MICROTOW.COM
USER AGREEMENT TERMS AND CONDITIONS
General
Microtow.com is a registered trademark and dba name for Atlantic Star Services, LLC, a New Jersey limited liability company, which together with its subsidiaries and corporate affiliates are referred to as “ MicroTow ”. MicroTow’s address is: Atlantic Star Services, LLC dba MicroTow, P.O. Box 159, Great Meadows, NJ 07838. MicroTow operates a family of Web sites and associated Web pages, including www.MicroTow.com . MicroTow refers to this group of Web sites as the “ MicroTow Network .” Any person accessing or using the MicroTow Network is referred to as “ you ” or a “ customer ” or a “ user ” or a “ Shipper ” or a “ Driver .” Moreover, references to “ Driver(s) ” means any person or entity that has registered with the MicroTow Network to provide shipping and/or transportation services for a customer or Shipper under these Terms of Use.
Acceptance of Terms
By accessing or using any part of the MicroTow Network or the services provided on it or other Web sites as set forth below (collectively, the “ Services ”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by MicroTow from time-to-time without notice to you (the “ Terms of Use ”). These Terms of Use constitute a binding contract between MicroTow and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time at: https://www.MicroTow.com/termsofuse . If you do not wish to be bound by these Terms of Use, please do not access or use any part of the MicroTow Network and provide MicroTow with your notice of cancellation.
Additional terms may govern use of certain Web sites or Web pages within the MicroTow Network. In the event that any provision, term or guideline contained on a particular Web site or Web page in the MicroTow Network conflicts with the Terms of Use, the terms of such Web site or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.
Your Use of the MicroTow Network.
You agree that You can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended MicroTow users. You acknowledge that You are at least 18 years of age. Minors may only use our Services in conjunction with their parents or guardians. Your MicroTow account may not be transferred or sold to another party. If You are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Users who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the MicroTow Network are for transportation services only and that work that you provide will only involve transportation services. You agree that you will not use your participation in the MicroTow Network as a means to sell or market any types of goods or products, unless specifically allowed by MicroTow.
General Use of the MicroTow Network; MicroTow is a Shipping Lead Portal that Merely Provides a location for Shippers with Drivers to Connect; MicroTow does not Provide Shipping Services, Nor does MicroTow Guarantee any Services Provided by any Shipper or Driver.
Unless specified otherwise, MicroTow offers you access to the MicroTow Network solely for the purpose of allowing Shippers and Drivers to connect. MicroTow is not a Driver and does not provide any transportation services. www.MicroTow.com and the MicroTow Network acts as a neutral location where Shippers and Drivers can communicate and enter into agreements for shipments. Essentially, MicroTow provides leads of potential shippers to Drivers. A Driver must follow-up directly with a potential Shipper to negotiate whether an agreement for shipping can be reached between such potential Shipper and the Driver and what the specific terms of such agreement will be. As such, MicroTow is not a party to any shipping contract or agreement between any Shipper and any Driver. MicroTow has no control over the nature of any agreement and/or relationship between a Shipper and a Driver. The quality of any transportation services as well as the legal nature between a Shipper and a Driver is a separate agreement between such Shipper and Driver. MicroTow does not prequalify or validate the claims of any Drivers or Shippers registered on the MicroTow Network. Specifically, MicroTow does not verify, validate, or investigate claims by Drivers with respect to a Driver’s licensing, registration, insurance or past experience.
MicroTow does not endorse, recommend, or refer any specific Driver or Shipper to any party. Further, MicroTow does not have any control or influence over the decisions or actions of any user of the MicroTow Network. All users, including all Shippers and all Drivers agree to make their own decisions and to do your own due diligence in arranging for transportation services. Because MicroTow is not involved in the actual shipping, MicroTow is unable to verify the validity of any listings or the ability of any Shipper to ship items and pay for such shipping. Because MicroTow in not involved in the agreement between a Shipper and a Driver, MicroTow accordingly cannot guarantee that any Shipper and/or Driver will complete and fulfill such party’s responsibilities under any agreement between a Shipper and a Driver that may be booked through the MicroTow Network. Moreover, it is very difficult to positively identify or authenticate any individual or entity, especially on the internet. Any efforts MicroTow undertakes to identify users are on a best efforts basis, and you agree not to rely on any identifications of any party that appear to be provided by the MicroTow Network. As such, each user of the MicroTow Network acknowledges and agrees that any and all communications, whether written, oral or by electronic means, or any representations made between any Shipper and Driver or any other user are not being provided by MicroTow or any of its affiliates. Such communications and agreement are solely between you and the other user.
You agree to only access or use the MicroTow Network only for legal purposes that are permitted by these Terms of Use. Among other things, you agree not to:
  • except with the express written permission of MicroTow, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the MicroTow Network, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
  • damage, disable, overburden, or impair the MicroTow Network or interfere with any other party’s use and enjoyment of the MicroTow Network;
  • obtain or attempt to obtain any materials or information through any means not made readily accessible by MicroTow through the MicroTow Network.
