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Terms and Conditions

Terms and Conditions - United States

ROADSTAR

Terms and Condition Agreement

Effective: Jan 1st, 2020

READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ROADSTAR CORPORATION, A GEORGIA CORPORATION (“ROADSTAR,” “WE,” “US,” OR “OUR”).

RoadStar is a crowdsourced delivery application.\ Leveraging network of existing community members, local drivers, shippers, customers, platform users, delivery providers, truck drivers, freight forwarders, professional drivers and courier service providers to deliver packages to customers' doors in the fastest, most cost saving approach possible. This is a first of its kind in package delivery, and in the process leaving the customer satisfied. Our goal is to cause local packages delivery to occur on less than an hourly basis within a 50-mile radius. This efficient Route platform allows the customer to track, in real time, his or her order via GPS or SMS alerts on their Smartphone. The system of repeatedly checking status update by tracking packages with a tracking number, which is the case with On Demand and Last Mile Delivery Service Providers, popular among most large courier services, will soon be a thing of the past. This innovation was inspired by the huge potential that still exists in the Gig economy. So, in order to penetrate the gigantic e-commerce market, young digital-first, digital-heavy customer base, we created a customer first, "on the hour delivery", platform.

To become part of the RoadStar “Community”, as a User, Shipper, Delivery Provider or the Driver who performs Delivery Services in the “Community”, you expressly agree to be bound by the terms, future amendments, changes, updates or additions to this Terms and Condition Agreement. These future changes or updates will be available on the App and on our website at www.myroadstar.org. These changes will be emailed to all members of our community as any update to our existing Terms and Conditions are made to all registered email addresses. Once you download our App and are approved after the application process to become a driver or a user in the community, you agree to make it your responsibility to abide by RoadStar Terms and Conditions Agreement in its entirety.

THIS PROVISION WILL ALLOW US TO EMPLOY THE USE OF ARBITRATION INDIVIDUALLY, NOT BY GROUP ACTION, TO RESOLVE DISPUTES OR CONFLICTS, NOT CLASS ACTIONS.

LITIGATION OR JOINT LEGAL ACTION BY GROUP OF PEOPLE WILL LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE, CONFLICTS OR DISAGREEMENTS.

FURTHERMORE, BEWARE THAT, THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION.

Acceptance of this Agreement

At RoadStar we provide the most up to date technology tools, real time, no lag, optimal instant delivery services, schedule option delivery services, Below the Hour Delivery, concrete security, secure payment processing system, geolocation tools, route optimization, move-on-demand scheduling tools, intelligent on route tracking and quick access, allowing customers and community members to connect with Drivers (local delivery services) or User to User. RoadStar platform has two types of relationship User (Shipper) to Driver (Delivery Professional) and User (Shipper) to User (Delivery Provider).

  • Driver and User Delivery Service is when a User in the RoadStar Community posts a “Pickup Request”, “Load”, “package”, “parcel”, “cargo” or “freight” on RoadStar Dashboard for pickup and delivery by a Driver or Provider. That which has been described is called a “Route” on the RoadStar Platform. Any Driver within the community who successfully connects with the User or Shipper gets that “Route”.
  • The second service we provide is the User to User “Requests” designated for international delivery, maritime service or local delivery. The User or Shipper posts a “Pickup Request” on the RoadStar platform and can be seen by everyone on the platform. Once an item becomes available on the RoadStar Dashboard, other Users begin to send offers, with bid amounts to the Requester. The User who becomes successful with their offer, within the community, gets the Route and proceeds to pick up the item from the Shipper to complete the delivery. That User becomes a Delivery Provider. At any time, a Community member or User can become a Delivery Provider. The Delivery Provider is simply a person who is traveling in the same direction of parcel drop-offs, and volunteers to pick up an item from other Community members for a fee. Another way a Community member (aka User) may become a Delivery Provider is that if a Community member has availability to accept a load or package, and makes that availability known to other Community members by posting it on the RoadStar App Dashboard, the owner of that container, be it delivery by ocean vessel, by car or by flight, becomes a Delivery Provider.

RoadStar App makes it possible to connect individuals and businesses (“Users and Shippers “) with Drivers and Delivery Providers seeking to perform the Delivery Services. The job of pickup and delivery is known as the “Route”. Drivers, Delivery Professionals, Delivery Providers and Shippers are referred to as “Community Members “.

Drivers who participate in RoadStar platform are self-employed independent contractors who voluntarily download the RoadStar App in order to carry out Delivery Services to perform route delivery services for users. Drivers who sign up to connect to users on RoadStar App can be Drivers on other platforms if they choose to.

By accessing, downloading, creating an account and logging into the RoadStar App or website, you acknowledge that you have read, understood, and agree to be bound by this Terms and Condition Agreement. If you do not accept this Terms and Condition Agreement, you may not access, browse or use the RoadStar App and website.

To become part of the RoadStar Driver to perform Routes, you are required to meet the following requirements in order to be onboarded:

  • You must be 18 years of age or older.
  • You must have at least one year of driving experience
  • You must have a valid driver’s license.
  • You must have valid auto insurance that meets local jurisdiction liability requirements.
  • You must be able to provide proof of insurance and car registration.
  • You must have a car that meets RoadStar requirements.
  • You must meet all the other state, local, or RoadStar requirements, which can be found on the RoadStar website with updates at intervals.
  • You can pass a background and criminal check to become a driver on the platform.
  • All Community members, including Shippers, are required to provide the proof of identity document type (passport, national identity card or driver’s license).
  • Upload a photo of the selected document.
  • Upload a photo of them holding the selected proof of identity.

The goal of RoadStar Corporation is to make sure you are who you say you are, and that you are unaffiliated to any or all financial terrorist money laundering activities anywhere in the world.

This platform is for personal use and at no time should you extract and resale any information from this platform.

Each person is limited to one account and you may not share your account password with another person, including close friends and family members. You bear sole responsibility to anything that goes through your account with your login credentials.

You may not use our platform if you are under the age of 18.

At no time will any User, Driver or Shipper declare, parade or advertise as RoadStar employee, agent, contractor, subcontractor or affiliate.

Using this platform does not create any agency, partnership, joint venture, employment or any other relationship.

You will use RoadStar App only for the lawful purposes of posting, pickup, receiving and delivery of packages and loads, and you agree to abide to all laws and regulations of your State or Country.

RoadStar App disallows any fraudulent, illegal or criminal activities. Phishing or spam activities are strictly prohibited.

RoadStar corporation prohibits copying, sharing, disclosing or storing any other users’ information, such as names, addresses, phone numbers, that is available to you in the course of using this platform or other information used for shipping and delivery.

You agree that your contact with a Driver or Shipper ends immediately after a Route is completed. Anything short of this is a violation of our Terms and Condition Agreement and will lead to immediate deactivation of your account.

You will not reproduce or copy any information on this platform including but not limited to graphic designs, texts, images, software, audio, video or any other content on this platform or website.

Using unfriendly language, slangs or foul languages is not allowed within this community. It could be construed threatening that could harm a community member’s health and safety.

Prohibited Items

Senders are prohibited from including in any Route, and all Drivers are prohibited from knowingly accepting, picking up, carrying or delivering any item containing the following “Prohibited Items”:

  • People
  • Anything illegal including, without limitation, recreational drugs and other contraband.
  • Any Hazardous Waste, defined as a “solid waste”.
  • Precious stones in their raw forms, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals.
  • Any “Hazardous Material” not categorized as limited or excepted quantities or categorized as limited or excepted quantities but not packaged and labeled in accordance with all applicable laws.
  • “Exclusive” items listed below, unless the Shipper has the written permission of RoadStar.

