentation
- Platform abuse, security violations, or unauthorized access attempts
- Defamatory, harassing, threatening, or illegal communications
- Spam, unsolicited marketing, or commercial solicitation activities
- Violation of export controls, sanctions, or international trade regulations
14.5 Regulatory and Compliance Indemnification
Users indemnify Direct Auto Ship for:
- Violations of federal, state, or local transportation regulations
- DOT, FMCSA, or other regulatory violations and penalties
- Licensing, permitting, or operating authority violations
- Safety violations, accidents, or regulatory enforcement actions
- Environmental violations or hazardous material incidents
- Import/export violations or customs compliance failures
- Tax obligations, reporting requirements, or financial compliance issues
14.6 Indemnification Process and Procedures
Upon notice of any claim subject to indemnification:
- Prompt Notice: Direct Auto Ship will notify the indemnifying User promptly in writing
- Defense Assumption: User may assume defense of the claim with qualified legal counsel
- Cooperation: Direct Auto Ship retains right to participate in defense at User's expense
- Settlement Authority: User may not settle claims affecting Direct Auto Ship without written consent
- Cost Responsibility: User bears all costs, expenses, and attorney fees for defense and resolution
- Survival: Indemnification obligations survive termination of these Terms
14.7 Mutual Cooperation Requirements
All parties agree to:
- Cooperate fully and in good faith in defense of indemnified claims
- Provide timely notice of potential indemnification matters
- Share relevant information, documentation, and evidence
- Act reasonably to minimize damages, exposure, and costs
- Maintain confidentiality of sensitive information during proceedings
14.8 Limitation of Indemnification
Indemnification obligations are limited to:
- Claims directly resulting from indemnifying party's actions or omissions
- Reasonable attorney fees and costs actually incurred
- Settlements and judgments approved by indemnifying party
- Damages not covered by applicable insurance policies
Indemnification does not apply to claims resulting from Direct Auto Ship's gross negligence, intentional misconduct, or violation of applicable law.
15. Termination
15.1 Termination by Users
Users may terminate their accounts and broker service relationships at any time by:
- Using account deletion features available in Platform settings
- Contacting customer support with written termination requests
- Providing written notice to Direct Auto Ship via email or postal mail
- Ceasing all use of Platform services and broker arrangements
User-initiated termination is subject to:
- Completion of all active shipments and outstanding obligations
- Payment of all outstanding fees, charges, and costs
- Compliance with data retention and regulatory requirements
- 30-day notice period for active transportation arrangements
15.2 Termination by Direct Auto Ship
Direct Auto Ship may terminate or suspend User accounts and broker relationships:
15.2.1 For Cause (Immediate Termination)
- Material breach of these Terms or Platform policies
- Double brokering, unauthorized load transfers, or regulatory violations
- Fraudulent activity, misrepresentation, or identity theft
- Safety violations, accidents, or regulatory non-compliance
- Illegal activity, criminal conduct, or law enforcement issues
- Platform abuse, security violations, or unauthorized access
- Repeated policy violations despite warnings and corrections
- Failure to maintain required licenses, insurance, or operating authority
15.2.2 For Convenience (30-Day Notice)
- Business restructuring or operational changes
- Platform modifications or service discontinuation
- Regulatory changes affecting service delivery
- Geographic market changes or route modifications
- Strategic business decisions or partnership changes
15.2.3 Regulatory Requirements (As Required)
- Compliance with federal, state, or local regulatory orders
- DOT, FMCSA, or other agency enforcement actions
- Court orders, legal requirements, or government directives
- Safety emergencies or public welfare concerns
15.3 Effects and Consequences of Termination
Upon account termination, the following occurs:
15.3.1 Immediate Effects
- Platform access and account privileges immediately revoked
- Cancellation of future shipment arrangements and bookings
- Suspension of new broker service assignments
- Notification to affected parties and customers
15.3.2 Active Shipment Handling
- Active Transport Agreements may continue until completion
- Direct Auto Ship coordinates completion of in-transit shipments
- Alternative arrangements made for pending shipments
- Customer service maintained through completion
15.3.3 Financial Settlement
- Escrow funds handled according to existing contractual obligations
- Outstanding fees and charges remain due and payable
- Refunds processed according to applicable policies
- Final accounting and settlement within 30 days
15.4 Data Handling and Retention After Termination
Following account termination:
15.4.1 Personal Information
- Personal data deleted according to Privacy Policy requirements
- Marketing and promotional information removed from systems
- Account access credentials and login information deleted
- User preferences and settings removed
15.4.2 Business and Regulatory Records
- Transportation records retained for federal compliance (3-5 years)
- Communication records maintained for dispute resolution
- Financial records preserved for tax and audit requirements
- Insurance and safety records kept for regulatory compliance
- Legal and litigation records maintained as required
15.5 Survival of Terms and Continuing Obligations
The following provisions survive account termination indefinitely:
- Payment obligations, outstanding fees, and financial responsibilities
- Intellectual property rights, licenses, and proprietary protections
- Limitation of liability, disclaimer, and warranty provisions
- Indemnification obligations and defense responsibilities
- Governing law, jurisdiction, and dispute resolution procedures
- Confidentiality and non-disclosure obligations
- Regulatory compliance and record-keeping requirements
15.6 Post-Termination Restrictions
Following termination, Users are prohibited from:
- Creating new accounts to circumvent termination
- Using third parties to access Platform services
- Interfering with ongoing business operations
- Soliciting Platform customers or carriers
- Misrepresenting prior relationship with Direct Auto Ship
- Using proprietary information or trade secrets
16. Governing Law and Dispute Resolution
16.1 Applicable Governing Law
These Terms and all disputes arising from or relating to the Platform are governed by and construed in accordance with:
- Federal Law: Federal motor carrier regulations (49 CFR) and transportation law.
