Terms and Conditions

Welcome to Convoy Car Shipping!

Convoy Car Shipping is owned and operated by Convoy Car Shipping LLC.

These are the terms and conditions for:

• https://www.convoycarshipping.com

By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “website” refers to the Convoy Car Shipping website, “we”, “us”, “our” and “Convoy Car Shipping” refers to Convoy Car Shipping and “you” “Customer” and “user” refers to you, the Convoy Car Shipping user or Customer.

The following terms and conditions apply to the website and services offered by Convoy Car Shipping. This includes any version of Convoy Car Shipping accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE WEBSITE.

1. DEFINITIONS

Additional Services: Refers to any enhancements or extra services requested by the Customer, including, but not limited to, top loading of the vehicle, guaranteed pick-up dates, covered mode transportation, or transportation of additional personal effects.

Bill of Lading: A document given to Customer by Carrier at the time of delivery, detailing Shipment information, status, Point of Origin and Destination, as well as other relevant aspects of the Order. This document can act as both a receipt and a contract between the Carrier and the Customer.

Carrier: Is defined as a common Carrier of goods by highway, pursuant to 49 U.S.C. §13102(14), with appropriate state and/or federal authorization, or a Carrier of goods by sea under 46 U.S.C. § 30701.

Carrier’s Form: Any type of receipt, inspection report, Bill of Lading, shipping order or similar document provided by the Carrier at the Point of Origin and/or Destination.

C.O.D.: Acronym for “Collect on Delivery” or “Cash on Delivery”, a method of payment in which the Customer pays the cost of the service upon delivery of the Shipment.

Customer: Person, company or organization, including its representatives or agents, requesting transportation of the Shipment.

Customer’s Agent: Person designated by the Customer, over 18 years of age, to act on his behalf or as his representative in matters relating to the service.

Destination: Location designated by Customer for delivery of the Shipment, which may be changed prior to delivery by mutual agreement with Convoy Car Shipping.

Inoperable: Condition in which a Shipment is not functional or drivable for any reason, including, but not limited to, damage or alterations to essential components such as engine, transmission, wheels, steering, brakes, tires, among others.

Convoy Car Shipping: A company acting as a freight forwarder as defined in 49 U.S.C. § 13102(2), which arranges for the transportation of goods through third party Carriers, as authorized by the Department of Transportation (DOT).

Order: Request made by the Customer to Convoy Car Shipping to arrange the transportation of the Shipment.

Order Confirmation: Written communication from Convoy Car Shipping to the Customer, confirming the Order and detailing aspects such as the description of the Shipment, the Point of Origin, Destination, expected dates and estimated rate.

Point of Origin: Location established by the Customer for the collection of the Shipment, which may be modified prior to transport by mutual agreement with Convoy Car Shipping.

Shipment: Refers to Customer’s vehicle or automobile, arranged for transportation under terms agreed upon with Convoy Car Shipping.

These definitions are fundamental for the understanding and correct interpretation of the terms and conditions of the car shipping agent service offered by Convoy Car Shipping.

2. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Convoy Car Shipping. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

Convoy Car Shipping may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

3. AGE RESTRICTION

Our services are intended for and available exclusively to persons who are 16 years of age or older. By accessing or using our services, you represent and warrant that you are at least 16 years of age. We do not knowingly collect information from persons under the age of 16. If we discover that we have received data from a child under the age of 16 without verification of parental consent, we will take steps to delete that information as soon as possible.

4. NOTIFICATIONS AND NEWSLETTER

By providing Convoy Car Shipping with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.

5. AUTO TRANSPORT BROKER SERVICES

Convoy Car Shipping, at Customer’s request, will arrange for the transportation of the Shipment with Carriers operating under the terms and conditions set forth herein. Convoy Car Shipping has full authority to decline or cancel any Order at any time in its sole discretion.

Convoy Car Shipping’s role in this process is concluded once a Carrier has confirmed acceptance of the Customer’s Order. It is important to note that Convoy Car Shipping acts only as an intermediary in the transportation service, without being considered a Carrier of vehicles or a direct provider of transportation of goods. In this sense, Convoy Car Shipping does not assume custody, possession, transportation or handling of the Customer’s Shipment, releasing itself from any responsibility for the same.