IF A PROHIBITED ITEM IS DISCOVERED BY A DRIVER ON ROADSTAR PLATFORM, THE DRIVER MUST REPORT TO ROADSTAR IMMIDIATELY. AT [email protected] . ROADSTAR WILL RESPOND BY TAKING ACTION TO THE FULLEST EXTENT OF THE LAW.

Exclusive List Items

Item marked as “Exclusive List” will only be posted on RoadStar dashboard only after it has been cleared by RoadStar for delivery. All Users are required to disclose each “Exclusive List” item when posting a delivery request and are advised to fully comply with all local, state and federal guidelines, restrictions and applicable regulations. The list below is not exclusive but are a guide to these “Exclusive List” items:

  • Tobacco products and alcoholic beverages or other product controlled and regulated by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB). 
  • All Firearms and weapons, explosives, parts, ammunition or accessories. 
  • Pyro techniques (fireworks). 
  • All “Hazardous Material”.
  • Prescription drugs and medicines or regulated over the counter medicine. 
  • Human remains or body parts. 
  • Oversize and overweight items.
  • Live animals. Special attention
  • All interstate delivery requests.

NOTE: From the foregoing members of the Community including Shippers, Drivers and other Delivery Providers are strongly advised to adhere to rules, regulations and guidelines of the TSA regarding packing, loading, Shipping, Handling, Accepting, Posting and Delivering these items. Some of the TSA Rules for these Exclusive List of items are highlighted below:

  • These items must not be stolen or illegal and are checked in baggage for airline transportation and must comply with all TSA regulations. All our community members must be at least 21 years old.
  • Only if the items are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same) or if the items have been paid for and are being delivered in accordance with state law.
  • This category is very restrictive and is on a case by case basis. Packaged and checked in by the Shipper with self-addressee in accordance with all applicable laws.

Routes containing Exclusive items require Drivers and Delivery Providers to have special qualifications, permits, licenses and liability insurance before bidding and accepting such items for transportation and delivery. Routes containing HAZMAT may require the Driver to have a special vehicle, fitted with special equipment or even specialty license in order to get approved for that Route.

All DRIVERS ON ROASDTAR PLATFORM ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL RULES AND REQUIREMENTS IN ACCEPTING A ROUTE CONTAINING ANY EXCLUSIVE ITEM PRIOR TO OFFERING ON SUCH ROUTE. ALL APPLICABLE LAW LOCAL, STATE AND FEDERAL GUIDELINES, RULES AND REGULATIONS MUST BE FOLLOWED. NO EXCUSES. NO EXCLUSIONS.

EXCLUSIVE ITEMS AND SHIPPER’S RESPONSIBILITIES

FIREARMS AND WEAPONS

Shippers are responsible for securing all shipped firearms, explosives, weapons, accessories and ammunition. Once an Exclusive item is approved to be posted on RoadStar Community Platform, the Shipper must take steps to secure the Exclusive item in a box or container before Driver picks up the Exclusive item for delivery. The Driver must load the box in the trunk of the vehicle in a secured manner and must be kept and remain in the trunk of the vehicle throughout the duration of the trip before delivery at destination. For more on government rules and regulations regarding the transportation of weapons, firearms and ammunition please click on the links below:

https://www.tsa.gov/travel/transporting-firearms-and-ammunition
https://www.law.cornell.edu/uscode/text/18/926A

HAZARDOUS MATERIALS (“HAZMAT”)

HAZMAT may be sent in small quantities. Shippers must declare HAMZAT items, due to their Exclusive nature, to RoadStar when trying to have a HAMZAT picked up and delivered.

Shippers should visit the government website pertaining to the complete tables of Hazardous Materials.

http://www.gpo.gov/fdsys/pkg/CFR-2008-title49-vol2/pdf/CFR-2008-title49-vol2-sec172-101.pdf

and

http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=b06b0719a68e8b14030dcfe816203647&mc=true&n=pt49.2.172&r=PART&ty=HTML

Stiff civil penalties (fines) of up to $175,000.00 apply to people who offer for shipment, cause to be shipped or transport HAZMAT:

https://www.federalregister.gov/articles/2013/04/17/2013-08981/hazardous-materials-revision-of-maximum-and-minimum-civil-penalties#h-7

Senders have the responsibility to ensure that, all HAZMAT is properly packaged, labeled, marked, identified and certified in compliance with applicable legal requirements, including having proper shipping papers with emergency response information, an emergency contact telephone number.

There are a myriad of other legal requirements Drivers and Shippers are required to know and must satisfy before posting or transporting HAZMAT to avoid paying massive fines.

Reference:http://www.gpo.gov/fdsys/granule/CFR-2011-title49-vol2/CFR-2011-title49-vol2-part172

ROADSTAR TAKES NO RESPONSIBILITY OR LIABILITY TO DRIVERS, DELIVERY PROVIDERS OR SHIPPERS FOR VIOLATING THE TERMS AND CONDITIONS AS OUTLINED ABOVE.

Oversized Items

Oversized, super heavy and bulky items are not allowed. But, in some cases, the Driver or Shipper might possess special permits and or the right operable equipment to convey this Route. In this case special consideration may be given. 

Packaging

RoadStar encourages environmentally friendly practices, including light packing and making sure that the item being shipped must be openly displayed for the Drivers to know what they are picking up on the Route. The Driver must always be able to view, see, inspect the item to be picked up. If the Driver is not satisfied with the item, the Driver may refuse it and the Route forfeited.

New in Box Items

If an item is a new item with an unbroken seal, the Driver is advised to inspect the package and decide if it is appropriate for pickup and delivery. If the Driver is unable to decide what to do, Driver should contact: [email protected]

Luggage or Baggage Inspection

RoadStar advises that if a pickup contains briefcase, suitcases, luggage, baggage, boxes, purses, handbags, wallets, or packages, the Driver should not request inspection of the baggage, but Driver has responsibility to inspect the outside of the Baggage. The Driver should record and take picture of the damage and send it to: [email protected]. RoadStar will get back to the Driver immediately.

If the item is in an unbroken seal or was open for inspection at pickup but turns up roughed up with broken seal when Driver delivers the item, Driver becomes liable if Shipper or Receiver files for claim or rejects the item. Driver is strongly advised to take all the precaution and steps outlined in order to enjoy a successful Community participation.

A Driver can always cancel a Route he or she is not comfortable with. The Driver will not suffer any loss or damages if a Route is cancelled due to Shipper’s negligence.

Getting your Route Ready

Shippers have the responsibility to pack their items properly. Shipped items should be visibly marked for fragility, perishability, specialty and exclusivity to highlight the type, nature and condition of the item being shipped. It should be clearly noted that RoadStar will not be held liable for loss or damage to any item if the property was not properly packed to survive the rough and tumble of transportation.

Compliance

All Shipped item should adhere and comply with Local, State and Federal Law. It is the responsibility of the Shipper to comply with these guidelines. RoadStar will not be responsible for Shipper’s negligence, neither will RoadStar be liable for any or all loss arising from this. However, Shipper is advised to purchase a Protection Plan to protect their shipped item.

Live Animals

All live animals must be enclosed in box like housing, adequate to cater to their health and safety during transportation. Anything that endangers the animal or pet in course of this Route is a violation of Law. To achieve this practice in the most adequate and successful manner, please contact pet or animal owner. Driver is advised to reject Route if he or she finds the housing or packing inadequate.

Shippers should include food and water, anything to help the Driver achieve success as part of the transportation needs of their pets.

