1. Important - read carefully. You may only access and use this web site according to these Usage Terms and Conditions. If you do not agree to these Usage Terms and Conditions, do not use any portion of the Site. The Site is operated by Auto Transporters Online, Inc. ("ATO"). ATO reserves the right to revise these Usage Terms and Conditions at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time.
2. Nonexclusive Usage. We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use. You may use the Site only as intended by ATO.
3. Your Communications, Content and Other Actions. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without our express written permission. You agree that you will not use the Site for chain letters, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list. Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (x) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (y) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (z) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any ATO employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) constitutes or encourages the conduct of a criminal offense; (iv) gives rise to liability; (v) promotes the use of controlled substances; (vi) causes injury of any kind to any person or entity; (vii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (viii) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (ix) creates a link to another Site.
4. Usage and Monitoring. While ATO has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, ATO reserves the right to delete and take other appropriate action with respect to such messages, information or files which ATO, in its sole discretion, deems objectionable or otherwise in violation of these Usage Terms and Conditions of Usage, including denying access to the Site to anyone at anytime. All persons are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing.
6. Trademark Notice. "ATO," "Auto Transporters Online, Inc." and other related marks are trademarks and service marks of ATO and are protected by law. They may be used publicly only with permission from ATO. Fair use of the trademarks and service marks requires proper acknowledgment. ALL RIGHTS RESERVED.
7. Copyright Notice; Ownership. All materials on or used on the Site are protected by copyright, and owned or controlled by or licensed to ATO. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL IS PROHIBITED. Except as expressly set forth herein, ATO does not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secret information. Reproduction, copying, or redistribution of materials on the Site for commercial purposes without the written consent of ATO is expressly prohibited.
8. Email May Not Be Used to Provide Notice. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to ATO or any of its officers, employees, agents or representatives, such as where notice to ATO is required by contract, or any federal, state or local laws, rules or regulations.
9. Links to Other Sites and/or Materials. Links may appear on the Site that may be used to link to other Site(s). These links are provided as a courtesy to our Site visitors. ATO has no control over the linked Sites or the materials, information, goods or services available or contained on these linked Sites. ATO is not responsible for and does not endorse or warrant in any way any materials information, goods or services available through such linked Sites or any privacy or other practices of such Sites. If you decide to access any of the linked Sites, you do so entirely at your own risk. ATO reserves the right to terminate any link at any time.
10. Malfunctions and Viruses. You are responsible for notifying ATO of any malfunctioning of the Site. If you encounter problems, notify ATO. ATO will within a reasonable period of time after written notification from you investigate and attempt to remedy the cause of any malfunction of the Site that is within ATO's control. ATO is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site.
11. Disclaimer; Limitation of Damages.
(a) THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE SITE OR ACCESSED BY MEANS THEREOF) IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ATO MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL ATO, ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE'S CONTENT BE LIABLE FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE, FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES, OR FOR ANY ACTUAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS AND INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE SITE.
(b) Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. ATO reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither ATO nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
(c) ATO SHALL HAVE NO LIABILITY WITH RESPECT TO ATO'S OBLIGATIONS UNDER THESE USAGE TERMS AND CONDITIONS OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF ATO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
12. Indemnification. You agree to indemnify and hold ATO and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Usage Terms and Conditions of Usage, or the infringement by you of any intellectual property or other right of any person or entity.
13. Applicable Laws. ATO operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action brought in connection with the Site or Site content shall be brought in either the state or federal courts with jurisdiction in San Diego County, California.
Payment - I hereby authorize ATO to charge my debit or credit card to pay for the deposit, which will be deducted from total cost. Balance due goes to trucker COD. Balance due is to be paid directly to the trucker upon delivery. I will not request a charge back to my credit/debit card for any reason as per these contracts. I have read same, understand them, and agree to comply with them and have a copy of the terms and conditions. I realize that ATO is not liable in the event of damage done by trucking company, that the trucking company is, or for late delivery or non-delivery of vehicle(s) or for reimbursement for car rentals or expenses while awaiting vehicle. ATO and trucker make no guarantee regarding pickup or delivery times, days or dates. I agree that I will not under any circumstances request a charge back on my debit/credit card for any issue that the trucking company is responsible for, i.e. late delivery, possible damage done to vehicle, non-use of vehicle, etc. Also I will not request a chargeback to my credit/debit card due to double booking on my part with multiple companies for the same shipment(s), or for the failure of vehicle to be picked up by a certain day, date or time. I realize that ATO will use its best offorts to move my vehicle as close as possible to the date and times I want. It is ATO's desire to make this move expeditious, safe, and stress free.