- State Law: The laws of the State of Utah, without regard to conflict of law principles.
16.2 Jurisdiction and Venue
Any legal action or proceeding arising under these Terms shall be brought exclusively in the state and federal courts located in Salt Lake County, Utah. Users expressly consent to the personal jurisdiction of such courts.
Users expressly consent to the personal jurisdiction of such courts and waive any objection to venue, including claims of inconvenient forum or lack of personal jurisdiction.
16.3 Mandatory Binding Arbitration
Except for the specific exclusions listed below, all disputes, claims, or controversies arising from or relating to these Terms, Platform use, or broker services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
16.3.1 Arbitration Procedures
- Single Arbitrator: Disputes resolved by one qualified arbitrator
- Location: Arbitration proceedings held in Salt Lake County, Utah, unless parties agree otherwise
- Rules: AAA Commercial Arbitration Rules and Procedures
- Discovery: Limited discovery as determined by arbitrator
- Timeline: Expedited proceedings when possible
- Confidentiality: All proceedings and outcomes confidential
16.3.2 Arbitrator Authority and Decisions
- Arbitrator's decision is final, binding, and non-appealable
- Judgment may be entered in any court of competent jurisdiction
- Arbitrator may award damages, injunctive relief, and attorney fees as appropriate
- Arbitrator bound by applicable law and these Terms
16.3.3 Cost Allocation
- Each party bears their own attorney fees and costs unless arbitrator decides otherwise
- AAA filing fees and arbitrator costs shared equally unless arbitrator orders differently
- Prevailing party may be awarded reasonable attorney fees at arbitrator's discretion
16.4 Exceptions to Mandatory Arbitration
The following disputes are NOT subject to mandatory arbitration and may be brought in court:
- Intellectual Property Claims: Patent, trademark, copyright, or trade secret infringement
- Injunctive Relief: Claims seeking emergency or permanent injunctive relief
- Small Claims: Actions within small claims court jurisdictional limits
- Regulatory Violations: Disputes involving federal transportation regulations
- Criminal Matters: Issues involving criminal conduct or law enforcement
- Public Safety: Matters affecting public safety or emergency situations
16.5 Class Action Waiver
ALL PARTIES AGREE THAT DISPUTES MUST BE BROUGHT INDIVIDUALLY AND NOT AS PART OF ANY CLASS ACTION, COLLECTIVE ACTION, MASS TORT, OR REPRESENTATIVE PROCEEDING. This waiver applies to both arbitration and court proceedings.
Specifically prohibited:
- Class action lawsuits or arbitrations
- Collective actions or group proceedings
- Representative actions on behalf of others
- Consolidation of individual claims
- Mass tort or multi-district litigation
16.6 Limitation Period for Claims
ANY CLAIM ARISING FROM PLATFORM USE, BROKER SERVICES, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, regardless of any statute of limitations that might otherwise apply.
Claims accrue when:
- The facts giving rise to the claim are discovered or should have been discovered
- The alleged breach or violation occurs
- The damage or injury is sustained
- The relationship between parties terminates
16.7 Emergency Relief and Temporary Restraining Orders
Notwithstanding arbitration requirements, any party may seek emergency relief, temporary restraining orders, or preliminary injunctions in court when:
- Immediate irreparable harm would result from delay
- Public safety or welfare is at risk
- Regulatory compliance requires immediate action
- Time is of the essence for effective relief
16.8 Severability of Dispute Resolution Provisions
If any portion of these dispute resolution provisions is found unenforceable:
- The remainder shall remain in full force and effect
- Unenforceable provisions shall be modified minimally to achieve enforceability
- Class action waiver remains binding even if arbitration provision is unenforceable
- Individual dispute resolution remains required
17. Miscellaneous Provisions
17.1 Entire Agreement and Integration
These Terms of Service, together with the Privacy Policy and any additional agreements specifically referenced herein, constitute the entire agreement between Users and Direct Auto Ship regarding Platform use and broker services. These Terms supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether written or oral.