With respect to ocean transportation handled by Convoy Car Shipping, such transportation shall also be governed by the specific terms and conditions of the ocean Carrier’s bill of lading, including rates, schedules and regulations. Given the limitation on the Ocean Carrier’s liability coverage for loss or damage, Customer is advised to consult with the Carrier regarding the possibility of obtaining additional insurance for its Shipment.

Convoy Car Shipping agrees to provide the Customer with estimated pick-up and delivery dates. However, delays may occur due to factors such as adverse weather conditions, government regulations, mechanical failure or other circumstances beyond Convoy Car Shipping’s control. Therefore, Convoy Car Shipping does not guarantee exact delivery dates or times, and the Customer agrees that Convoy Car Shipping is not liable for any loss or expense resulting from delays for any reason.

It is the Customer’s responsibility to ensure that all information provided to Convoy Car Shipping is accurate and complete to facilitate an efficient transportation process. Any changes to the information or terms of Shipment after Order confirmation may result in adjustments to transportation costs or logistics.

6. CUSTOMER WARRANTIES

The Customer warrants compliance with all relevant laws, rules and regulations, including, but not limited to, customs, import, export and any governmental regulations in force in the countries from, to, through or over which the shipment is shipped. The Customer is expected to provide all information and documentation necessary to comply with these regulations. Convoy Car Shipping shall not be liable to the Customer or any third party for any loss or expense resulting from the Customer’s failure to comply with these conditions. In addition, any representative, agent or organization acting on behalf of the Customer assures that it has the authority to represent and legally bind the Customer.

7. PAYMENTS

The Customer undertakes to make payment for the services provided by Convoy Car Shipping in accordance with the terms set forth herein and in accordance with the invoice for services issued by Convoy Car Shipping. Payment must be made using the payment methods made available by Convoy Car Shipping and in accordance with the terms set forth in the aforementioned invoice for services.

The Customer agrees to make full payment for each order and for Additional Services as set forth in the order confirmation and in these terms, without right to set-off, refund or discount for any claim, loss, delay or damage, whether existing, pending or not yet filed. Payment for services offered by Convoy Car Shipping is due at the time a Carrier accepts an order, as Convoy Car Shipping’s services are deemed to have been performed at that point.

The remaining amount due to Carrier for payment on delivery (C.O.D.) must be paid, at the latest, at the time of delivery of the shipment. Such payment may be made by cash, certified funds, cashier’s check or money order made payable to the Carrier. It should be noted that personal checks, debit or credit cards will not be accepted for payment to the Carrier.

In the event that the Customer fails to pay any invoice for services rendered by Convoy Car Shipping within the period stipulated in the invoice, such invoice shall bear interest at the rate of 1.5% per month. In addition, the Customer shall cover all costs incurred by Convoy Car Shipping, including reasonable attorney’s fees, for the recovery of any amount due.

In the event Customer refuses payment of charges or does not accept delivery of the shipment from Carrier for any reason, such shipment may be held, all costs to be borne by Customer. In addition, the shipment shall be subject to a lien by the Carrier for transportation costs until the Customer pays the full amount due. The Customer shall bear the entire cost of storage and any subsequent deliveries, and agrees not to claim these costs back from Convoy Car Shipping.

8. ACCURACY OF INFORMATION

The Customer acknowledges and accepts full responsibility for ensuring the accuracy and truthfulness of all information provided, including, but not limited to, the specific details of the vehicle to be transported (year, make, model, body style, upholstery features, etc.), the Point of Origin, the Destination, the established rates and any special instructions reflected on the Order Confirmation. This responsibility also extends to the Carrier’s Form, Bill of Lading and other documents required for the service.

The Customer should be aware that any modification, update or correction to the description of the Shipment or any other aspect of the Order could result in the application of additional fees or, in certain circumstances, cancellation of the Order. In the event of a discrepancy between the vehicle information provided on the Order Confirmation and the actual vehicle to be transported, the Customer waives any and all claims against Convoy Car Shipping for additional charges incurred or cancellation of service.

It is essential that the Customer provide detailed and accurate information from the beginning of the process to avoid misunderstandings, delays or inconveniences during transportation. This includes ensuring that any unique features or special conditions of the vehicle are clearly communicated to Convoy Car Shipping and the Carrier.

