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NEXTUP LOGISTICS LLC TERMS AND CONDITIONS 

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TERMS OF USE

Effective date: __1___day of __March__ 2023

The NEXTUP LOGISTICS website, is owned and operated by NEXTUP LOGISTICS LLC carrying on its business activities 655 NW 89 Ave Plantation, FL. 33324. These Terms of Use govern your use of this NEXTUP LOGISTICS website services. 

1. YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use hereinafter referred to as “TOU” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and NEXTUP LOGISTICS LLC (“NEXTUP LOGISTICS, we,” “us” or “our”), concerning your access to and use of www.nextuplogs.com, and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, “the website or site” or NEXTUP LOGISTICS”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOU Use. IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

Supplemental TOU or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOU at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these TOU and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these TOU to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued use of the Site after the date such revised Terms are posted. 

2. YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these TOU, you agree to the terms of our Privacy policy which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

3. YOUR CONSENT TO OTHER AGREEMENTS

When you intend to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these TOU, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

4. ABOUT NEXTUP LOGISTICS

NEXTUP LOGISTICS LLC is an auto transport company carrying on its business operations in Florida. We provide reliable and affordable car transport services door to door. Our mission is to provide the best vehicle transportation services to our clients and co-workers. With over 5 years of business expertise, we endeavour to give our clients with competitive pricing and transparency at all times.

You can get started in three easy steps:

· Speak with one of our experienced agents to book your order

· We pick up your vehicle

· Receive your vehicle!

5. OUR SERVICE FEATURES

1. Upon user’s request, NEXTUP LOGISTICS will arrange for the transportation of the user’s      Shipment by Carriers subject to these TERMS. NEXTUP LOGISTICS reserves the right, in its sole discretion, to refuse or cancel any Order at any time.
2. NEXTUP Logistics’ services are deemed completed when a Carrier has accepted     the user’s Order.
3. User understands and accepts that NEXTUP LOGISTICS (i) operates only as a transportation broker, (ii) is not a motor carrier or transporter, and (iii) does not hold itself out      as providing the transportation of property.
4. User expressly understands and agrees that NEXTUP LOGISTICS never takes custody or possession of,  transports, or handles user’s Shipment, or assumes any liability for the Shipment.
5. All ocean transportation arranged by NEXTUP LOGISTICS will also be subject to the terms and      conditions of the ocean Carrier’s bill of lading, tariff, schedules, rates and rules. Ocean Carriers offer limited liability coverage for loss or damage, and user must inquire with the ocean Carrier about purchasing additional  insurance.
6. NEXTUP LOGISTICS shall provide user with an estimated pickup and estimated delivery date,      however, delays may occur prior to, and/or during transport due to weather or road conditions, government regulations, mechanical problems, and other causes that are beyond NEXTUP Logistics’ control. NEXTUP LOGISTICS  cannot and does not guarantee delivery dates or times. User understand and accepts that NEXTUP LOGISTICS is not – responsible or liable for any losses or expenses caused by delays of any kind or for any reason.

