BLUE BLOODHOUND TERMS AND CONDITIONS OF USE
Last Updated: February 8, 2017
These Terms and Conditions of Use and all other legal documents incorporated by reference (collectively, the “Terms”) set forth the legal contract between each end user ("User" or "you" or “your”) and Blue Bloodhound, LP, and its affiliates and subsidiaries (“we” or “our”) with respect to access to and use of our Services (defined below) through our BLUE BLOODHOUND mobile application and website and any associated software (collectively, the “Site”). Some of Blue Bloodhound’s other sites, applications, products, services and tools may have additional terms that we provide to you when you use those sites, applications, products, services or tools.
As used herein, the following capitalized terms not otherwise defined in these Terms shall have the meanings set forth as follows:
“Content” means all data, information, text and other materials uploaded, downloaded, appearing on or transmitted using the Site or Services, whether by Blue Bloodhound or a User.
“Driver” means an independent third-party individual who receives transportation requests via the Site and/or renders the Driving Services.
“Driving Services” means the transportation services, as provided, made available, offered or rendered by Driver to Transportation Company through use of the Site.
“Feedback” means any information you provide to us about the Site or Services, as a comment or evaluation.
"Services" means any and all services, tools, software, developer platform functionalities, mobile applications, and functionalities as may be provided by or on behalf of Blue Bloodhound through the Site from time to time.
“Transportation Company” means a third-party individual or entity who (i) uses the Site and Services, including any employees, contractors, agents and representatives of such entity, in order to request and/or accept Driving Services.
“User” means “you,” the user of the Site and Services, whether you are a visitor (“Visitor”) to the Site, a Driver or Transportation Company.
II. THE SERVICES AND TOOLS
A. The Services
Blue Bloodhound is the developer of the Site and the Services. The Services constitute a technology platform that enables Transportation Companies to arrange and schedule transportation services with Drivers. You agree and acknowledge that Blue Bloodhound does not provide transportation or logistics services and does not function as a transportation carrier. It is up to Driver to decide whether or not to offer Driving Services to Transportation Company through the Site, and it is up to Transportation Company whether or not to accept the Driving Services from any Driver through the Site. Any decision made by you to offer or accept Driving Services through the Site is a decision made in your sole discretion.
B. Access to Services and Tools
For so long as you agree to these Terms and abide by them, you may use the Site and Services. These Terms apply to all Users of the Site and/or the Services. Subject to compliance with these Terms, we grant you a limited, non-exclusive, nontransferable, revocable, personal license to download, install and operate any tools, software, scripts, video, data feeds and any other copyrightable content that we may from time to time have specifically identified within the Site as available for download and subject to the terms of the license accompanying such tools (collectively, “Tools”). As such, you agree that in addition to these Terms, the Tool(s) may be subject to additional licensing terms available to you upon download. You understand that if, upon download of any Tool(s), you are prompted to additional terms applicable to such Tool(s) you must review and accept such additional terms before we allow you to proceed with your download. Please read any additional terms carefully.
Visitors may browse the Site in accordance with these Terms, but will not have full access to the Services (which may include, but are not limited to, contributing or viewing Content or downloading Tools) without first becoming a registered Driver or Transportation Company. In order to use the Services available to a Driver or Transportation Company, You are required to set up an “Account” directly with Blue Bloodhound. When You set up an Account, You are required to complete a personal profile, which may include, but is not limited to, information such as your full name, email address, date of birth, physical address, contact phone number, company profile, qualifications and skills, driver’s license number, motor carrier number, photo, and financial information, such as credit card information and bank account information. The account information and profiles submitted by Driver and Transportation Company are subject to review, audit, approval and acceptance by Blue Bloodhound. You are also required to select a user ID and password to access the Services. Blue Bloodhound has the sole authority and discretion whether or not to permit you to access the Site as a Driver or Transportation Company.
You are solely responsible for any and all use of Your Account and all activities that occur under or in connection with it. You agree (i) to be responsible for any act or omission of any users accessing the Site or Services under your Account that, if undertaken by you, would be deemed a violation of these Terms, and (ii) that such act or omission shall be deemed a violation of these Terms by you. Please notify us immediately if you become aware that Your Account is being used without authorization. You agree not to register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so. Individuals and/or entities whom access to the Site or use of the Services have previously been terminated by Blue Bloodhound may not register for a new account, nor may designate other individuals to use an account on its or your behalf. Unless otherwise permitted by Blue Bloodhound in writing, you may only possess one Account.
You agree to register using your real name and you agree that any information you submit about yourself is truthful and accurate. You warrant and represent that all information you provide to us as part of your registration is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. You agree to keep all payment information up-to-date in order to enable our third-party payment processor to issue payments from Transportation Company to Drivers, as applicable. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate your access to the Account, Site or Services (or any portion thereof) and any license(s) to the Tools.