Inaccuracy in the information provided by the Customer can not only affect the cost and efficiency of the service, but can also impact safety during transportation. Convoy Car Shipping and the Carrier reserve the right to refuse to transport any vehicle whose description does not match that initially provided or which is in a condition not previously declared.

9. SIZE AND CONDITION OF SHIPMENT

It is the Customer’s obligation to inform Convoy Car Shipping of the exact size specifications and current condition of the vehicle (the Shipment) at the time of booking and prior to the scheduled pick-up date. The Customer must understand and agree that in the event the vehicle becomes inoperable during transit, or if the vehicle is modified from its original factory (“OEM”) condition, including but not limited to non-original spoilers, modified chassis, height alterations, etc., additional transportation fees may apply.

In addition, if the vehicle (i) has been altered with features that do not correspond to its original design, such as lowered chassis, height modifications, etc., (ii) is considered oversized due to items such as double wheels, oversized tires, raised frames or chassis, or (iii) is a special size vehicle, such as a limousine or hearse, Carrier reserves the right to charge additional rates for the transportation of such vehicle or, in certain cases, refuse to perform transportation.

Customer should also be aware that vehicles with special features or non-standard dimensions may require special transportation arrangements and, therefore, may incur additional costs and longer transit times. In such cases, Convoy Car Shipping and the Carrier will endeavor to communicate to the Customer any changes in rates or transportation itinerary as soon as possible.

Any lack of accurate information or changes in the condition or size of the vehicle that are not communicated to Convoy Car Shipping and the Carrier prior to pick-up may result in delays, changes in the conditions of transportation, or even cancellation of the service without refund to the Customer.

10. SHIPMENT PREPARATION

The Customer acknowledges and agrees that it is the Customer’s responsibility to properly prepare the vehicle (the Shipment) for transportation. This involves ensuring that all loose parts or accessories on the vehicle, including but not limited to fragile items such as low spoilers, are removed or firmly secured prior to shipment. In addition, the Customer must remove any non-permanent luggage or external supports that are mounted on the vehicle.

It is essential that the vehicle be delivered to the Carrier in operating condition and with a fuel level not exceeding one-quarter of the tank. This measure is to ensure safety during transport and to comply with vehicle transport regulations.

The Customer must be aware and accept that any damage, loss or claim related to the Shipment, other vehicles and/or persons caused by parts of the vehicle becoming detached or loose during transportation will be the sole responsibility of the Customer. Therefore, it is crucial that the Customer performs a thorough and complete inspection of the vehicle prior to its delivery for transportation.

The Customer is advised to document the condition of the vehicle prior to delivery, including detailed photographs, in order to have a record in case of later disputes. This documentation should clearly show the condition of the vehicle, including interior, exterior and fuel level.

Any failure to comply with these preparation instructions may result in the Carrier’s refusal to accept the vehicle for transport or additional charges to the Customer if the Carrier must make additional adjustments or preparations.

11. ALARM

The Customer is responsible for deactivating any alarm system that is installed on the vehicle constituting the Shipment, prior to its delivery to the Carrier. If Customer is unable to deactivate the alarm, Customer shall provide Carrier with clear and detailed instructions on how to do so.

In the event that the vehicle alarm is activated during transit and the Carrier does not have the keys or precise instructions on how to deactivate it, the Carrier is authorized to silence the alarm using any means it deems reasonable and safe, without any liability or legal recourse on the part of the Customer.

The Customer must understand that activation of the alarm during transportation may cause delays and possible inconvenience to both the Carrier and other shipments in transit. It is therefore essential to ensure that the alarm is deactivated or that adequate instructions have been provided to avoid such situations.

Further, the Customer agrees that any damage caused to the vehicle or alarm system as a result of the necessary deactivation of the alarm shall not be the responsibility of the Carrier. The Customer shall assume all liability for any consequences resulting from failure to comply with this clause, including but not limited to, costs associated with the repair or reinstallation of the alarm system.

12. PERSONAL PROPERTY

The Customer has the option to include in the Shipment a suitcase OR a bag containing personal items, provided the total weight does not exceed one hundred pounds (100 lbs.) and these items are placed in the trunk or storage area of the vehicle. It is imperative that the Customer advise Convoy Car Shipping and the Carrier of the presence of such personal property in the Shipment at the Point of Origin prior to loading the Shipment.