All animals must be transported in adequate temperature. Animals cannot be too hot or too cold during transportation. Animals should not be transported in the trunk of the vehicle. Drivers are required to provide food and water at regular intervals to the animal, during stops at intervals. No Compromises. It is illegal and may warrant imprisonment if a Driver becomes cruel to an animal.

Modifications

RoadStar can modify the Terms and Conditions of this Agreement or its policies relating to the use of its App, publications and website any time an updated or changes is made to this Agreement through our website at www.myroadstar.org or any of its publications. You are responsible to regularly review these changes as it relates to the Terms and Condition Agreement. as your continued use of the Platform after any such changes constitutes your consent to such changes.

Additional Terms and Policies

By using this Platform, you consent to be bound by RoadStar’s Terms and Condition Agreement and acknowledge and agree to the gathering, application, and disclosure of your personal information. Additional Terms and Conditions may apply in our Privacy Policy with respect to your relationship with us.

Guidelines and Consent to Use Platform

You consent to the following by using RoadStar Platform.

  • RoadStar Platform will only be used for lawful purposes. You will not use the Platform

 for shipping, transporting or hiding unlawful material for evading the law, criminal or fraudulent purposes; and you will not engage in conduct that is unsafe to other Users, RoadStar workers, staffs, third party affiliates and community members.

  • That this Platform will only be used in line with applicable Local, State and Federal laws,

 including Copyrights, Trade Confidentialities, or other rights of our vendors or any third party, including ALL rights.

  • Only RoadStar Corporation has the rights to give you permission(s) to access its

Platform and other services.

  • RoadStar will construe logging into another user’s account as access violation or malicious

intrusion into another member’s account, or as impersonation of the shipper, driver, delivery provider or entity, or falsify or use different headers or identifiers to alter the source of published content.

  • The Platform will not be used to bother, terrorize or compromise the wellbeing of

community members.

  • That you will limit the use of the Platform and its contents to RoadStar’s Terms and Condition Agreement. You are disallowed and prohibited from converting any of the contents,

publications and information available to you for commercial purposes, including but not limited to making unlawful contacts, advertising to, soliciting or selling to, any Merchant, Shipper or Contractor, unless RoadStar gives prior authority to you to do so in explicit and concrete terms, including but not limited to written instructions from management..

  • To copy or distribute the content and publication of RoadStar App, alongside Third-Party publications and contents, images or videos is a violation.
  • The information you provided when you created your account during the application process

is accurate and reliable. If that information changes for any reason, you must provide us with the up to date information and proof of Identity and other corresponding information we may request.

  • Your account login credentials are yours to keep and cannot be given to

 another person to login on your behalf. You must keep it safe and secure to access the Platform.

  • You consent to utilize the RoadStar App and Platform for your own use, and you will not circumvent the rules of the Platform to resell, license, transfer, hack the Platform, user contents or mismanage the services Third Party services.
  • RoadStar prohibits your use of the Platform in such a way that it could endanger, impair

or overwhelm RoadStar servers, or networks connected to any RoadStar system.

  • You agree not to hack or gain undue access to RoadStar Platform, any account,

source code and all RoadStar system networks and servers.

  • You agree not to try or experiment, probe, breach, circumvent or do anything that will harm the integrity, including the security framework of the overall uninterrupted working of the system.

        (p) Unauthorized system analysis of the RoadStar Platform is not allowed.

        (q) You will keep other community members safe and be friendly to them as you

               carry out your duties on the Platform.

         (r) To report any breaches, intrusions errors, bugs, illegal access methods of

                RoadStar intellectual property rights that you discover or uncover.

Customer Account

You are required to create an account and be approved to use RoadStar Platform.

RoadStar Platform is a software technology created to bring users, shippers, drivers, delivery professionals and delivery providers together in marketplace called the RoadStar App. You are expected to provide accurate, current, and complete information during the customer account creation process and to update and provide current and accurate personal or professional information when it changes.   Your Customer Account privileges cannot be compromised by handing it out to other people like family, minors or friends for use. That action will not excuse your personal responsibility or liability that may arise due to such account usage negligence. Your username and password are your property to keep and you are required to manage with confidentiality. You are not allowed to reassign, repurpose or transfer your Customer account to any other person or entity. If your customer account is found to be compromised, you must report the breach immediately to RoadStar. RoadStar will not be responsible for such a breach but you may be held liable for losses, expenses and fees suffered by RoadStar or our Third-Party Affiliate, even if you have reported the breach to RoadStar. RoadStar shall terminate and block your account access if you are found to have misrepresented or mislead RoadStar during the Customer account creation process. If you have been banned from RoadStar platform in the past, you agree not to return to the platform to create another account in someone else’s name.

  • User Content.

RoadStar may provide you with similar opportunities through these Services, for example, to be able to post User ratings and reviews (known as, “User Content”). User acknowledge and warrant that he or she is the owner of, or have the legal right to provide, all User Content that he or she submits and represents video, images and written publications posted and/or otherwise transmitted through these Services.

You hereby grant RoadStar unlimited, irreversible, transferable, paid fully, free of royalty, nonexclusive, global, totally sublicensable right to use, edit, copy, display, distribute, publish, modify, remove, publicly perform, translate, design derivative works, distribute and or otherwise use the User Content in connection with RoadStar’s transactions and in every way simply known as (“Uses”); without notification to and or approval by you. You further grant RoadStar a license to use your username and User profile information, without limitation to your ratings history, to attribute User Content to you in connection with such Uses, with no prior approval or notices by you. User agree that this license, in addition includes the right for other Users to access and use your User Content in addition to participating in Services and as permitted through the functionality of the Services. Moreover, the license granted to RoadStar shall continue to do business even after your account has ended. RoadStar reserves the right, and has that discretion, to end or completely remove your ability to access your User Content on any services, including Third Party services, related or connected to the business you do with RoadStar. We reserve the right, the sole right, to suspend or terminate your account at any time, or pursue any other remedy or relief available under the law if you post any User Content that violates this Agreement or we consider to be unacceptable to our business practices  for any reason. You agree that it our sole discretion, without communication with you, that RoadStar may monitor and or remove your User Content, without acknowledging any responsibility for doing so. RoadStar may also gain access, read, store, publish or reveal any information as reasonably necessary to (i) for government, reasonable purpose or law enforcement purposes. (ii) to enforce this Agreement in the event of potential violations. (iii) for discovery, proactive reasoning or to combat criminal intrusions, security breach, fraudulent interference, technical breakdown (iv) Support issues and to (v) protect the rights and safety of RoadStar Community and the general public.

You agree that any submission of any ideas, suggestions, and or proposals to RoadStar through several mediums, ratings, google, twitter, Instagram, or other website pages with “Feedback” that is made by you or on your behalf is at your own risk and that RoadStar is not obligated to act on such Feedback. interminable

You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to RoadStar an interminable, irreversible, transferable, paid fully, free of royalty, nonexclusive, global, totally sublicensable right to use, edit, copy, display, distribute, publish, modify, remove, publicly perform, translate, distribute otherwise use such Feedback.

  • Ratings and Reviews.

Note that All Ratings and Reviews you post in the review of Third-Party businesses, are                                  governed by this Agreement. These “Ratings and Reviews” are not endorsed by RoadStar and are not the views of RoadStar or its Third – Party affiliates. RoadStar bears no responsibility for these Ratings and Reviews and will not be liable for any financial loss or claims resulting from such adverse Ratings and Reviews. From the foregoing, you agree that: (i) that you are fully responsible for any Rating or Review and it is borne out on your personal experience. (ii) you are prohibited from giving Rating or Review for any business you have an ownership interest; you are employment or have relationship or other affiliation or for any of that company’s competitors. (iii) you are prohibited from taking cash or kind for submitting Rating or Review. and finally (iv) your Ratings and Review is governed with the Terms and Condition of this Agreement. It is our sole discretion to delete or remove any Rating or Review that adversely affects or undercuts the integrity of the Ratings and Reviews and may terminate this User Content without notice.