Booking Order Terms and Conditions
Whereas client, hereinafter referred to as "shipper," wants to have vehicle shipped and whereas ATO (MC556240) hereinafter referred to as "broker" is a U.S. government
licensed transportation broker, the following is hereby agreed to between the parties: Broker is authorized to act on Shipper's behalf in placing order to ship owner's
vehicle with a trucker of broker's choice. Said trucker will deliver from your pickup (or close to it) and deliver to your destination (or close to it), but does not guarantee any
particular route, truck, vehicle's placement on truck or exactly when, how long or how soon pickup or delivery is to be accomplished.
1. The persons listed at point of pickup and delivery are either legal owners of vehicle(s) to be shipped or hereby appointed agent(s) by the Shipper, for the purpose of releasing or accepting vehicle(s) and approving and/or paying charges. All liability of any nature regarding shipment is the sole responsibility of the actual trucking company which physically moves the vehicle. The trucking company carries all the required insurance except for private property insurance. All have agreed to pay the deductible in case of a claim. Broker is not liable for any insurance claim of any nature whatsoever. Broker is hereby held harmless and indemnified by Shipper for any action or inaction of trucking company. Shipper understands that shipment is subject to all the terms, conditions and exemptions from liability specified on the trucker's bill of lading given and signed at pickup and delivery by the shipper and the trucking company which actually moves the vehicle. All damage claims are the responsibility of and must be handled directly with the trucking company. Shipper releases trucking company from any damage claims unless damage is duly noted and signed by trucking company and Shipper or Shipper's Agent on bill of lading at delivery.
2. DUE TO THE NATURE OF THE VEHICLE SHIPPING BUSINESS, NO TRUCKING COMPANY CAN GUARANTEE ANY SPECIFIC PICKUP OR DELIVERY DATE, DAY OR TIME, ROUTE OR PLACEMENT ON TRUCK.
3. Upon pickup and delivery, Shipper and trucker will examine vehicle and both sign a bill of lading/condition report prepared by the trucker. All physical damage must be noted. In the event your vehicle becomes inoperable at any point, trucker is authorized to have vehicle towed and will be reimbursed by owner C.O.D. If the vehicle is non-operational at the time of placing the order and we are unaware of this fact, or if it becomes non-operational during the shipment, an additional non-op fee of $150.00 will be required. The balance due trucking company must be paid in cash, or cashier's check (if pre-approved by trucking company), at delivery regardless of any damage claim. Such payment will be without prejudice to shipper's rights or remedies at law. Payment to the driver of the balance due without notation of any damage will release trucking company of any liability and will be evidence of a satisfactory delivery. Trucking company is hereby authorized to drive vehicle if necessary for the purposes of loading and/or unloading, pickup and/or delivery to or from truck, or to or from Shipper's home. Shipper must have valid and current insurance throughout course of transaction unless vehicle will not be on public roads. In the event there is no insurance trucker and broker will not be liable for any damage and owner hereby relinquishes right to any claim as well as indemnifies both the trucking company and broker from same. Shipper hereby irrevocably waives right to stop payment on check or cancel credit card payment for broker's service in the event of late delivery or for any damage caused to vehicle by trucking company. No personal effects are to be in the vehicle unless trucker allows it and contents will not be insured unless you insured it. Under no circumstances will broker or trucking company be held liable for loss of personal items.
4. Shipper or Shipper's agent will make all reasonable efforts to arrange to meet with the trucking company to load or unload the vehicle at a safe and legal location, whether or not exact door-to-door service is contracted for. Car must roll steer and brake to be shipped. Shippers assert that it does. Weight restrictions, local ordinances, CCR's, low hanging trees and utility wires, small winding roads and numerous other obstacles may make it dangerous or impossible to pickup or deliver your vehicle exactly to your door, even though it's officially "door to door" service. If we can not get close to your home, we may ask you to meet the driver elsewhere. It's still considered to be door to door service as contracted for. If additional charges can not be paid to the trucking company at time of delivery, Shipper may be required to go to the trucking company's appointed representative or storage facility to pickup vehicle and pay the shipping balance and storage charges, if any, before the vehicle will be released. Obligation will be considered fulfilled by broker once pickups and deliveries are attempted. Repeated attempts to deliver may or may not be made depending on trucking company's schedule as other deliveries need to be made and you could be charged again for re-dispatch. In the event you or your agent has to leave before pickup or delivery is made, you agree to appoint another person (agent) and/or supply us with another address where trucking company can pickup or deliver vehicle in case truck is running late or you or your agent is not available to release or receive vehicle. In the event the vehicle is left for pickup by trucker and no one is available to sign for, inspect and release said vehicle, then no claim for damage can be ascertained and no claim will be made against trucking co. On oversized or over-equipped vehicles there is a higher fee. We will tell you the amount, if any, when we initially quote you. If this amount is not quoted initially because we were unaware your vehicle was oversized or has special equipment, or it was just your oversight, or if you switched vehicles at time of pickup and we then subsequently find out that the vehicle is oversized or has special equipment, then you will be required to the pay an adjusted charge directly to the trucking company upon delivery. Please inquire.