The Customer should be aware that the Carrier reserves the right to refuse any personal property included in the Shipment if it deems its transportation to be unsafe or in violation of any applicable legal regulations. Therefore, the Customer is strongly advised not to leave valuables such as negotiable instruments, legal documents, jewelry, leather goods, cash, coins, antiques or any other items of significant value in the Shipment.

The Customer must understand and agree that neither Carrier nor Convoy Car Shipping assumes any liability for loss, theft or damage to personal items of any kind and value left in the Shipment. Further, they shall not be liable for damage to the vehicle which may be caused by excessive or improper loading of such personal items. Should the Customer decide to include personal items in the Shipment, the Customer does so at its own risk.

It should be noted that any damage resulting from the presence of personal belongings in the vehicle during transportation, either to the vehicle itself or to the goods, shall be the sole responsibility of the Customer. The Customer shall also be responsible for any legal consequences resulting from the inclusion of prohibited or restricted items according to applicable laws.

13. RESPONSIBILITIES OF THE CARRIER

The Carrier shall arrange for the collection and delivery of the Customer’s shipment at a location as close as possible to the Customer’s designated point(s) of origin and destination, in compliance with legal regulations and safety measures. In addition, the Carrier shall ensure that the shipment is transported in a manner that is considered commercially appropriate.

The Carrier has the discretion to provide a Carrier’s form, receipt or bill of lading at the point of origin or destination. It is the responsibility of the Customer, or its representative, to carefully review these documents, as they may establish an agreement of carriage between the Customer and the Carrier. In case of questions or discrepancies regarding these documents, the Customer should contact the Carrier directly.

It is the responsibility of the Customer to understand that it is subject to the Carrier’s regulations and tariffs, including its terms and conditions. To access these documents, the Customer must request them directly from the Carrier.

14. SHIPMENT BY SEA

The Customer acknowledges and agrees that during the sea transportation of the Shipment, no personal property of any nature or value will be allowed, nor will illegal goods be accepted. It is the Customer’s obligation to ensure that the Shipment (in this case, the vehicle) is completely empty, with the exception of original factory equipment (OEM) or those installed by the manufacturer.

The Customer shall be responsible for providing all documentation and completing the necessary paperwork required by both U.S. and international customs. This includes the obligation to declare the vehicle identification number (VIN) and its approximate value in U.S. dollars at the time the Order is placed.

In the event that the point of origin or destination is a seaport, the Customer shall be responsible for the payment of port charges and any other additional charges that may be incurred. These additional costs will be informed to the Customer in advance and must be covered as part of the requirements for shipment processing.

The Customer also agrees to comply with all maritime and safety regulations applicable to the transport of vehicles by sea, including but not limited to, safety and environmental protection regulations.

In the event of damage to the vehicle that is not caused by the Customer’s failure to comply with these conditions, the Forwarder agrees to handle the necessary claims with the shipping company, provided that such damage is reported in a timely manner and properly documented at the time of receipt of the vehicle.

15. PROHIBITED ITEMS

The Customer agrees not to include in its shipments any prohibited items. Prohibited articles include, but are not limited to, explosives, firearms, ammunition, flammable or combustible items, illegal drugs, narcotic substances, alcoholic beverages, live animals, live plants, radioactive materials, contraband and any other merchandise that is illegal under applicable laws at the points of origin, transit and destination.

The Customer acknowledges and agrees that the inclusion of any such prohibited items in its shipment may result in the confiscation or removal of the shipment by the appropriate authorities or the shipping service. In such a situation, Customer shall not be entitled to any remuneration or compensation of any kind from the shipping service.

The Customer shall be solely responsible for all legal consequences, including but not limited to fines, penalties and legal actions, arising from the breach of this clause. The shipping service reserves the right to refuse, cancel or stop any shipment containing or suspected of containing any of the above items without incurring any liability to the Customer or any third party.

16. SHIPMENT PICKUP AND DELIVERY

Customer understands and agrees that due to various circumstances such as municipal zoning restrictions, road conditions or closures, the presence of trees or low wires, narrow streets, or restrictions in residential areas, it may be necessary to change the point of origin and/or destination.

In the event that Carrier encounters difficulties in accessing the point of origin or destination, Customer agrees to arrange a rendezvous at an alternate location that will allow Carrier to safely pick up or deliver the Shipment.