RoadStar Electronic Communications

By creating a RoadStar Customer account, you electronically agree to accept and receive communications from RoadStar, Vendors and Third Parties providing services to RoadStar as well as email, text message, calls, and push notifications to the cellular phone number you provided to RoadStar. Message and data rates may apply. If wish not to receive promotional emails, text messages, or other communications, you may change your notification preferences by going to the Settings in your account. You may also opt-out of receiving text messages from RoadStar by replying “STOP” from the cellular phone device receiving these messages.

Electronic Signature Disclosure

By creating a RoadStar Customer account, you in addition consent to the use of an electronic record to document a copy of your signed Agreement. RoadStar Customers may You may terminate their consent to the use of the electronic record by emailing RoadStar at: [email protected] with “Revoke My Electronic Consent” in the subject line.

To view and retain a copy of this disclosure, you will be required to have the following:

  • a computer or cellphone with a web browser and Internet access

(ii)  a printer or enough storage space on your cellphone or computer device. To mail a paper copy of the disclosure out to you, using USPS or to inform us about a change in your contact information, you may contact us at: [email protected] with your name and address for delivery.

 

RoadStar Intellectual Property and Ownership

RoadStar is the owner of all intellectual property rights the platform for the RoadStar App, with limitless rights and interests to its database, source codes, copyright, designs, trademarks, images and related rights. These rights extend globally, registered or unregistered and access to this Platform and use of RoadStar App surrenders none of these rights to you. This Agreement is not a sale and does not transfer to you any rights of ownership in or related to the Software, App Development or the Services, or any Intellectual Property Rights owned by RoadStar. RoadStar name, RoadStar brand logo, designs, product names associated with the Software and Services are trademarks of RoadStar and its Third-Party affiliates. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software or the Services.

Undeliverable Items

Drivers and Delivery Providers should make all efforts to complete a Route. If a Driver fails to deliver an item to the receiver, the Driver is advised to return item(s) to the Shipper at Shipper’s expense. If Driver, for whatever reason, fails to return the undeliverable item to Shipper or pickup location, the Driver or Delivery Provider will have to hold the item. A daily fee of $100 to $200 or more will be charged, depending on the type of item, until the item is picked up by the Shipper.

Payment Processor

Shippers and Drivers or Delivery Providers directly engage with each other in order to complete a Route or delivery services. RoadStar is not involved in pickups, loading, shipping, delivery Fees negotiation or even rejection of these services. But RoadStar Corporation uses a Third-Party Payment Processor to process payments originating from our platform. We will ask you to supply your credit card information as a further form of verification and proof that you will honor your obligation to Drivers and Delivery Providers at the end of a Route. Third Party payment processors may require you to read and agree to their standard terms and conditions.

RoadStar will have the right in its sole discretion to issue refunds, credits, and consider holds on any payment. Any applicable taxes, including VAT, for payments made to RoadStar are the Shipper’s responsibility.

When RoadStar receives an order from a customer, customer’s credit card will be authorized, and a hold placed for the delivery amount.

RoadStar will authorize and place a hold on customer’s credit card at the time the order is received by RoadStar.

Payment Terms

The fee for each Route will be displayed on the Dashboard. The Driver is advised to send in any toll receipts incurred during the Route. The Route begin when the Driver, Delivery Provider or Delivery Professional accepts the Route. The Shipper will see the ETA tracking for Local Delivery Routes. RoadStar is not responsible for any actions carried out by Driver or Delivery Provider after the Route is completed.

Only Credit Cards will be the accepted form of payment.

Cancellation: $20 and are NON-REFUNDABLE.

Exceptions: Prior payment arrangements of subscriptions might exist.

No Refunds. Paid fees for completed and delivered orders are final and non-refundable.

Intellectual Property Rights

The RoadStar Corporation Service is a licensed service. This license should not be sold. The use of this license is meant for use only under the terms of this Agreement. RoadStar reserves all rights to this technology software. From the foregoing, RoadStar grants all Community members personal, limited, revocable, non-transferable license to access and use this Service.

Platform and App License

RoadStar Corporation owns the RoadStar Website and App, including all intellectual property rights and proprietary rights in that respect. Upon your compliance with these Terms and Conditions of Agreement, RoadStar hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use RoadStar App by downloading it on any authorized Android Device and iOS. The App is available for download on Google Play Store for Android devices and Apple Store for iOS devices. (See terms and Conditions for these Third-Party software that RoadStar does not have control over).

RoadStar reserves the right to stop offering and or supporting our Platform, App or our Users’ ability to receive or perform Delivery Services or any particular portion or part of our Platform, App or access to Delivery Services at any time, at which point your license to use the Platform or App or your access to the Delivery Services therefrom, or any part thereof, will be automatically terminated. In such event, RoadStar shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Platform, App or access to Delivery Services.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or the App in any way; (ii) modify or make derivative works based upon the Website or the App; (iii) create Internet “links” to the Website, alternate access to Delivery Services, or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Website or App to copy any ideas, features, functions or graphics of the Platform or App whether to build competitive products or services using similar ideas, features, functions or graphics of the Website or App, or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Website or App (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our App; (vi) attempt to gain unauthorized access to the Website or App or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Website or App; or (vii) use our Website or App to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.

Licenses Granted by RoadStar in Content

Subject to your compliance with the Terms, including without limitation Driver and Sender Agreements, RoadStar grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Content that RoadStar makes available through the Website or App, including any Content licensed from a third party (“RoadStar Content“), but excluding any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Website or App, including any questions, comments, suggestions, ideas, or feedback (“User Content” and with RoadStar Content collectively, “Collective Content“); and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these license rights granted by RoadStar above. 

RoadStar Content may be used solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, App or Collective Content, except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RoadStar or its licensors, except for the licenses and rights expressly granted in the Terms.

You agree that RoadStar has no responsibility to, and may not, monitor your access to or use of Collective Content or review or edit any Collective Content. RoadStar reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that RoadStar, at its sole discretion, considers to be in violation of these Terms or otherwise harmful.

License Granted by User

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available or posting any User Content on or through the Platform or App, you hereby grant to RoadStar a global, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit such User Content. RoadStar shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. RoadStar claims no ownership rights in any User Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website or App. By posting or making available any User Content, you represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available or post or you have all right, license, consent and release that are required to grant to RoadStar full rights in such User Content, as contemplated under the Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or RoadStar’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Copyright Policy

RoadStar respects copyright law and the intellectual property of others and expects its Community members to do the same. RoadStar will terminate Users or other account holders who repeatedly infringe or are reasonably believed to be repeatedly infringing the rights of copyright holders. If you believe, in good faith, that any materials on our App or Website infringe upon your copyrights, please send the following information to RoadStar’s Copyright Agent at: [email protected]

  • A description of the copyrighted work that you claim has been infringed, including enough information to locate the specific place on our App or Website where the material is located. Please include enough information to locate the material and explain why you think an infringement has taken place;
  • A complete description of the location where the original or an authorized copy of the copyrighted work exists; i.e. an Internet address where the work is posted or the name of the book in which it was published;
  • Your address, telephone number, and e-mail address;
  • A signed statement by you that, in good faith, you believe that the disputed use is not authorized by the copyright owner, its agent, or law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Third Party Interactions

The RoadStar Platform, including on our Website, you may enter correspondence with, purchase goods and or services from, or participate in promotions of Third-Party service providers, advertisers or sponsors showing their goods and or services through the Website or App. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. RoadStar and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. RoadStar does not endorse any sites on the Internet that are linked through the Website or App, and in no event shall RoadStar or its licensors be responsible for any content, products, services or other materials on or available from such sites or Third-Party providers. RoadStar provides the Website and App to you pursuant to these Terms and certain third-party providers of goods and or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services. RoadStar has no responsibility or liability arising from any agreements between you and such Third-Party providers.