6. USER’S RESPONSIBILITIES

1. Accuracy of Information. User understands and accepts that only User is responsible to ensure the accuracy of all of the details including the description of the Shipment (year, make, model, body style, trim, etc.), Point of Origin, Destination, fees, and special instructions in the Order Confirmation, and as applicable, on the Carrier’s Form, Bill of Lading, or other required documents. Any changes or corrections to the Shipment description or any other changes to an Order may result in additional fees or cancellation of the Order. User waives all claims against  NEXTUP LOGISTICS for any additional charges or cancellation if the Shipment does not match the Shipment listed in the Order Confirmation.
2. Shipment size and condition. User must inform NEXTUP LOGISTICS about the Shipment’s size and condition at the time of booking   and prior to the pick-up date. User understands and accepts that if the Shipment is or becomes inoperable during the transit, or if the Shipment (i) is modified from the original equipment manufacturer (“OEM”) condition with features including but not limited to aftermarket spoilers, lowered chassis, height modifications, etc., (ii) is oversized due to but not limited to dual or oversized wheels, extra-large tires, racks, lifted chassis (iii) is a large vehicle such as a limousine or a hearse, then the Carrier may charge additional fees to transport such Shipment or refuse to transport the Shipment altogether.
3. Preparing Shipment. User understands and accepts that User is responsible for preparing the Shipment for transportation. User must either secure or remove all loose parts,  fragile accessories, low hanging spoilers, etc. prior to shipment. User must remove all  non-permanent, outside mounted luggage and other racks prior to shipment.  Shipment must be tendered to Carrier in operable condition with no more than a quarter tank of fuel. User understands and accepts that the user is responsible for any damages, losses and claims to the Shipment, other      vehicles and/or persons which are caused by any part of the Shipment that becomes loose or detached during the transport.
4. Alarm. User must disarm any alarm system installed in the Shipment or provide clear instructions for disengaging it to the Carrier. In the event such alarm is activated during the transit, and there are no keys or instructions to turn it off, Carrier may be forced to silence alarm by any reasonable means available and without recourse by the User.
5. Prohibited Items. User understands and accepts that User is expressly prohibited from loading any explosives, guns, ammunition, weapons, flammable products, live pets, live plants, any contraband, drugs or narcotics, alcoholic beverages, and or  any illegal goods in the Shipment. User understands and accepts that upon discovery, such prohibited items and/or the Shipment may be confiscated or disposed of by law enforcement, or the Carrier and the Order may be cancelled in entirety  without any remuneration or compensation to User and User will be solely      responsible for any fees, fines, damages, or other liabilities arising from a violation of this Section.
6. Shipment by sea. User understands and accepts that no personal property of any nature or value and no illegal goods will be allowed in the Shipment for transportation by sea and User will ensure that the Shipment is completely empty except for OEM or factory installed equipment. User is responsible for furnishing all required documents  and paperwork required by U.S. and international customs. User must share the vehicle identification number (VIN) and its approximate value in U.S. dollars at  the time of placing the Order. If the Point of Origin or Destination is a shipping port, then User agrees to pay any associated additional fees.

7. USER CONDUCT

• You agree that you will not violate any law, contract, intellectual property or other third party      right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. 
• You agree that you will abide by these Terms and will not: Engage in any harassing, threatening,      intimidating, predatory or stalking conduct; 
• You agree that you will  not use or attempt to use another user’s account without authorization      from such user and NEXTUP LOGISTICS.
• You agree that you will not use the Sites in any manner that could interfere with, disrupt,      negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
• You agree that you will not do anything that might discover source code or bypass or circumvent      measures employed to prevent or limit access to any Content, area or code of the Sites; 
• You agree that you will not attempt to circumvent any content-filtering techniques we employ.
• You agree that you will not access any feature or area of the Sites that you are not authorized to      access.
• You agree that you will not develop any third-party applications that interact with the Sites      without our prior written consent.
• You agree not to use any robot, spider, crawler, scraper, script, browser extension, offline      reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality.
• You agree that you will not bypass or ignore instructions contained in the robots.txt file, that      controls all automated access to the Sites or Use the Sites for any  illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