Except with the express written permission of MicroTow, you agree that you will not access or attempt to access password protected, secure or non-public areas of the MicroTow Network.
Except with the express written permission of MicroTow, you agree that you will not create links from any Web site or Web page to any page within the MicroTow Network. The origin of any link to any MicroTow Network home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the MicroTow Network home page. By creating a link to the MicroTow Network, you agree that (a) you will not employ any technology that results in the placement of content from the MicroTow Network in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the MicroTow Network from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user's access to or use of the MicroTow Network. MicroTow reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that MicroTow so requests.
You further agree that use of the MicroTow Network and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, MicroTow reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.
Terms Related to Shippers
As a Shipper, you are responsible to read and understand all terms and conditions of any offer to transport from a Driver. You acknowledge that you are entering into a legally binding agreement with the Driver. You agree to look only to the Driver for any guarantees or representations made by the Driver about pick- up time, cost, transit time, time of delivery. The MicroTow Network will attempt to match you with the closest independent Driver. You agree that your shipment must contain items that can be legally shipped and are not hazardous. Further, you must disclose exactly what the shipment will contain at the time of booking. All Drivers reserve the right to inspect your shipment before accepting it, and such Drivers retain the right to refuse to transport any items that are not compliant with the booking or are prohibited by this Agreement, by the law, or that are dangerous or hazardous. NOTE: MicroTow does not screen or qualify any Driver for compliance with any state, federal or local laws or regulations, including but not limited to broker compliance with any federal statutes or regulations. It is recommended that you confirm such compliance directly with the Driver before services are rendered. As a Shipper, you agree that the MicroTow Network may supply your personal profile information and/or booking history to any government entity that might request this information.
Terms Related to Drivers
As a Driver, you must legally be able to transport the shipments that you book through the MicroTow Network. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements. You understand and acknowledge that all shipment information is provided by other registered users, and that the MicroTow Network has no control over or responsibility for the accuracy of this information. You are responsible for reading all of the shipment details, you agree that by booking shipments on the MicroTow Network you are entering into a legally binding agreement to complete the services as requested by the Shipper.
(a) Non-Exclusive Territory . Each Driver will sign-up to provide transportation in a primary territory on a non-exclusive basis, typically one primary zip code and surrounding zip codes as agreed upon by MicroTow. MicroTow will typically have just a few Drivers who will be assigned to each zip code. Each Driver agrees to be primarily responsible as an independent transporter for such territory and, to the extent that a Driver uses other third parties or sub-Drivers, to be fully legally responsible for each such Sub-Driver or third-party.
(b) Insurance . MicroTow will require each Driver to submit insurance policy number showing proof of insurance for all applicable vehicles the Driver will use for shipments. However, MicroTow will not do any independent verification of such insurance. Each Driver and each Shipper agrees to independently verify that adequate insurance covers the shipment(s) and to bear the risk of inadequate insurance, including no insurance coverage at all. Each Shipper agrees to ensure that the insurance and limits are adequate and each Shipper and Driver agrees that MicroTow will provide no insurance coverage whatsoever.
(c) Sign-up Documentation . Upon signing-up as a Driver on the MicroTow Network, each Driver shall provide MicroTow with copies of the Driver’s current and valid driver’s license as any other documentation requested by MicroTow. MicroTow reserves the right to refuse to accept any potential Driver who does not meet the MicroTow Network’s standards and needs, as determined in the sole discretion of MicroTow. Driver agrees that MicroTow may share any and all of the Driver’s profile and sign up documentation and shipping history with any government entity in the sole discretion of MicroTow.
(d) No Agency or Contractor Status . Each Driver and Shipper hereby agrees and acknowledges that your acceptance of this Agreement, your provision of services and/or your use of the MicroTow Network, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and MicroTow.
(e) Termination . MicroTow reserves the right in its sole discretion to terminate the account of any Driver (or any Shipper) based on complaints and feedback from other users.
Payment Terms
When a Shipper “books” a transport, the Shipper will pay a minimum booking fee (the “ Booking Fee ”) directly to MicroTow via the MicroTow Network. This non-refundable Booking Fee payment will be charged to Shipper once the MicroTow Network has matched the Shipper with a Driver and shall be immediately Non-Refundable. The remaining balance of any contracted amount will be paid by the Shipper directly to the Driver.
(a) Basic Shipments . The current typical schedule for Basic Shipments (which may be changed by MicroTow at any time, without notice and which is based on the number of miles for the shipment) is as follows:
  • 1-30 miles – Customer pays $99 ($5.00 paid as a Booking Fee paid to MicroTow with the balance paid to the Driver).
Limitations on Basic Shipments : following circumstances for the following potential shipments:
  • Any 1 vehicle under 5,000 pounds;
  • 1 Motorcycle under 2,000 pounds;
  • 1 All Terrain Vehicles under 2,000 pounds;
  • 1 UTV (side-by-side Utility Task Vehicle) under 2,000 pounds;
  • 1-3 household items under 600 pounds.
  • LTL items (1-6 boxes - total size not bigger than 42inch x 42inch x 42inch and no more than 100 lbs total weight).