RoadStar may rely on third party advertising and marketing supplied through the Website or App and other mechanisms to subsidize the Website or App. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing. RoadStar reserves the right to charge you a higher fee for access to the Platform should you choose not to receive these advertising services, if offered. This higher fee, if applicable, will be posted on RoadStar’s Website located at: http://www.myroadrtar.org

SMS Messaging

All our Users are automatically opted-in to receive SMS messaging when signing up for our App and must agree to receive SMS messages in order to use our Platform and receive or provide Delivery Services via the App and data rates may apply. If you change your mobile phone service provider all SMS messaging services from RoadStar may be deactivated. RoadStar reserves the right to cancel SMS messaging services at any time.

Notices to You

RoadStar may give Users general notice regarding the Platform, these Terms, Drivers or Shippers Agreements, or otherwise via electronic mail to your email address on record in RoadStar’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in RoadStar’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre- paid post) or 12 hours after sending (if sent by email). You may give notice to RoadStar (such notice shall be deemed given when received by RoadStar) at any time by email or letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail to RoadStar: 13010 Morris Road, Suite 648, Alpharetta, GA 30004. Attention: VP, Operations.

Assignment

You may not assign your responsibilities, duties and obligations (or any portion thereof) as set forth in these Terms, including in any Driver or Shipper Agreement, as applicable, to any party without the prior written approval of RoadStar in each instance. Any purported assignment in violation of this section shall be void.

Export Control

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that none of the Website, App, any technical data related thereto or any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Platform, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

General

No joint venture, partnership, employment, or agency relationship exists between you, any other User, RoadStar or any Third-Party provider as a result of a User entering into a Driver or Shipper Agreement, their use of the App or their providing or receiving Delivery Services via the App. If any provision of these Terms or any Driver or Shipper Agreement is held to be invalid or unenforceable, such provision shall be revised as minimally as possible to validate or enforce the same, as well as the original intent of these Terms, and the remaining provisions shall be enforced to the fullest extent under law. The failure of RoadStar to enforce any right or provision in these Terms, any Driver or Shipper Agreement shall not constitute a waiver of such right or provision unless specifically acknowledged and agreed to by an authorized person from RoadStar in writing. Unless RoadStar has entered into a separate written agreement with a User addressing their access or use of our Platform  or App or the Delivery Services, these Terms, and all agreements and documents referenced herein, including without limitation the Drivers and Shippers Agreements, comprise the entire agreement between our Users and RoadStar superseding all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between a User and RoadStar regarding a User’s use of and access to the RoadStar Platform, Website, App and Delivery Services. If you have entered into RoadStar’s Dispute Resolution and Arbitration Agreement you acknowledge that document also is part of RoadStar’s agreement regarding your use of RoadStar’s Application.

RoadStar Drivers Agreement 

This RoadStar Drivers Agreement is a part of RoadStar’s Terms and Conditions (“Terms”) and is incorporated therein by this reference. By using and accessing our Platform and agreeing to provide Delivery Services, each Driver agrees, represents, warrants, acknowledges and agrees that:

  • Driver is a third-party user of the App and is an independent contractor with respect to any and all Route performed and is not and shall not be deemed to be an employee, agent or representative of Company or any Shipper with respect to any and all Routes performed. No Services provided by Driver via the RoadStar App nor any action taken pursuant to these Terms shall create an employment relationship between RoadStar and Driver or Driver and any Sender. No Driver is entitled to workers’ compensation or any employment rights or benefits from, or sponsored by, RoadStar or any Shipper, including, without limitation, employee, pension, health or welfare benefit plans, programs or arrangements of RoadStar, Shippers or their affiliates or subsidiaries. Driver will not make any representations regarding its status as a Driver providing Delivery Services via the RoadStar App. Driver shall not have any right to enter into any contract or commitment in the name of, or on behalf of, or to bind RoadStar or any Sender in any respect whatsoever.
  • Driver acknowledges and agrees that Driver is free from the control and direction of RoadStar and any Shipper in connection with any Services performed hereunder by Driver. Under NO circumstances may Driver provide Delivery Services via the RoadStar Platform in excess of 40 hours per calendar week. Driver acknowledges that RoadStar calculates a Driver’s time spent providing Services to begin when the Driver picks up the Delivery and ends when the Driver completes the Route as assigned; provided the Driver drives straight from the pick-up point to the delivery point.  Driver acknowledges and agrees that any time spent by Driver not enroute to a delivery point is not counted in determining the amount of time a Driver spends performing a Route.  Driver acknowledges and agrees that Driver is required to deliver the Route within the time as posted in the App and remains free to engage in other activities including such things as running errands and providing services to other parties in between.   Driver acknowledges and agrees that any time spent by Driver looking for or offering on Route is not being “on-call” and that Driver always remains free to engage in other activities including such things as running errands and providing services to other parties.
  • Driver hereby expressly agrees not to seek non-voluntary compensation from RoadStar, a Sender or any other third-party, and waives any rights to, and fully releases and indemnifies RoadStar against, any claims against RoadStar, a Sender or any third party relating to benefits, overtime wages, or the like, in connection with Driver. Driver shall be fully liable for, and shall first pay directly, or second reimburse, RoadStar for any reasonable legal fees, other fees, charges, penalties and or other obligation (monetary or otherwise) placed on RoadStar, whether for overtime wages, employee benefits, workman’s compensation, or otherwise, if Driver breaches this provision.
  • RoadStar provides 1099s to Drivers who earn $600.00 or more a year as required by IRS rules and regulations. Whether or not a Driver receives a 1099, Drivers are required to report all income earned from Route on their personal or business tax returns as applicable to the Driver.
  • Driver is at least 18 years of age or is 21 if such higher age is legally required to carry certain Route including Special Items and otherwise has all right and authority to lawfully provide the services agreed to when accepting a Route hereunder. Driver possesses a valid driver’s license and has all other required licenses, permits, approvals and authorizations to accept and complete a Route as contracted through the Platform and will not accept such Routes without possessing valid licenses, permits, approvals or authorizations for the same.
  • Driver owns, or has the legal right to operate, the vehicle used in a Route, and has a valid policy of auto liability insurance covering any vehicle used during a Route with coverage in types and amounts required by, or consistent with, all applicable legal requirements and industry standards (including without limitation commercial auto insurance when applicable) and is named or scheduled on the insurance policy. Any vehicle used during a Route shall meet all applicable industry safety standards and statutory, federal DOT and state department of motor vehicle requirements. Driver must always have in his possession during a Route proof of all required licenses and insurance and shall provide them to such authorities as may request. Proof of insurance and required licenses must be provided to RoadStar upon request.
  • DRIVER IS SOLELY RESPONSIBLE FOR ANY AND ALL LIABILITY, WHICH RESULTS FROM OR IS ALLEGED AS A RESULT OF THE OPERATION OF THE VEHICLE USED DURING A GIG, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURIES, DEATH AND PROPERTY DAMAGES. Driver is responsible for and will make all necessary contacts with insurance carriers in the event of a motor vehicle accident or claims against a Driver’s insurance policy for damage or injury during a Route.
  • Driver must have a mobile device with the RoadStar App running when offering on, and while performing, all Routes. Driver must not disable the RoadStar App or its geo location software at any time during Route performance. Drivers shall abide by all laws regarding talking or texting while driving.
  • All vehicles used by Driver during a Route shall be in good operating condition and, on the outside, clean and well maintained without material physical damage, and on the inside smoke and odor free, and free of excessive pet dander, always during the Route. If required by the laws of the state in which a Driver performs Routes, Drivers must have a standard, general inspection and needed maintenance performed on their vehicle no less than yearly. Drivers must keep records of such inspections and shall provide its latest inspection records to RoadStar upon request. Vehicles will not display any indication of services being performed. Driver shall not use open convertibles or open truck beds in the performance of any Route containing animals, perishable or delicate items.
  • Driver shall have a well-groomed appearance and will not wear clothing displaying the logo or brand of any company or entity, whether belonging to such Driver’s employer, or other clothing, which is obviously and generally offensive. Drivers shall not smoke at any time during a Route, including on the way to pick up a delivery. Drivers, while providing Delivery Services, shall not participate in any activities that will take the focus off their assigned responsibilities. Driver shall not be under the influence of any illegal drugs and or alcohol. Driver understands that Driver’s account will be terminated upon RoadStar gaining knowledge of Driver performing Routes while being under the influence of any illegal drugs and or alcohol.  If there is a credible allegation against Driver that Driver was performing Routes while being under the influence of any illegal drugs and or alcohol RoadStar may suspend or terminate such Driver’s account until Driver can provide satisfactory evidence (in the form of a drug test or otherwise) that Driver was not under the influence.  Drivers shall abide by all laws regarding talking or texting while driving.
  • Drivers shall not enter Route recipient’s home, nor enter or access any secure, private or employee only areas in any place of business (including airports) while delivering a Route under any circumstances.
  • Drivers shall not solicit tips or other additional compensation from Shipper’s or Route recipients and agrees that any additional compensation paid to a Driver is at a Shipper’s sole discretion.
  • Drivers are required to visually inspect Routes prior to leaving with the Route and must take pictures of any visible damage. If Driver fails to inspect it is done at Driver’s own risk. Drivers will be held liable for property damage that occurs between pick up and drop off if no evidence of prior damage exists.
  • Drivers are required to take a picture of all items left without a recipient signature as proof of delivery. Such picture must be taken with adequate lighting and show that the items were left at the correct address.
  • Drivers will present to RoadStar adequate evidence of incurring any reimbursable expense (a receipt) within fifteen (15) days of incurring the expense, include parking fees and tolls. If a Driver fails to provide such evidence within such time period, RoadStar shall have no liability to reimburse Driver for the expense.
  • Driver will not discriminate or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
  • Driver agree not to collect or store the name, address, phone number or other personal or confidential information of any User or Route recipient and will not use any personal or confidential information of any User or Route recipient except as necessary to perform and complete the performance of the Route. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF SUCH PERSONAL INFORMATION AND YOU UNDERSTAND THAT ALL SUCH INFORMATION MUST NOT BE DISCLOSED TO ANY OTHER PERSON. You must immediately report to RoadStar any circumstances whereby personal data or confidential information may have been lost, stolen or otherwise disclosed in an unauthorized manner.
  • Unless working as part of an authorized Driver team, you shall not be accompanied by any other person while performing a Route. Under no circumstances shall you have a minor in your vehicle while performing a Route.