8. PICKUP AND DELIVERY OF SHIPMENT

1. User understands and accepts that a change to Point of Origin and/or Destination may be      necessary due to municipal zoning restrictions, road conditions, road closures, low hanging trees, low hanging wires, narrow streets, residential area restrictions, etc.
2. If the Carrier is unable to access the Point of Origin or Destination, User agrees to meet the      Carrier at an alternate location in order for the Carrier to safely pick up or drop off the Shipment.
3. User must be present at the Point of Origin and Destination for the pickup and/or delivery of a      Shipment, or User must designate a User’s Agent if User is unavailable for any reason.
4. At the time of pickup at the Point of Origin, User or User’s Agent agrees to 1) carefully inspect      the Shipment with the Carrier for pre-existing damage, and 2) acknowledge the condition of the Shipment by a) noting any pre-existing damage on the Carrier Form or Bill of Lading, b) signing the Carrier Form or Bill of Lading, and c) requesting a copy of same from the Carrier. User or User’s  Agent is also urged to photograph the Shipment from all angles at the Point of Origin.
5. At the time of delivery at  Destination, User or User Agent agrees to carefully inspect the Shipment      in the presence of the Carrier for possible transit damage and clearly notate any new damage as exception on the Bill of Lading. User or User’s Agent agrees to sign and require a final copy of the Bill of Lading signed by the Carrier to serve as a final Shipment condition report, especially      in case of a dispute with the Carrier. Again, User or User’s Agent is  urged to photograph the Shipment from all angles prior to signing the Bill of Lading.
6. User understands and accepts that User’s or User Agent’s signing of the Carrier’s Form or Bill of Lading at Destination without any notation of any damage regardless of the lighting or weather conditions at the time of inspection, will serve as confirmation that User received the Shipment at      destination in satisfactory condition and that User and the Carrier will have no further responsibility.

9. PAYMENTS 

1. User agrees to pay all amounts due in full for each Order and any Additional Services as per the      terms of the Order Confirmation and these TERMS without any offsets, chargebacks or reductions by User for any actual, pending or unfiled claims, losses, delays, or damages. Payment for NEXTUP Logistics’ services is due when a Carrier accepts an Order as NEXTUP Logistics’ services have been rendered at that point.
2. The user accepts that payment to the carrier will be made as agreed between the carrier and the      client. At the time of delivery, the carrier may accept debit, cash, cashier's check, or credit card. That aspect of the payment procedure is not delegated by NEXTUP. All payments for the balance due to the Carrier for C.O.D. must be made on or before the delivery of Shipment in the form of cash, certified funds, cashier’s check or money order made payable to the Carrier. 
3. Any outstanding invoices for NEXTUP Logistics’ services shall accrue an interest rate of one and a      half percent (1.5%) per month and User shall be liable to NEXTUP LOGISTICS for all expenses incurred by NEXTUP LOGISTICS, plus reasonable attorney’s  fees, to collect any outstanding charges.
4. If Shipment is placed in storage due to User’s refusal to pay the fees or accept delivery from the      Carrier for any reason, then the Shipment may be placed in storage at User’s expense and subject to Carrier’s lien for transportation charges until User pays in full the outstanding balance. Any and all storage and redelivery  charges will be the responsibility of User and User agrees that User will      not look to NEXTUP LOGISTICS for reimbursement.

10.  CANCELLATION AND REFUND POLICY

1. User may cancel an Order at any time at no cost or cancellation fees as long as the Order has not      yet been accepted by a Carrier. If the Order is cancelled for any reason after a Carrier accepts the Order, such reasons including but not limited to User cancelling an Order, NEXTUP LOGISTICS cancelling an Order due to the User’s breach of these TERMS or if the Carrier is denied pick up of      the Shipment for any reason when the Carrier arrives at the Point of Origin, then the User agrees to pay a minimum of (Deposit Fee) in cancellation fees as NEXTUP Logistics’ services have been rendered at that point. User  understands and accepts that the User may be subject to additional cancellation fees including but not limited to a dry run fee imposed by a Carrier and other vendors contracted to fulfill User’s Order.
2. User is entitled to a refund for only the unfulfilled portion of the services. If Additional      Services were paid for but not rendered for any reason and the Shipment  was delivered, the sole remedy for the User shall be a refund for the unfulfilled portion of the Additional Services fees.
3. Cancellation of an Order by User must be submitted in writing via email sent to info@nextuplog.com Cancellations made via telephone, text, chat or any other medium will not be accepted by NEXTUP LOGISTICS.