E. Mobile Services/Applications, Text Messaging and Geolocation Services
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from us at any time by changing your preferences in your Account settings. You acknowledge that opting out of receiving text (SMS) messages may impact your use of and limit your ability to use the Services.
We may collect geolocation data for purposes of facilitating the Driving Services. Geolocation data consists of general location information based on latitude and longitude (if the user has enabled location services for an application on the user's mobile device), or based on the IP address of the user's computer or mobile device. By using any of the Services, you consent to our collection of this geolocation information.
F. Age Restriction
You affirm that you are at least 21 years of age, and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
G. General Restrictions on Use
When using the Site and Services, you agree not to: (i) remove or use any Content in any manner that (a) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; (b) violates the privacy, publicity, or other rights of third parties; (c) is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by Blue Bloodhound in its sole discretion; (d) is false or inaccurate; or (e) violates any law, civil or criminal, or violates our policies; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Blue Bloodhound; (iii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site or the Services is compiled or interpreted, (iv) copy, replicate, transcribe or reproduce the ‘look and feel’ of the Site, including its features and functionalities; (v) link to, mirror or frame any portion of the Site or Services; (vi) use the Site or the Services for illegal purposes or for promotion of dangerous activities; (vii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted or received; or (viii) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
You agree not to use the Site or the Services to: (i) violate any local, state, national or international law, including, but not limited to intellectual property laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any other regulations having the force of law; (ii) stalk, harass or harm another individual; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; (v) interfere with or disrupt the Site, the Services or servers or networks connected to either, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Services; (vi) generate unsolicited email advertisements, chain letters, junk mail, spam or allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (vii) attempt to gain unauthorized access to the Site, other accounts, computer systems, or networks connected to the Site through hacking, password mining or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site; (viii) upload, post, email, transmit, distribute or otherwise make available any material that contains viruses, computer code or any other technologies that may harm us or the interests, Content or property of Users or limit the functionality of any software, hardware or other equipment; or (ix) circumvent, disable or otherwise interfere with security-related features of the Site or Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or Services or the Content therein.
Please be aware that it is a federal crime and a violation of 18 U.S.C. § 1030 (The Computer Fraud and Abuse Act) to intentionally access a computer without authorization and to knowingly cause damages.
III. CONTENT AND OWNERSHIP
A. User Provided Content
From time to time, we may, in our sole discretion, permit you to submit Content to the Site or through the Services. You understand that Blue Bloodhound does not guarantee any confidentiality with respect to any Content you submit. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You retain all of your ownership rights in your Content. However, by submitting Content to us, you hereby grant Blue Bloodhound, without further notice or consent from you, and without the requirement of payment to you or any other person or entity, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, prepare derivative works of, display, and perform the Content in connection with the Services, the Site and Blue Bloodhound's (and its successors' and affiliates') business. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. The above license granted by you will survive even if you remove or delete your Content from the Site.
You represent and warrant that: (i) you either are the sole and exclusive owner of all Content or you have all rights, licenses, consents and releases necessary to grant Blue Bloodhound the license to the Content as set forth above; and (ii) neither the Content nor your submission, uploading, publishing or otherwise making available of such Content nor Blue Bloodhound's use of the Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Blue Bloodhound does not endorse any Content submitted to the Site or Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content. Blue Bloodhound does not permit copyright infringing activities and infringement of intellectual property rights on the Site and will remove Content if properly notified that such Content infringes on another's intellectual property rights. We reserve the right to remove Content without prior notice.
B. Our Content
Content is provided by Blue Bloodhound to you AS IS. You may access Content for your information and use solely as intended through the provided functionality of the Site and the Services and as permitted under these Terms. You shall not download any Content unless you see a “download,” “stream” or similar button or link displayed by Blue Bloodhound on the Site or the Services for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Blue Bloodhound or the respective licensors of the Content. Blue Bloodhound and its licensors reserve all rights not expressly granted in and to the Site, the Services and the Content. You understand that when using the Site and the Services, you will be exposed to Content from a variety of sources, and that Blue Bloodhound is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. Nothing in these Terms shall be deemed to confer any rights or benefits to third parties.