RoadStar Senders Agreement.

This Shippers Agreement is a part of RoadStar’s Terms & Conditions (“Terms”) and is incorporated therein by this reference. By using and accessing our Platform and requesting Delivery Services, each Shipper agrees, represents, warrants, acknowledges and agrees that:

  • Shipper is at least 18 years of age and has all right and authority to lawfully use the Services or otherwise has the full right and authority to contract for the Route and send all items contained in a Route.
  • Shipper will specifically list, photograph and disclose to the Driver, prior to the Driver accepting the Route, all items included in the Route will not include in any Route any “Prohibited Items” as listed in the Terms, whether consented to by a Driver or not. Shipper acknowledges and agrees that RoadStar is not responsible for the contents or loss of any Prohibited Item. RoadStar reserves the right to dispose of the Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the Item, including delivery to the proper authorities. Sender acknowledges and agrees to RoadStar’s Open Box Policy and will allow a Driver to visually inspect all items in a Route prior to departing with the Route.
  • Unless Shipper has a separate special written agreement with RoadStar, Shipper will not include in any Route any “Exclusive Item”. Shipper acknowledges and agrees that RoadStar is not responsible for the contents or loss of any so included Exclusive Item. RoadStar reserves the right to dispose of any unauthorized Exclusive Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the Item, including delivery to the proper authorities.
  • Shipper has the responsibility to properly pack all items in a Route, including Live Animals, enough to withstand transport, ensure the safety and integrity of the item and in compliance with all applicable laws. Shipper acknowledges and agrees that the RoadStar Protection Plan does NOT cover reimbursement for any loss or damage to any Route resulting from (1) any breach of this Agreement or the Terms; (2) sending any items on the “Prohibited Items” list; or (3) inadequate packaging.
  • Shipper acknowledges and agrees that the RoadStar’s maximum liability under its Protection Plan is $500 per occurrence, unless Additional Protection is purchased.
  • Shipper will only contract for or arrange a Route (or other similar services) with a Driver through the RoadStar Platform and will not knowingly engage a Driver who has delivered a Route for Shipper prior to perform Delivery Services outside of the RoadStar Platform. Shippers shall not enter any personal information into the title of a Route, including phone numbers or addresses.  All personal information should be entered in the appropriate sections indicated in the App.
  • Shipper will not discriminate or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.

Promotions.

RoadStar may at intervals offer promotions with promo codes or discounts to be used on RoadStar platforms to purchase services. These promotional codes or discounts are RoadStar’s own way of rewarding its customers. Rewards, discounts or promos vary in value RoadStar. A valid promo code will expire if it is not used to purchase one of our Route services in the maximum time allowed. Promo Codes or Discount Codes gotten through unauthorized means will be disallowed.  RoadStar promo and discount codes are service credits with a cash value. RoadStar reserves the right to discontinue these Promotional codes at any time.

RoadStar Dispute Resolution by Arbitration.

YOU CONSENT TO READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES THAT YOU ARBITRATE DISPUTES WITH ROADSTAR CORPORATION AND LIMITS THE OPTIONS YOU MAY HAVE AS YOU SEEK RELIEF IN DISPUTE RESOLUTION. THE PART OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.

Scope. You agree that any dispute or claim arising  from the use of  RoadStar Platform Services  as a customer, driver, user, delivery provider, or community member to access any Third Party platform or services, for advertising, communication, products or services sold or distributed through the Services that you received as a customer through our Platform, App or Website or to any aspect of your relationship or transactions with other businesses as a community member, customer or user of our Services will be settled by this Arbitration Agreement, rather than in court of law or before a judge. Other instances may create exception to this rule, for instance: (a). You may decide to file a claim in small claims court; those claims can only go forward on an individual basis (no attorney representation, no tort or class action) and (b). You may also decide to see relief or remedy on behalf of your business or yourself in court for business or intellectual injury or misuse of intellectual property rights (such as trademarks, technology content, marketing secrets, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive all claim prior to Effective Date of this Agreement.

IF CASES ARE PENDING AGAINST ROADSTAR IN COURT(S), BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.

Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at: 3670 River Mansion Drive, Peachtree Corners, GA, 30096. You may call JAMS at 800-352-5267. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing or other fees and cannot obtain a waiver of fees from JAMS, the RoadStar will pay them for you. In addition, the Company will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at mutually agreed location.

Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The arbitrator will convene conference calls or meetings conducive to all parties involved to issue, declare or announce a written decision describing the essential findings and conclusions on which any award decision is based, including the calculation of any damages awarded. The arbitrator shall be guided and follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and RoadStar.

WAIVER OF TRIAL BY JURY. PLEASE KNOW THAT YOU AND ROADSTAR WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO LITIGATE IN COURT AND RECEIVE A JUDGE OR JURY BY YOUR PEERS TRIAL. You and RoadStar are in the alternative agree to have all claims and disputes resolved by arbitration, except as specified in section Scope(a) above. The arbitration process as outlined in JAMS does not provide for a judge or jury trial, and a court review of a settled arbitration is very limited.

Waiver of Class Action Lawsuits and Other Litigations with Public Interests. YOU AND ROADSTAR AGREE TO WAIVE ANY RIGHT TO SUE IN FAVOR OF RESOLVING PENDING CLAIMS WITH THIS ARBITRATION AGREEMENT ON A CLASS, GROUP ACTIONS, OR TORTS LAWSUITS BROUGTH FORT BY LAWYERS OF CLAIMANTS. IN VIEW OF THIS ARBITRATION AGREEMENT ALL CLAIMS AND DISPUTES YOU MAY SEEK OR ARE SEEKING SHALL BE ARBITRATED AN INDIVIDUAL CLAIMANT AND NOT BY CLASS ACTION LITIGATION. NOTE THAT NO CLAIM WILL BE ARBITRATED JOINTLY BY A GROUP OR CLASS.

If this waiver of rights does not insufficient to address the concerns of groups or joint grievances by class or tort, the parties or claimant may elect not to use this arbitration process set forth in this agreement and should instead make such claims in the court of law.

Opting Out of the Arbitration Agreement. You may opt out of this Arbitration Agreement. All the parties to this Agreement, you and RoadStar, agree not to force or compel the other to arbitrate. To opt out this Arbitration Agreement, you must notify the RoadStar in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your RoadStar username, the email address you used to set up your RoadStar account, and a simple message that says, “I OPT OUT” OF THIS ARBITRATION AGREEMENT. You must send opt-out notice to: [email protected]. Opting out of this Arbitration Agreement does not affect any other parts of RoadStar Terms and Condition Agreement. All users of the Platform will still be subject to ALL existing Agreements. Moreover, opting out of this Arbitration Agreement does not affect any other arbitration agreements that you may have entered with us or may enter with us in the future. NOTHING IN THIS AGREEMENT SHALL SURPASS, CHANGE, CANCEL OR INVALIDATE THE TERMS OF ANY OTHER AGREEMENT(S) BETWEEN YOU AND ROADSTAR, AS IT RELATES TO ROADSTAR EMPLOYEES, DELIVERY PROVIDERS, DRIVERS, CONTRACTORS AND COMMUNITY MEMBERS. IT IS IMPORTANT TO NOTE THAT IF YOU ARE A Contractor, OPTING OUT OF THE ARBITRATION AGREEMENT, AS DESCRIBED ABOVE, HAS NO EFFECT ON YOUR AGREEMENT TO ARBITRATE DISPUTES COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH ROADSTAR.

Survival of this Arbitration Agreement. This Arbitration Agreement will survive even after you end your relationship with RoadStar.

Future change to this Arbitration Agreement. If there is a material change to this Agreement by RoadStar in future, it will not affect an ongoing or pending claims being adjudicated by the existing arbitration process.

RoadStar Third-Party Relationship.

Third-Party Websites, Platforms, Applications and Marketing Publications. The services of Third Parties are the sole property of Third Parties. When you click on the link to a Third-Party Website, Third-Party Application or Third-Party Marketing Publications, RoadStar will not give you prior notification that you are leaving RoadStar’s Website or App or Platform and will not warn you that you are subject to the Terms and Conditions, including Privacy Policies, of a Third Party website or platform. Such Third-Party Websites their Marketing Publications, like promotions, discounts and advertisements are not under the control of RoadStar. RoadStar will not be responsible for any of the products, services, marketing designs and publications. RoadStar does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Platforms, Websites, Applications, Marketing Publications or their products or services. You agree that your use of these Third-Party platforms is at your own risk. We strongly advise that you carefully analyze, inspect and scrutinize terms, disclosures and privacy policies of Third-Party Providers, before using their products and services.

NOTICE REGARDING APPLE. You acknowledge that this Agreement is between you and RoadStar only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation to provide any maintenance or service support with respect to the working of the App. If for any reason the App fails, for the purposes warranty, we recommend you call Apple to inform them about purchase defects and possible refunds. Besides this remedy, Apple has no other known warranty obligation to the user with respect to the App. Apple is not responsible for addressing any claims by you or any third party as it relates to the use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the Apple fails or decline to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any Third-Party claim or Third-Party Intellectual property rights violations arising from the use of the application in your possession. If necessary, you agree to comply with all applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Terms and Condition Agreement, and upon your acceptance of this Terms and Condition Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms and Condition Agreement against you as a third party beneficiary of this Terms and Condition Agreement. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government sanctions, embargo or that which has been designated by the U.S. Federal Government as a “terrorist or state sponsor of terror” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Social Media Guidelines.

RoadStar maintains certain social media pages for the benefit of the RoadStar community. By posting, commenting, or otherwise interacting with these pages, you agree to abide by our Social Media Community Guidelines:

    • Be respectful of the rights and opinions of others. Be willing to agree to disagree and move on
    • Stay on topic
    • Be transparent and honest
    • Add value: Be part of the conversation, but don’t take it over
    • Avoid hateful speech, personal attacks, flaming, profanity, vulgarity, pornography, nudity and abusive language
    • Keep private contact information (e.g. home phone number, address) out of your posts. 

If you are not abiding by these guidelines, then your comments may be hidden, deleted, banned or otherwise removed.

Delivery of Alcohol and Tobacco

A Driver must be 21 years of age to undertake any Routes containing tobacco and alcoholic products.

A Driver on Route for the delivery of tobacco and alcoholic beverages must request a valid, government-issued identification to confirm that the receiver is 21 years of age at the minimum. Examples of valid, government-issued IDs are Driver’s licenses, Passports, U.S. military IDs and Permanent Resident Cards.

When delivering an item involving all alcoholic beverages, a Driver must be vigilant to establish that the receiver is not conspicuously drunk or intoxicated before delivering the Items. Most States in the United States have laws prohibiting the delivery of alcoholic beverages to anyone who is visibly intoxicated. A Driver, on RoadStar platform, is strongly advised to pay extra attention to this in order not to become personally liable for breaking the Law.

Signs of Intoxication commonly referred to as drunkenness.

Serving alcohol to a visibly intoxicated person is against the law. If you can
tell on sight that a person has been drinking or using other drugs, the person is
visibly intoxicated.

If a person shows a combination of several signs that could be a strong indication that the person is intoxicated. Remember that intoxication can result from the use of drugs other than alcohol.

IF YOU’RE NOT SURE OF WHAT TO DO, DON’T DELIVER THE ITEM, CONTACT ROADSTAR SUPPORT.