17.2 Severability and Enforceability
If any provision of these Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction or arbitrator:
- That provision shall be limited or eliminated to the minimum extent necessary
- The limitation shall be applied to make the provision enforceable
- The remaining Terms shall remain in full force and effect
- The overall intent and purpose of these Terms shall be preserved
- No other provisions shall be affected or impaired
17.3 Assignment and Transfer Rights
Users may not assign, transfer, delegate, or sublicense their rights or obligations under these Terms without Direct Auto Ship's prior written consent, which may be withheld in our sole discretion.
Direct Auto Ship may freely assign these Terms and all rights and obligations to:
- Any affiliate, subsidiary, or related company
- Any successor entity in a merger, acquisition, or sale of assets
- Any third party in connection with business restructuring
- Any entity acquiring Direct Auto Ship's broker authority or operations
17.4 No Waiver of Rights
Failure by Direct Auto Ship to enforce any provision of these Terms, exercise any right, or pursue any remedy shall not constitute:
- A waiver of that provision, right, or remedy
- A waiver of the right to enforce that provision in the future
- A waiver of any other provision, right, or remedy
- A course of dealing or modification of these Terms
All waivers must be in writing and signed by Direct Auto Ship to be effective.
17.5 Force Majeure and Uncontrollable Circumstances
Neither party shall be liable for delays, failures, or inability to perform due to causes beyond their reasonable control, including:
- Natural disasters, severe weather, or environmental emergencies
- Government actions, regulations, sanctions, or legal requirements
- Terrorism, war, civil unrest, or public safety emergencies
- Internet outages, network failures, or telecommunications disruptions
- Labor disputes, strikes, or workforce shortages
- Pandemic, epidemic, or public health emergencies
- Third-party service failures or supply chain disruptions
17.6 Notice Requirements and Communications
All notices, demands, and communications under these Terms must be:
17.6.1 To Users:
- Sent via email to the registered Platform email address
- Posted prominently on the Platform for general notices
- Delivered through Platform messaging system
- Mailed to the address provided in user account registration
17.6.2 To Direct Auto Ship:
- General Inquiries: contact@directautoship.com
- Legal Notices: Must be sent to registered business address
- Regulatory Matters: compliance@directautoship.com
- Emergency Issues: Available through Platform emergency contacts
17.7 Independent Contractor Relationships
Nothing in these Terms creates any employment, partnership, joint venture, agency, or franchiser-franchisee relationship between Users and Direct Auto Ship. All relationships are independent contractor arrangements.
Specifically:
- Carriers are independent contractors providing transportation services
- Shippers are independent customers of broker services
- No party has authority to bind or represent another party
- Each party is responsible for their own taxes, insurance, and compliance
- No employee benefits or protections apply to contractor relationships
17.8 Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights. Only Users and Direct Auto Ship may enforce these Terms. No other parties have any rights or remedies under these Terms.
17.9 Section Headings and Formatting
Section headings, titles, and formatting in these Terms are for convenience and organization only and do not affect the interpretation, meaning, or scope of any provision.
17.10 Electronic Signatures and Digital Acceptance
Users consent to electronic signatures and agree that:
- Electronic signatures have the same legal effect as handwritten signatures
- Digital acceptance through Platform use constitutes binding agreement
- Electronic records satisfy any writing requirements under applicable law
- Digital documentation is admissible evidence in legal proceedings
- Platform-generated records are authentic and reliable
17.11 Language and Translation
These Terms are written and executed in English. Any translations provided are for convenience only, and the English version controls in case of conflicts, ambiguities, or inconsistencies.
17.12 Updates, Modifications, and Amendments
Direct Auto Ship may update these Terms to reflect:
- Changes in applicable laws, regulations, or legal requirements
- New Platform features, services, or business operations
- Enhanced security, privacy, or safety protections
- Clarifications based on user feedback or operational experience
- Industry best practices or regulatory guidance
Material changes will be communicated via email and Platform notifications at least 30 days before taking effect, except for changes required by law or regulation.
17.13 Regulatory Compliance and Industry Standards
Direct Auto Ship operates under comprehensive regulatory oversight and maintains compliance with:
- Federal Motor Carrier Safety Administration (FMCSA) broker regulations
- Department of Transportation (DOT) licensing and bonding requirements
- Interstate Commerce Commission Termination Act provisions
- Truth in Leasing regulations and transparency requirements
- Commercial transportation insurance and financial responsibility rules
- Data protection, privacy, and cybersecurity standards
Regulatory changes may affect service delivery, Platform operations, or user obligations without creating liability for Direct Auto Ship.