(b) Binding Booking Transactions . Each of Driver and Shipper agree that once a booking transaction is agreed upon on the MicroTow Network for a particular shipment, that such agreement is binding upon each of Driver and Shipper. Driver shall be solely responsible to pickup the shipment and deliver it to the destination as per the booking transaction, and Driver shall be solely responsible for any mishaps or problems in delivery. Shipper shall be solely responsible to pay Driver the remaining balance of the shipment fee (minus the Booking Fee that was paid to MicroTow at the booking time).
(c) Disputes; Refunds . Each of Driver and Shipper agree that any disputes and claims for potential refunds shall be resolved solely between the Driver and Shipper and that the non-refundable Booking Fee received by MicroTow shall not be part of any such dispute.
Content Contained in the MicroTow Network
The MicroTow Network and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the MicroTow Network (collectively, “ Content ”) is owned by MicroTow and/or third parties with all rights reserved unless otherwise noted. You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the MicroTow Network or Content, except with express written consent of MicroTow. You understand that all third-party Content posted on, transmitted through, or linked from the MicroTow Network, is the sole responsibility of the third party originator of such Content. Content is provided through the MicroTow Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall MicroTow be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “ Transmit ” or “ Transmitting ” as appropriate) Content on or through the MicroTow Network, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the MicroTow Network. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to MicroTow as provided below.
You promise that you will not use the MicroTow Network to:
  • Transmit any Content:
    • not related to appropriate subject matters;
    • which is misleading to others, including other users;
    • that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    • that you do not have a right to post and transmit under any law or under contractual relationships;
    • such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
    • and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including any and all federal and state transportation laws and regulations and the Civil Rights Act of 1866.
By Transmitting Content to the MicroTow Network, you grant, and you represent and warrant that you have the right to grant, to MicroTow an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the MicroTow Network, you grant MicroTow all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the MicroTow Network by any party for any purpose.
General Terms
Applicable Law
This Terms of Use is governed by the laws of the State of New Jersey, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in New Jersey, County of Warren and/or the Federal District of New Jersey in all disputes arising out of or relating to accessing or using of the MicroTow Network. Access or use of the MicroTow Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
MicroTow's performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of MicroTow's right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the MicroTow Network or information provided to or gathered by MicroTow with respect to such use.
Interpretation of the Terms of Use
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written Agreement between you and MicroTow), the Terms of Use constitutes the entire Agreement between you and MicroTow with respect to the MicroTow Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MicroTow with respect to the MicroTow Network. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Trademark and Domain Name Protection.
The MicroTow Network services contain trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by MicroTow. Unless otherwise agreed to in a written amendment to these Terms of Use, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the MicroTow Network services without express written consent. You may not use any meta tags or any other "hidden text" utilizing MicroTow’s name or trademarks without the express written consent of MicroTow. You shall not use or register any domain name that is identical to or similar to any of the Marks.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE MICROTOW NETWORK, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MICROTOW MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE MICROTOW NETWORK, SERVICES AND/OR CONTENT. MICROTOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD MICROTOW, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE MICROTOW NETWORK AND/OR MICROTOW AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.
Limitation of Liability
IN NO EVENT SHALL MICROTOW BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MICROTOW NETWORK, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE MICROTOW NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE MICROTOW NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE MICROTOW NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROTOW HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE MICROTOW NETWORK, AND ALL OTHER USE OF THE MICROTOW NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MICROTOW NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MICROTOW NETWORK. IF DAMAGES ARE ASSESSED AGAINST MICROTOW, YOU AGREE THAT THE AMOUNT OF SUCH DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MICROTOW.
Copyright
All materials on the MicroTow Network (as well as the organization and layout of the MicroTow Network) are owned and copyrighted or licensed by Atlantic Star Services, LLC dba MicroTow, its corporate affiliates or its third-party vendors. Copyright by Atlantic Star Services, LLC dba MicroTow 2017, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the MicroTow Network is permitted without the written permission of MicroTow. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to MicroTow's Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
IP Administrator
Legal Department - Atlantic Star Services, LLC dba MicroTow
P.O. Box 159
Great Meadows, NJ 07838
Telephone: (908) 455-2626
Taxes.
You are solely responsible for any and all taxes, levies, charges and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by MicroTow. All fees stated for use our Services are net of any applicable taxes.
Record Keeping/Audit.
MicroTow reserves the right to keep all records of any and all transactions and communications between You and other members for administration purposes in accordance with all applicable laws and regulations.
Non-solicitation.
During the term of this Agreement You shall not solicit to hire nor hire our employees of whom You become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of MicroTow’s other business relationships including but not limited to those with other MicroTow Network users. Specifically, you shall not knowingly, directly or indirectly, solicit or attempt to solicit, divert, and/or send marketing content to any MicroTow user in which you initially constituted a relationship through the MicroTow Network.
If any provision of this User Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nonetheless continue in full force without being impaired or invalidated in any way. This Agreement shall be governed and construed in accordance with the laws of the State of New Jersey.