Appearance
1. Bloodshot, glassy, or watery eyes
2. Flushed face
3. Droopy eyelids
4. Blank stare or dazed look
5. Twitching or body tremors
6. Disheveled clothing
Speech
7. Thick, slurred speech
8. Loud, noisy speech
9. Speaking loudly, then quietly
10. Rambling train of thought
11. Unusually fast or slow talking
12. Slow response to questions or
comments
13. Repetitive statements
14. Bravado, boasting
15. Making irrational statements
Attitude
16. Annoying other guests and
employees
17. Argumentative

  1. Aggressive or belligerent
    19. Obnoxious or mean
    20. Inappropriate sexual advances
    21. Overly friendly to other guests or
    employees
    22. Boisterous
    Behavior
    23. Swaying, staggering, or stumbling
    24. Unable to sit straight
    Behavior (cont.)
    25. Careless with money
    26. Difficulty making change
    27. Restless
    28. Depressed or sullen
    29. Crying or moody
  2. Extreme or sudden change in
    behavior
    31. Overly animated or entertaining
    32. Crude, inappropriate speech or
    gestures
    33. Drowsiness or falling asleep
    34. Lack of focus and eye contact
    35. Difficulty standing up
    36. Unusual walk
    37. Can't find mouth with glass
    38. Falling or falling off chair
    39. Difficulty lighting cigarettes
    40. Lighting more than one cigarette
    41. Clumsy
    42. Difficulty remembering
    43. Spilling drinks
    44. Disoriented
    45. Agitated, anxious
    46. Grinding teeth
    47. Vomiting
    Other
    48. Odor of alcohol, marijuana or
    chemicals
    49. Excessive perspiration
    50. Repeated trips to rest room or
    outside area.

In any event, if the driver is unable to complete the delivery of alcohol or tobacco products for one or more of these reasons, you will be charged a $20 re-stocking NON-REFUNDABLE fee.

Indemnification

You agree to indemnify and hold harmless  and RoadStar officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of RoadStar App or Platform; (c) your breach of this Terms and Condition Agreement or any representation, warranty or covenant in this Terms and Condition Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the RoadStar App or Platform. In the event of any disputes, claim, complaints, litigations or court actions relating to parts of this Terms and Condition Agreements, you agree that you will be responsible for paying the cost or charges by the defense team of the Indemnified Party, and or other charges that may arise. You agree that the provisions in this Terms and Condition Agreement shall remain even after your account with RoadStar ceases to exist.

RoadStar Disclaimer Statement and Warranties

Statement: ROADSTAR DOES NOT OPERATE AN ERROR FREE APP, PLATFORM, WEBSITE OR SERVICE.

WITH THIS IN MIND, THE SOFTWARE, APP, PLATFORM AND WEBSITE SERVICES IS PROVIDED “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESSLY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE AUTHORS OR COPYRIGHT HOLDERS SHALL AT NO TIME BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ROADSTAR APP, PLATFORM, WEBSITE AND SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IN ANY EVENT THE SOFTWARE FAILS AND RESULTS IN LOSS OF SERVICE DUE TO MAINTENANCE ISSUE OR BREAKDOWN OF SERVICE BEYOND OUR CONTROL, THAT MAY LEADS TO EQUIPMENT OR DATA, ROADSTAR SHALL NOT BE RESPONSIBLE FOR THOSE FINANCIAL LOSS.

Internet Delays

The Platform, App and Website may be subject to internet delays and other limitations. RoadStar is not responsible for any communication delays, delivery failures, App loading slowly, or damage, loss or injury resulting from such problems.

Breach and Limitation of Liability

  • You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient, and to provide the Platform Services at low cost.  You understand and agree to the limitations on remedies and liabilities set forth in this Section to keep the Platform Services simple and efficient, and low costs, for all users.

(b) Cap on Liability. BY LAW ROADSTAR’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO DOORDASH IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT LEADING TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO ALL CUSTOMERS AND USERS OF ROADSTAR PLATFORM.

(c) Disclaimer of Certain Damages. AS THE LAW PERMITS, ROADSTAR SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY PENALTY, EXCLUSIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, ANY FINANCIAL LOSS, ECONOMIC HARDSHIP, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE). 

Exclusive Venue

The parties are permitted under this Terms and Condition Agreement to initiate litigation in a court, both you and RoadStar agree that all claims and disputes arising out of or relating to the Terms and Condition Agreement will be litigated exclusively in the state or federal courts located in Gwinnett County if live in Georgia, and in the United States District Court for the District in which you reside if you do not reside in Georgia.

Termination

If you violate this Term and Condition Agreement, RoadStar may respond based on several factors including, but not limited to, the severity of your actions and whether this is a pattern of harmful behavior. 

Furthermore, at its sole discretion, RoadStar may re-customize, correct or revise or terminate access to the App or Platform Services, for any reason, with or without notice to you and without liability to you or any Third Party. In addition to suspending or blocking your access to the Platform Services, RoadStar has the right to take reasonable legal action, in addition to but not limited to filing civil, criminal or injunctive lawsuits. The Term and Condition Agreement will remain in effect against you after your access to the platform has ended. All provisions in this Agreement which by their nature should remain to give effect to existing provisions shall survive the termination of this Agreement.

Copyright Infringement

RoadStar shall halt any User, Driver, Customer or Community member’s privileges who infringes on copyright repeatedly once it comes to the attention of RoadStar by the copyright owner or the copyright agent. Without this in mind, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for RoadStar: [email protected] for notice of claims of copyright infringement.

General

No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, RoadStar or any Third-Party provider as a result of this Term and Condition Agreement or use of RoadStar App, Platform or Website.

(b) Choice of Law. This Agreement is governed by the laws of the State of Georgia consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

(c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

(d) Consumer Complaints. You may report complaints to: http://consumer.georgia.gov/consumer-topics/filing-a-complaint  or call Georgia Consumer Protection: 1800-869-1123

(e) Accessing and Downloading the Application from iTunes. The following applies to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):

(1) You acknowledge and agree that (i) the Agreement is concluded between you and RoadStar, and not Apple, and (ii) RoadStar, only, not Apple, is solely responsible for the App Store Sourced Application and content thereof. You must agree and comply with the App Store Terms of Service.

(2) You agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(3) In the event of failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store Sourced Application to you and to the fullest extent allowed by law, Apple will have no other warranty obligation with respect to the App Store Sourced Application. Any disputes, claims, financial losses, product liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, by using the App Store to source the RoadStar App, will be the sole responsibility of RoadStar.

(4) Just as the relationship between You and RoadStar and that between RoadStar and Apple, Apple is not responsible for responding to any claims you have or any claims of any Third Party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(5) RoadStar and You accept that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that Third Party’s intellectual property rights, as between RoadStar and Apple, RoadStar, only, not Apple, is responsible for the investigation, legal defense, arbitration, settlement and discharge of any intellectual property infringement claim as outlined in that provision or Agreement.

(6)  RoadStar and You acknowledge and agree that Apple, and Apple’s subsidiaries, are Third-Party recipients of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the Terms and Conditions, Apple will have the right to enforce the Terms and Agreement as related to your license of the App Store Sourced Application against you as a Third-Party recipient thereof.

(7) Without limit, you must comply with all applicable Third-Party terms of agreement when using the App Store Sourced Application.

(f) Notice. RoadStar depend upon you providing the right and current email address, you are responsible for providing RoadStar with your most current email address. RoadStar’s dispatch of email containing changes to existing Terms and Conditions to a faulty or expired email provided by you will still constitute effective notice. You may give notice to RoadStar at: [email protected], Such notice shall be deemed given on the next business day after such email is received by RoadStar

(g) Electronic Communications. For contractual purposes, you (1) consent to receive communications from RoadStar  in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that RoadStar provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current.

(h) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RoadStar without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.

(i) Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or alter the terms of any separate Contract and or Agreement(s) between you and RoadStar relating to your relationship as a vendor, Independent Contractor, Driver or Delivery Provider.