Customer or an Agent designated by Customer must be present at both the Point of Origin and the Destination for pickup and/or delivery of the Shipment, especially if Customer cannot be available for any reason.

At the time of pickup at the Point of Origin, both Customer and Customer’s Agent are expected to conduct a detailed inspection of the Shipment in conjunction with Carrier to identify any pre-existing damage. This review includes: a) noting all pre-existing damage on the Carrier’s Form or Bill of Lading, b) signing such document, and c) requesting a copy of the same from the Carrier. In addition, Customer or its Agent is strongly advised to take photographs of the Shipment from various angles at the Point of Origin.

When the Shipment arrives at its destination, the Customer or its Agent must conduct a thorough inspection in the presence of the Carrier to identify any damage that may have occurred during transit. It is important that any new damage be clearly recorded as an exception on the Bill of Lading. Subsequently, the Customer or his Agent must sign the Bill of Lading and request a final copy of this document, which will be signed by the Carrier and will serve as a conclusive report on the status of the Shipment, particularly useful in the event of a dispute with the Carrier. It is again recommended that the Customer or his Agent take photographs of the Shipment from different angles before signing the Bill of Lading.

Customer acknowledges and agrees that, if it or its Agent signs the Carrier’s Form or Bill of Lading at destination without indicating damage, this action shall be deemed confirmation that the Shipment has been received in satisfactory condition. This is valid regardless of light or weather conditions present during the inspection. In such case, neither Convoy Car Shipping nor the Carrier shall have any additional liability with respect to the Shipment.

17. CLAIMS FOR LOSSES, DAMAGES OR DELAYS

Convoy Car Shipping acts as a property transportation broker and, therefore, assumes no liability for loss of cargo or claims for damages of any kind.

The Customer acknowledges and agrees that, should a claim arise in connection with the loss of or damage to a shipment, the responsibility for dealing with such claim rests solely with the Carrier that transported the shipment, and not with Convoy Car Shipping. Therefore, it is the Customer’s duty to address all relevant claims directly to the Carrier.

In the event that Customer chooses to file a claim against the Carrier, it is imperative that Convoy Car Shipping be notified immediately of such claim, and this must occur no later than forty-eight hours after delivery. This prompt communication is essential in order for Convoy Car Shipping to be able to provide the Customer, in a commercially appropriate manner, with all relevant documentation associated with the Carrier.

The Customer should be aware and understand that claims directed at inland Carriers are governed by federal law, specifically by the Carmack Amendment to the ICC Termination Act of 1995, under 49 U.S.C. §14706. On the other hand, claims involving ocean Carriers are generally subject to the Carriage of Goods by Sea Act, codified at 46 U.S.C. §30701. The Customer is advised to seek independent legal advice in the event that a claim is required, at the Customer’s expense.

Convoy Car Shipping and the Carrier are not responsible for any loss or damage to cargo resulting from actions or inactions beyond their control. This includes, but is not limited to, damage arising from adverse weather conditions such as hail or storms, as well as other force majeure events, civil disturbances, strikes, political strife, terrorist acts, parts of the cargo that are loose, worn or broken, or any personal items included in the shipment.

18. CANCELLATIONS AND REFUNDS

The Customer has the option to cancel the services at any time without incurring any cancellation costs or fees, provided that a Carrier has not yet agreed to provide the service. However, if cancellation occurs for any reason once the Carrier has agreed to provide service, including situations such as cancellation by the Customer, cancellation of service by Convoy Car Shipping due to Customer’s failure to comply with these terms, or if the Carrier is prevented from picking up the shipment for any cause upon arrival at the point of origin, Customer will be charged a cancellation fee of at least $249.00. This is because Convoy Car Shipping’s services are deemed to have already been rendered at that time. In addition, the Customer should be aware and agree that it may be subject to additional cancellation charges, which may include, but are not limited to, a no-load fee imposed by the Carrier and other vendors contracted to perform the service to the Customer.

The Customer will only receive a refund for the services that were not performed. In cases where Additional Services have been paid for but not performed for any reason, as long as the shipment has been delivered, the Customer may only claim a refund for the portion of the Additional Services that were not performed.

To cancel a service, the Customer must do so in writing by sending an email. Convoy Car Shipping will not accept cancellations made by phone calls, text messages, chat or any other means other than email.