C. Feedback; Diagnosis of Problems; Unavailability
Your Feedback is welcomed and encouraged. You agree, however, that (i) by submitting ideas to Blue Bloodhound, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) ideas submitted to Blue Bloodhound or any of its employees or representatives automatically become the property of Blue Bloodhound. If we solicit your Feedback or opinion regarding any areas of our business, the Site or the Services, and if you want to send us your Feedback (and we hope you do) we simply request that you send it to us by emailing [email protected] You agree that any Feedback you provide to Blue Bloodhound shall be deemed to be non-confidential. Blue Bloodhound shall be free to use such information on an unrestricted basis. You agree not to take any action that may undermine any Feedback or ratings systems that we establish as part of the Site or the Services. This includes not displaying, importing, exporting or using any Feedback information off of the Site, regardless of purpose. You acknowledge that the Site and Services may, from time to time, be unavailable (e.g., due to scheduled maintenance or system upgrades), and Blue Bloodhound cannot, and does not, guarantee any specific minimum availability of the Site or the Services. You hereby expressly permit Blue Bloodhound or its authorized contractors and partners to access Your Account and Content in order investigate and diagnose actual or potential defects or other technical problems with the Site.
D. Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Site and Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Site and Services from a wireless- enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Site and any updates thereto. Blue Bloodhound does not guarantee that the Site and Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Site and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
E. Ownership of the Site
As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site, the Services, the Content, and all tools, and all related intellectual property rights. The Site as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the Site owned by or licensed to Blue Bloodhound or its content providers are likewise subject to copyright protection domestically and internationally. Likewise, all software, code, proprietary methods and systems used to provide the Site or the Services ("Our Technology") may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Site or in the Services, including its “look and feel”, constitute trademarks, trade names, service marks, trade dress or logos ("Marks") of us or other entities. All Marks not owned by Blue Bloodhound that appear on the Site are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services.
F. Use of Third-Party Offerings
These Terms will become effective and binding when you use the Services, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the Site or Services. We reserve the right to terminate these Terms and your access to the Site and the Services at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You understand and agree that upon termination of these Terms or your use of the Services, we retain the license rights granted to us upon any Content uploaded or provided on our Site. Notwithstanding the foregoing, it is our policy to retain all information provided to us and stored in your Account for ten (10) years after the termination of your Account. After ten (10) years, we may delete your information from our servers except as required by law. You understand that if you want to use our Services after termination of Your Account, you may need to re-register and provide us with your information anew.
Without limiting other remedies, we also reserve the right to limit or partially terminate or suspend the Services and Accounts, prohibit access to the Site and its Content, services and tools, delay or remove any Content, take technical and legal steps to keep any Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. For example, Blue Bloodhound will terminate a user's access to the Service if, under appropriate circumstances, the User is determined to be a repeat infringer.
Blue Bloodhound reserves the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, obscenity or excessive length. Blue Bloodhound may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms. You hereby understand and agree that in addition to the above listed causes, Blue Bloodhound reserves the right, at all times, to remove Content and/or terminate access to the Site and Services and/or your Account if we consider, at our sole discretion, such Content or activity to be immoral, unprofessional, dishonest, indecent, obscene, unethical, unprincipled, spurious, strange, outlandish or in violation of the standards of excellence and professionalism that we strive for at our Site. We may, but are not obligated to, terminate User accounts and/or remove Content from the Site if we determine or suspect that the User or Content violate these Terms. We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
The provisions of Sections I, II.D, III (except D and F), IV and V will survive the termination of these Terms.
IV. DISCLAIMERS, LIMITATION OF LIABILITY; INDEMNITY
A. No Warranties
THE SERVICES, THE SITE, THE TOOLS AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BLUE BLOODHOUND DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BLUE BLOODHOUND AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR VIRUS FREE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT. BLUE BLOODHOUND IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. BLUE BLOODHOUND DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICES. NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE OR THE SERVICES AND FROM THE OUTPUT OF THE SERVICES.
WE HAVE NO CONTROL OVER THE QUALITY OR SAFETY OF THE TRANSPORTATION THAT OCCURS AS A RESULT OF THE DRIVING SERVICES. WE CANNOT ENSURE THAT A DRIVER OR TRANSPORTATION COMPANY WILL COMPLETE AN ARRANGED TRANSPORTATION SERVICE. WE CANNOT GUARANTEE THAT EACH USER IS WHO HE OR SHE CLAIMS TO BE. PLEASE USE COMMON SENSE WHEN USING THE SITE AND SERVICES. PLEASE NOTE THAT THERE ARE ALSO RISKS OF DEALING WITH UNDERAGE PERSONS OR PEOPLE ACTING UNDER FALSE PRETENSE, AND WE DO NOT ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, COMMUNICATION OR OTHER USE OR ACCESS OF THE SITE BY PERSONS UNDER THE AGE OF 21 IN VIOLATION OF THESE TERMS. WE ENCOURAGE YOU TO COMMUNICATE DIRECTLY WITH EACH POTENTIAL DRIVER OR TRANSPORTATION COMPANY PRIOR TO ENGAGING IN AN ARRANGED TRANSPORTATION SERVICE.