5. Rates are subject to change without notice. If the rate changes, you may cancel your order with no admin fee due us or we will redo your contract to reflect said change. This is not to be construed as bait and switch as you may have a full refund at your option. If you do not promptly release your vehicle to our assigned trucker for any reason, the full admin fee will be considered earned. There may be cases where the shipper or broker does not feel the car is moving fast enough. You have been offered all three levels of service. If you have purchased the least expensive (economy) rate, or the middle rate, we may ask you if you want to upgrade the service to a faster service. The car should move faster at the higher rate as the trucker will be paid more money. If you want to do this to expedite your move, a portion of the extra money will be paid by you to the driver directly COD. You are under no obligation to do this. This is not to be construed as bait and switch as you do not have to change your level of service. It's your choice. We will always try to move your vehicle for the amount originally contracted. Upon receipt of your order the work will commence immediately. We will not charge your credit card until we dispatch your car to a trucker. Broker will, if requested by you in writing, after 21 business days, cancel your order without charging the entire admin fee. You irrevocably agree that if you cancel your order in less than 21 business days the full admin fee will have been earned and we will be entitled to charge the admin fee. The admin fee is the amount we earn for our services, working on your order to get your vehicle placed with a trucker such as posting on web sites and dealing with truckers, setting up a file, etc. Once we receive your order we go to work immediately for you. Only your cancellation would cause us to stop working. The full admin fee which is our fee for working on your order will have been earned immediately upon it's receipt by us no matter how far along the process is if you cancel in less than 21 business days (unless we have agreed to any other arrangement in writing), because we have administrative duties which commence immediately upon receipt of your order. Further, you agree that no verbal guarantees of any pickup or delivery times have been made. Further you agree not to institute or join in any legal proceedings of any nature against broker regarding your freely relinquished and retained cancellation fee. If trucking company attempts pickup or delivery, but Shipper will not release or accept delivery of vehicle for any reason, the full shipping charge will at that point be considered fully earned. If trucker is still available to accomplish service, customer may have to pay for the additional pickups or deliveries again. Please do not double book your shipping order with other companies. If another trucking company not assigned by us to pickup your vehicle, picks up your vehicle while we have your order, your full admin fee will be charged. In the event our trucking cost decreases in any transaction we are allowed and hereby authorized to subsequently increase the admin fee or deposit later on, provided the COD is reduced by the same amount. It is difficult to determine exact truckers costs as they change frequently. We are hereby authorized to increase the amount of the check or credit card charge you authorized us as the admin fee, provided that the COD is reduced by the same amount, so that the total amount for shipping stays the same. In the event we raise the deposit amount above what you are initially charged you and you end up canceling your order with no refund due you, the amount of the original deposit will be charged, not the increased amount.
6. All terms and conditions of this transaction are included herein on this page, the shipping order page and the credit card/check authorization page. Please make no changes, whiteouts or cross-outs without prior approval as they will not be considered accepted or even acknowledged by us unless initialed. The car will be shipped and the contract will be valid as if changes did not occur. No oral representations have ever been made. Any changes to this transaction must be in writing and initialed to by both parties. This agreement supersedes any other agreements regarding this transaction, whether verbal or written. In the event of a breach or a perceived breach in this agreement, the perceived acceptance of said breach, or if said breach is not cured, this does not invalidate the balance of this agreement. Shipper acknowledges corporate identity as Auto Transporters Online. In the event of a lawsuit being filed all court cost and attorneys fees will be paid to prevailing party. Any lawsuit against us must be filed in small claims court in San Diego, California. Shipper relinquishes any rights to jurisdiction in any other venue or state other than San Diego County.