17.14 Business Continuity and Succession
In the event of:
- Business sale, merger, or acquisition
- Corporate restructuring or reorganization
- License transfer or regulatory changes
- Operational modifications or service changes
These Terms shall remain binding on successors and assigns, and Users will be notified of any material changes to service delivery or operations.
18. Contact Information and Final Provisions
18.1 Company Information and Regulatory Details
Direct Auto Ship, LLC
USDOT Number: 4442942
MC Number: 01749731
Operating Authority: Property Broker
Business Entity: Utah Limited Liability Company
Primary Business: Licensed Transportation Brokerage Services
18.2 Contact Information for Various Purposes
Purpose | Contact Method | Typical Response Time |
---|---|---|
General Customer Service & Support | contact@directautoship.com | 24-48 hours |
Legal Notices, Disputes & Compliance | contact@directautoship.com | 5-7 business days |
Privacy and Data Protection | contact@directautoship.com | 5-10 business days |
Emergency Transportation Issues | Use the emergency contact system on the Platform | Immediate |
18.3 Business Hours and Availability
- Customer Service: Monday - Friday, 8:00 AM - 6:00 PM Central Time
- Emergency Support: 24/7 through Platform emergency contact system
- Legal Department: Monday - Friday, 9:00 AM - 5:00 PM Central Time
- Compliance Office: Monday - Friday, 8:00 AM - 5:00 PM Central Time
18.4 Mailing Email Address for Legal Notices
Legal Notice Email Address:
contact@directautoship.com
Note: Actual business address available upon request for legal proceedings and regulatory matters.
18.5 Effective Date and Version Information
These Terms of Service are effective as of January 27, 2025 and supersede all previous versions and agreements between the parties.
Version Control:
- Version: 4.0 (Licensed Broker Edition)
- Effective Date: January 27, 2025
- Previous Version: 3.0 (Technology Platform Edition)
- Major Changes: Updated for licensed broker operations, enhanced liability protections, comprehensive regulatory compliance
18.6 Acknowledgment and Acceptance
User Acknowledgment
By using Direct Auto Ship's licensed broker services and Platform, you acknowledge that you have:
- Read and understood these Terms of Service in their entirety
- Agreed to be bound by all provisions, limitations, and obligations
- Understood the risks and limitations of transportation brokerage services
- Consented to binding arbitration and class action waiver provisions
- Acknowledged Direct Auto Ship's liability limitations and disclaimers
- Agreed to indemnification and defense obligations
If you do not agree to these Terms, you must not use the Platform or broker services.
18.7 Regulatory Compliance Statement
Direct Auto Ship operates as a federally licensed property broker and maintains compliance with all applicable transportation regulations. Our broker services are subject to:
- Federal Motor Carrier Safety Administration oversight
- Department of Transportation licensing and bonding requirements
- Interstate commerce regulations and consumer protection laws
- Truth in leasing and transparency requirements
- Financial responsibility and insurance requirements
Final Legal Notice and Binding Agreement
THESE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND A FEDERALLY LICENSED TRANSPORTATION BROKER. BY USING OUR PLATFORM, YOU AGREE TO:
- Resolve disputes through binding arbitration in Salt Lake County, Utah
- Waive rights to jury trials and class action proceedings
- Accept significant limitations on broker liability
- Provide indemnification for transportation-related claims
- Comply with all federal transportation regulations
- Submit to the laws of the State of Utah
Violation of double brokering prohibitions or other material Terms may result in civil and criminal penalties under federal law, immediate account termination, and legal action for damages.
18.8 Document Retention and Availability
Users may:
- Download and retain copies of these Terms for their records
- Request previous versions of Terms for comparison
- Access current Terms at any time through the Platform
- Receive notice of material changes via email and Platform notifications
Direct Auto Ship maintains records of all Terms versions and user acceptances as required by federal regulations and for legal compliance.
18.9 Conclusion
These Terms of Service represent the complete legal framework governing the relationship between Users and Direct Auto Ship's licensed broker operations. They are designed to:
- Protect all parties through clear expectations and obligations
- Ensure compliance with federal transportation regulations
- Provide efficient dispute resolution mechanisms
- Maintain high standards of professional service delivery
- Support safe, reliable, and transparent transportation brokerage
Thank you for choosing Direct Auto Ship for your transportation brokerage needs. We are committed to providing professional, reliable, and compliant broker services while maintaining the highest standards of customer service and regulatory compliance.