19. LIMITATION OF LIABILITY

Convoy Car Shipping, in its capacity as transportation agent, assumes no direct responsibility for damage, loss or any other type of damage that may occur during the transportation of the Shipment. As agent, our role is limited to arranging and coordinating the transportation of vehicles by third party Carriers.

The Customer acknowledges and agrees that Convoy Car Shipping’s responsibility is limited solely to the selection of competent and duly licensed Carriers. Once the Shipment has been accepted by the Carrier and delivered for transportation, all liability for damage, delay, loss or any other incident shall be borne directly by the Carrier.

Convoy Car Shipping shall not be liable for:

• Damage caused to or loss of the Shipment while in the custody of the Carrier.
• Delays in delivery of the Shipment caused by factors beyond Convoy Car Shipping’s control, including but not limited to adverse weather conditions, mechanical problems, government regulations or customs delays.
• Indirect, incidental, special, punitive or consequential damages, including but not limited to lost profits or business interruption, arising out of the use or inability to use the transportation service.
• Claims related to personal contents left inside the vehicle during transportation.

The Customer shall address any claim for damage, loss or other damages directly to Carrier in accordance with the terms and conditions set forth in the Bill of Lading and other applicable regulations.

20. COPYRIGHT

All materials on Convoy Car Shipping, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Convoy Car Shipping or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on Convoy Car Shipping are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Convoy Car Shipping prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Convoy Car Shipping or any part of the material for any purpose other than its intended purposes is strictly prohibited.

21. COPYRIGHT INFRINGEMENT

Convoy Car Shipping will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Convoy Car Shipping respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information: 

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Convoy Car Shipping can find it on the website.
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.

22. PERSONAL DATA

Any personal information you submit in connection with the services and use of the website will be used in accordance with our privacy policy. By using the services, you agree that we may collect and store your personal information. Please see our privacy policy.

23. PROHIBITED ACTIVITIES

The following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission.
• “Frame”, “mirror” or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Convoy Car Shipping in connection with the services.
• Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.
• Download any content unless it’s expressly made available for download by Convoy Car Shipping.

24. DISCLAIMER OF WARRANTIES

Because of the nature of the Internet Convoy Car Shipping provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Convoy Car Shipping for any loss or damage caused as a result.

Convoy Car Shipping shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Convoy Car Shipping excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Convoy Car Shipping and Convoy Car Shipping shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the website.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the websiteor service purchased through the 
• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Convoy Car Shipping.
• All representations, warranties, conditions and other terms which but for this notice would have effect.

25. ELECTRONIC COMMUNICATIONS

Convoy Car Shipping will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.

26. INDEMNIFICATION

You agree to defend and indemnify Convoy Car Shipping from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the services.

27. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and Customers. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

28. NO PARTNERSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Convoy Car Shipping as a result of these terms or your use of the services.

29. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Convoy Car Shipping, shall constitute the entire agreement between you and Convoy Car Shipping concerning and governs your use of the website and the services.

30. ARBITRATION

Disputes, controversies or claims between the parties, whether relating to these Terms, an Order, Convoy Car Shipping’s services, or any other obligation of the Customer to Convoy Car Shipping, shall be settled through binding arbitration, thereby avoiding resolution in conventional courts. However, there are exceptions where the Customer or Convoy Car Shipping may: (1) go to small claims court if the claims are admissible in such a context, and (2) initiate legal action in competent courts to prevent infringement or misuse of intellectual property rights, including seeking temporary restraining orders. The arbitration will be governed by both the Federal Arbitration Act and the relevant federal arbitration laws.

Unlike a court proceeding, arbitration does not involve the presence of a judge or jury and the chances of judicial review of an arbitration award are reduced. However, the arbitrator has the power to award remedies and damages similar to those that a court might award, including injunctive relief and declaratory or declaratory judgments or statutory damages.

Before proceeding with arbitration, the Customer must, at least thirty (30) days in advance, submit to Convoy Car Shipping a detailed, personally signed letter specifying the legal claims, the relief requested and requesting arbitration. This letter should be sent to Convoy Car Shipping – 901 H St Ste 120, Sacramento, CA 95814 via certified courier service requiring signature upon receipt. Convoy Car Shipping will follow a similar procedure, using email if it does not have a physical address for the Customer.