B. Limitation of Liability
USE OF THE SERVICES, DRIVING SERVICES, THE SITE, TOOLS AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL BLUE BLOODHOUND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR OTHER DAMAGES OF ANY TYPE (INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANRAGE) IN CONNECTION WITH THESE TERMS AND THE DRIVING SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF BLUE BLOODHOUND WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BLUE BLOODHOUND TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS (U.S.D. $100.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND BLUE BLOODHOUND RELATING TO THE PROVISION OF THE SITE, THE SERVICES, AND ANY CONTENT TO YOU, AND BLUE BLOODHOUND WOULD NOT PROVIDE THE SITE, SERVICES OR CONTENT TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT.
BLUE BLOODHOUND'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION OR LOGISTICS SERVICES WITH DRIVERS, BUT YOU AGREE THAT BLUE BLOODHOUND SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION OR LOGISTICS SERVICES PROVIDED TO YOU BY ANY THIRD PARTY PROVIDERS, INCLUDING DRIVERS, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Blue Bloodhound, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site, Services, Content and/or Tools or services obtained through your use of the Site and Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site, Tools, Content and/or the Services.
V. MISCELLANEOUS MATTERS
If you believe your copyright has been violated by Content or Third-Party Offerings accessible on the Site, please contact us by email at [email protected].
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blue Bloodhound without restriction.
Please report any problems, offensive content, policy violations and/or abuse to us at [email protected].
D. Modifications to Terms
E. Modifications to Services
We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.
These Terms will be subject to and construed in accordance with the laws of the State of North Carolina, United States of America, excluding its rules regarding conflicts-of-law. You agree that any claim or dispute you may have against Blue Bloodhound must be resolved exclusively by a state or federal court located in the State of North Carolina, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in North Carolina for the purpose of litigating all such claims or disputes.
For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that Blue Bloodhound may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event Blue Bloodhound elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution ("ADR") provider chosen by Blue Bloodhound. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
G. No Agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
H. General Agreement
If you are located outside the United States of America and choose to provide information, register for an Account or upload Content to Blue Bloodhound, you acknowledge and agree that the information is processed and transferred in the United States of America. Your submission of information represents your agreement to this. You acknowledge and accept that the laws regarding processing of personal information may be less stringent in the United States of America than the laws in your country. By using this Site you acknowledge and accept that your information may be used in and be subject to the privacy laws of the United States of America.
I. Hiring of Contractors
Client agrees that it will not directly or indirectly contact any driver found through the BLUE BLOODHOUND marketplace to discuss or offer any employment opportunity unless Client has previously submitted that driver’s name in wiriting to BLUE BLOODHOUND as a possible employment prospect and BLUE BLOODHOUND has responded in writing specifically agreeing to allow such employment without further payment to BLUE BLOODHOUND.
If Client uses an independent contractor for a period of forty-five (45) billed days through the BLUE BLOODHOUND marketplace in any given consecutive ninety (90) day period and pays BLUE BLOODHOUND the full $65 fee for each day that the contractor worked for Client, Client may then hire the driver as a W2 employee with no further fees owed to BLUE BLOODHOUND. However, If Client uses an independent contractor for less than forty-five (45) billed days through the BLUE BLOODHOUND marketplace before hiring the driver as a W2 employee or neglects to pay BLUE BLOODHOUND $65 for each day that independent contract works for Client, then, within forty-eight (48) hours of the Client formally accepting the independent contractor as a W2 employee, Client will pay BLUE BLOODHOUND the difference between a) what has been already paid to BLUE BLOODHOUND for work of the independent contractor in the previous 90 days and b) two thousand, nine hundred and twenty-five dollars ($2,925). This fee will be paid and processed through the same credit card on file in Clients profile on the BLUE BLOODHOUND marketplace.
If Client otherwise hires any driver found through the BLUE BLOODHOUND marketplace, it agrees to a) immediately provide notice to BLUE BLOODHOUND of such hire, including copies of any contract or other document of the driver’s employment with Client to BLUE BLOODHOUND.
Once an independent contractor has been hired as an employee of Client, BLUE BLOODHOUND will have no further responsibility to Client with respect to such driver and will not participate in any negotiations or discussions with respect to the promoting, disciplining, terminating or relocating of such driver employed by Client.
If Client does not comply completely with its obligations above under this Hiring of Contractors Provision, Client agrees that BLUE BLOODHOUND can charge a liquidated damage amount equal to $3500.00 to the card on file with the BLUE BLOODHOUND marketplace. Client agrees that this amount is just compensation for its inability to meet the terms of this provision.
J. Driver Payment
Client will not withhold any amounts from driver for any reason other than government requirement, and
Client will not charge driver for damages to Client equipment or any other damages for any reason.