Terms and Conditions - Supra National Express

These Terms and Conditions (“Terms”) apply to the Supra National Express App (“Driver’s App” or “Application”), and other technologies associated there with operated by Supra National Express, Inc. (“Supra”, “Company”, “We”, “Us” or “Our”) and were last updated on September 2, 2022. These terms constitute the agreement between Us and you (“You”, Your”, “Driver” “Users”) and are accepted and agreed to by Your downloading and using the Application. Please read these Terms carefully before using the Driver’s App. You and We are together, sometimes referred to as the “Parties” herein.

Applicability. These Terms govern Your use of Our overall technology platform which includes Our independent contractor driver application (“Driver App”) as downloaded from any App Store or from any Supra website which identifies, arranges, books and tracks available delivery assignments (“Assignments”) offered by Supra to its owner/operator customers (“Customers”). The Driver’s App is operated by Us and is made available to Drivers by our Customers to facilitate the delegation and tracking of drayage or other delivery Assignments, in conjunction with Supra websites and other technologies, including payment and support systems (collectively, Our “Platform”). Your access to and use of the Platform is conditioned upon Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, Users and others who access or use the Platform, or any part thereof. By downloading the Driver App or using any aspect of the Platform You agree to be bound by these Terms. If You disagree with any part of these Terms, you may uninstall the Driver App and cease further access to the Driver App and Platform.

Eligibility. The Supra Platform is intended for individuals aged 18 or older residing within the continental United States. You represent that you are at least 18 years of age at the time of your acceptance of these Terms. You further represent that you are a resident of the continental United States and are entitled to work in the United States as an employee or independent contractor for a Supra Customer and are and will remain in full compliance with all applicable government rules and regulations including those pertaining to your right to work status. In order to accept Assignments using the Driver App you will need to either (a) have agreed to the terms of our Owner Operator Agreement or (b) be the employee of a Customer that has agreed to the terms of Our Owner Operator Agreement.

Other Policies & Agreements. Your access to and use of the Platform is also conditioned on Your acceptance of and compliance with the Supra Privacy Policy which can be accessed at https://www.supra.com/PrivacyPolicy which is incorporated herein as though set forth at length. Our Privacy Policy describes Our policies and procedures pertaining to the collection, use and disclosure of Your personal information while you register for and use the Supra’s Platforms, including the Driver App, and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Platform. In order to accept Assignments using the Driver App you will need to either (a) have agreed to the terms of our Owner Operator Agreement or (b) be the employee of a company that has agreed to the terms of Our Owner Operator Agreement. The terms of the applicable Owner Operator Agreement are incorporated herein as though set forth at length.

Independent Contractor Relationship. The Supra Platform is provided solely for the use of Supra Customers to facilitate Assignments between them and their Drivers. The Supra Platform does not establish any relationship with you other than the contractual relationship as specified in these Terms. Nothing herein shall be deemed to create any employment, agency, joint venture or partnership relationship between the Parties or any of their respective employees, employers, agents or customers, nor any other legal arrangement that would impose liability upon one Party for the act or failure to act of the other Party or any labor or employment obligation between the Parties. Neither Party shall have any express or implied power to enter into any contracts or commitments or to incur any liabilities in the name of, or on behalf of, the other Party, or to bind the other Party in any respect whatsoever. We are not hiring You to work for Us, You are engaging Us to allow You to use Our Platform at the direction of a Supra Customer. Any Assignments that you choose to accept through the Platform are at your own direction and control, or those of our Customer directing your Assignment including the timing, manner and nature of the Assignment that you choose to accept. All work performed under these Terms is at your own expense as to any costs, fees, fuel, maintenance, insurance, or other tools or equipment that you deem necessary to use to fulfill any Assignment accepted by You under these Terms.

Legal Compliance. You are responsible to be sure that you are aware of and that you understand and are at all times are in compliance with all State or Federal Rules, Laws or Regulations pertaining to your performance of any work in connection with any Assignment accepted by You under these terms.

User Account. Registration for a User account is required to use the Driver App. When You create an account with Us, You may be asked to provide your email address and other information identified on our Privacy Policy. You represent and agree that all information that You provide to Us is accurate, complete, and current at all times. Failure to keep and maintain accurate information with Us constitutes a breach of these Terms, which may result in immediate termination of Your account on Our Platform. You may have one, and only one account with us at any time. You agree not to share any account with any other person. In the event that you designate a password to access any part of the Platform, You are responsible for safeguarding the password and any other account information that You use to access the Platform and for any activities or actions taken through the use of your User account. You agree not to disclose Your login information to any third party, or to allow any third party to access you User account for any reason, including any other website or App without Our advance express written consent. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. Each Driver of a multi Driver Owner Operator must have their own User account. Supra reserves the right to terminate any User account for any reason at any time including for violation of these Terms or any Policy or Agreement incorporated herein. Upon Termination your access to the Platform, including the Driver’s App will terminate immediately. If you wish to terminate your User Account, you may simply discontinue using the Platform at any time upon the completion of any active Assignment.

Background Checks. We do not conduct investigation or background checks for our Users. We do require that each Driver provide utilize Registry Monitoring Insurance Services (RMIS) profiles to validate the commercial drivers license, insurance, legal violations, and other data points concerning each Driver. This process is accomplished through the applicable Customer and not directly through the Supra Platform. Currently, this verification service is provided through Supra’s partner Logistics by Supra. We reserve the right to change service providers for this service as well as the requirements for verification at any time. You may be asked to undergo re-verification at any time.