Arbitration shall be conducted under the rules of the National Arbitration Mediation (“NAM”), including those for consumer disputes, unless otherwise specified herein. Both Customer and Convoy Car Shipping grant the arbitrator the power to decide whether to arbitrate. Administrative and arbitration costs will be determined in accordance with NAM rules, with the complaining party responsible for filing fees. If the Customer wins, the Customer may seek reimbursement of its expenses. Conversely, Convoy Car Shipping may seek reimbursement of legal fees if the arbitration declares the Customer’s claims to be unfounded. The arbitration shall be conducted by a single arbitrator and may be conducted by telephone, in writing or in person in the Customer’s county or other agreed upon location.

If multiple disputes arise regarding the same or similar matters, they will be arbitrated in the order in which they arose, provided they are all resolved within three (3) years. This arbitration agreement shall continue in effect even after the termination of these terms.

31. JURY TRIAL AND SMALL CLAIMS COURT

In the event that any claim must be resolved in a court of law rather than through arbitration, both parties agree to waive the right to a jury trial. In addition, both the Customer and Convoy Car Shipping have the right to bring claims in competent courts to prevent infringement or misuse of intellectual property rights, including seeking temporary injunctive relief.

32. CALIFORNIA CONSUMERS AND THEIR RIGHTS.

Pursuant to California Civil Code Section 1789.3, California consumers have the right to file complaints and grievances. Complaints may be directed to the Complaint Assistance Unit of the Consumer Services Division of the California Department of Consumer Affairs. Complaints may be sent in writing to 1625 North Market Blvd, Suite N 112, Sacramento CA 95834, by calling (916) 445-1254 or (800) 952-5210, or by emailing dca@dca.ca.gov.

33. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically those of the State of DE. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of DE. This applies unless binding arbitration is agreed to under the applicable section.

34. MISCELLANEOUS

The relationship between Customer and Convoy Car Shipping, under these terms or the use of Convoy Car Shipping’s services, does not establish a partnership, joint venture, or employee-agent relationship between the parties. Nor shall either party be permitted to act or hold itself out as such. Both parties lack the authority to create commitments, responsibilities or obligations on behalf of the other, each remaining an independent contractor and responsible for its own actions.

The Customer is not authorized to transfer any of its rights under these terms without the prior written consent of Convoy Car Shipping. These terms are binding upon and inure to the benefit of both parties, as well as their successors and permitted assigns.

In the event that any provision of these terms is declared by a court of competent jurisdiction to be unenforceable or invalid, such provision shall be modified or deleted as little as necessary to ensure that the remainder of the terms remain in full force and effect.

These terms supersede any prior agreements, whether written or oral, between Customer and Convoy Car Shipping, constituting the entire agreement between both parties. Only Convoy Car Shipping may modify these terms. The Customer acknowledges that he/she has read and fully understands these terms and agrees to comply with them in full by proceeding with the transaction.

The Customer agrees not to raise any claim or defense alleging that it did not read, is unaware of or does not understand these terms, waiving any argument based on this line.

Convoy Car Shipping’s failure to act to enforce its rights or provisions of these terms shall not be construed as a waiver thereof. Any waiver by Convoy Car Shipping of these Terms will only be effective if in writing and signed by an authorized representative of Convoy Car Shipping.

Convoy Car Shipping reserves the right to mention the Customer, as well as to use its name and Convoy Car Shipping’s trademarks and logos, to identify the Customer as its customer in marketing or promotional activities, including postings on Convoy Car Shipping websites and in materials directed to current or prospective customers, partners and investors. If the Customer prefers not to be included in these references, the Customer must communicate this by sending an email through Convoy Car Shipping’s contact channels, specifically requesting not to be used as a reference.

These terms represent the entire agreement between the Customer and Convoy Car Shipping, covering all conditions of the Customer’s use of our services. This agreement supersedes any prior or contemporaneous communications or proposals, whether electronic, oral or written, regarding the aforementioned services. In addition, the Customer may be subject to additional terms, policies (including the Privacy Policy), guidelines or rules applicable to the Customer’s use of Convoy Car Shipping’s services.

35. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below:

Convoy Car Shipping LLC

901 H St Ste 120, Sacramento, CA 95814

info@convoycarshipping.com

717-227-7447