11. CARRIER RESPONSIBILITIES

1. Carrier shall (i) pick up and deliver User’s Shipment as close to User’s door or User’s designated      Point of Origin and Destination as legally and safely possible, and (ii) transport the Shipment in a commercially reasonable manner.
2. Carrier may issue a Carrier Form, receipt or Bill of Lading at the Point of Origin and/or      Destination. User or User’s Agent agrees to read such Carrier Form carefully as it may constitute a contract of transportation as between User and Carrier, and User will contact Carrier directly with any disputes or questions regarding such documents.
3. User understands and agrees that User may also be subject to the Carrier’s terms and conditions      of service, tariffs, rules or classification, copies of which must be requested by the User directly from the Carrier.

12. YOUR REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that: (i) you will only use NEXTUP LOGISTICS as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using NEXTUP LOGISTICS; (iii) you will not use NEXTUP LOGISTICS for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using NEXTUP LOGISTICS.

13. DISCLAIMER OF WARRANTIES

NEXTUP LOGISTICS IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) NEXTUP LOGISTICS WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF NEXTUP LOGISTICS WILL BE UNINTERRUPTED; OR (III) NEXTUP LOGISTICS IS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH NEXTUP LOGISTICS IS TO UNINSTALL AND CEASE USE OF ALL NEXTUP LOGISTICS PRODUCTS. Further and except as expressly provided herein, we are not obligated to maintain or support NEXTUP LOGISTICS, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of NEXTUP LOGISTICS and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.

14. LOSS, DAMAGE OR DELAY CLAIMS

1. NEXTUP LOGISTICS is a property transportation broker, therefore, is not and will not be liable for any cargo loss and damage claims for any reason.
2. If User has a claim for loss or damage to a Shipment, then User understands and agrees that the      party liable for all such claims is the Carrier and not NEXTUP LOGISTICS, and it is User’s responsibility to file any claim directly with the Carrier who transported the Shipment.
3. If User decides to file a claim against the Carrier, User must promptly report such claim to NEXTUP LOGISTICS, but in no event later than 24 hours of the delivery, so NEXTUP LOGISTICS may provide the User with relevant documents regarding the Carrier in a commercially reasonable manner.
4. User is hereby informed and understands that claims against motor Carriers are governed by federal law, the Carmack Amendment to the ICC Termination Act of 1995, 49 U.S.C. §14706,      and claims against ocean Carriers are typically governed by the Carriage of Goods by Sea Act, 46 U.S.C. §30701. User is urged to seek independent legal advice (at User’s sole expense) on these laws in the event of a claim.
5. User understands and agrees that NEXTUP LOGISTICS and Carrier are not liable for any cargo loss or damage caused by any acts or omissions that are out of NEXTUP Logistics’ or Carrier’s control including but not limited to damage caused by weather conditions including hail, storm or other acts of God, riots, strikes, political unrest, acts of terrorism, loose, worn, or broken parts of a Shipment, personal items in the Shipment

15. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF NEXTUP LOGISTICS OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE NEXTUP LOGISTICS UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF NEXTUP LOGISTICS.

16. INDEMNITY

You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your access to or use of NEXTUP LOGISTICS; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.

17. GOVERNING LAW AND DISPUTES

This Agreement will be governed by, construed and enforced in accordance with the laws of Florida, without regard to its conflicts of law principles or provisions. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Any disputes arising out of or in connection with this Agreement shall be exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The arbitration shall take place in New York and shall be conducted in the English Language. The arbitration shall be conducted on a confidential basis. The award passed by the Arbitrator shall be final and binding on both parties. Nothing contained herein shall prevent either party from applying to any court of law in order to obtain injunctions, equitable relief or any equivalent remedy, against the other Party, in order to restrain the breach of any restrictive covenants pursuant to this Agreement. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible. Accordingly, for any claim that you have with us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim (“Notice”). If you and we cannot reach an agreement to resolve the claim within 30 days after the Notice is received, then either party may file a claim in court. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO NEXTUP LOGISTICS OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

18. GENERAL

These Terms constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.

19. Contact Us.

If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at www.nextuplogs.com and we will make an effort to reply within a reasonable time-frame.