Assignments

Assignments are selected by the applicable Customer for display to Drivers. Customers determine their own procedures for Assignments via the Supra Driver’s App. Supra has no control over any Assignment to any Driver at any time. All concerns pertaining to Driver Assignments should be directed to the applicable Owner Operator Customer.

Assignment Cancellation. Cancellation policies pertaining to Drivers for booked Assignments are set by the applicable Owner Operator Customer. All cancellations of any Assignment by any Driver or by any third party should be directed to the applicable Owner Operator Customer. Supra reserves the right to cancel any Assignment to any Driver through the Driver’s App at any time and for any reason.

Route Tracking. The Supra Driver’s App does not provide GPS or other routing for any Assignment. The Supra Driver’s App tracks GPS coordinates during the course of any Assignment and makes this information available to the applicable Owner Operator Customer during the course of any Assignment. By accepting these Terms, You consent to such GPS tracking and the sharing of tracking data with the applicable Owner Operator Customer.

Pickup Procedure. Proof for the work is the paperwork from the customer to get paid. Depends on Customer. Some sort of written document Delivery Order.

Drop Procedure. Make sure that you share the Delivery Order with the destination when you arrive. Check that you have arrived to the location and sign the delivery Order and Upload properly completed and signed by Recipient.

Vehicle Identification / Paperwork – License and Delivery Order – They bring it – they get it From Logistics by Supra – by Email. We send email to IO and the IO gives to Driver. Delivery Order and the SCAC CODE with the Delivery Order.

Compensation – Present at end of week the Delivery Orders and Bill from the Independent Operator goes to Logistics By supra. Io is responsible for all payments for compensation.

Limitation of Warranties. The Platform, including the Driver’s App are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Owner Operator Customers and their respective parents, subsidiaries, affiliates and partners expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Platform will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or Platforms, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor it’s Owner Operator Customer makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Platform, or the information, content, and materials or products included thereon; (ii) that the Platform will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Platform; or (iv) that the Platform, its servers or any content is free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Limitation of Liability. Notwithstanding any damages that You might incur, the entire liability of the Company and its Owner Operator Customers and their respective parents, subsidiaries, affiliates and partners arising out of or in connection with any products or services relating to the Platform or these Terms shall be subject to an exclusive remedy for all of the foregoing which is limited to your actual damages up to and including $100 USD in the aggregate across any and all claims of liability therefore. To the maximum extent permitted by applicable law, in no event shall the Company and its Owner Operator Customers and their respective parents, subsidiaries, affiliates and partners be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Platform, third-party software and/or third-party hardware used with the Platform, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Restrictions on Limitations. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

License to Use. Subject to your acceptance of these Terms We grant You a non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Platform (including the Driver App) during the term that you maintain an active User account under these Terms, solely for the purposes stated herein and subject to the requirements of any Assignment in a manner consistent with these Terms.

Intellectual Property. The Platform and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Platform is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Platform without the prior written consent of the Company. We reserve all rights not expressly granted in this Agreement. The Driver App, our Platform, and all data gathered through our Platform, including all intellectual property rights therein (the “Platform IP”), are and remain our property and/or that of our licensors, as applicable. Neither these Terms nor your use of Our company names, logos, products or service names, trademarks, service marks, trade dress, other indicia of ownership, or copyrights (“Names, Marks, or Works”) or the Platform IP conveys or grants to you any rights in or related to the Platform IP, or related intellectual property rights, including the Names, Marks, or Works, except for the limited license granted above. You shall not, allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the Platform IP or the Names, Marks or Works; (b) reverse engineer or attempt to extract the source code of our software, except as allowed under law; (c) use, display, or manipulate any Names, Marks, or Works for any purpose other than to view accept and complete Assignments; (d) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) NFT’s (v) software application names or titles, (vi) social media handles or profiles that include the Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (vii) use the Names, Marks, or Works as your social media profile picture or wallpaper; (viii) purchase keywords (including, but not limited to Google AdWords) that contain any Names, Marks, or Works; (ix) apply to register, reference, use, copy, and/or claim ownership in the Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works, except as may be permitted in the limited license granted above; (x) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of our Platform or data; or (xi) aggregate our data with competitors.

Governing Law / Venue. These Terms are governed by the laws of the State of California without regard to the conflicts of laws provisions of that state. Your use of the Platform may also be subject to other local, state, national, or international laws. Any dispute concerning the Platform, including the Driver’s App shall have jurisdiction in the State of Federal courts of the State of California, county of Los Angeles. By accepting these Terms you agree to jurisdiction in that State and venue in that County.

Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. We will notify you of any such changes by posting a new version of these terms in place of the original. It is your responsibility to check these terms regularly regarding any such changes. Your continued use of the Driver’s App or the Platform after the effective date of any such amendment constitutes your agreement to be bound by the Terms as amended. We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. In the event that you do not agree with any posted change to these terms you have the right to discontinue use of the Platform.

Assignment. We may assign or transfer our relationship with you or any of our rights or obligations herein, in whole or in part, without your prior consent. You agree not to assign this Agreement, in whole or in part, without our prior written consent, and any attempted assignment without such consent is void.

Conflicts. In the event of any conflict between these terms and the Owner Operator Agreement, the terms of the Owner Operator Agreemetn shall control. As to your personally identifiable information, any conflict between these terms and the Privacy Policy, the Privacy Policy shall control.

Entire Agreement. Except as specifically set forth in Section 3, this Agreement constitutes the entire agreement and understanding with respect to the subject matter expressly contemplated herein and therein, and supersedes all prior or contemporaneous agreements or undertakings on this subject matter.

Contact Us. If you have any questions about these Terms and Conditions, You can contact Us by sending us an email: SupraLSupport@snecorp.com

Contact Us Today