This agreement is between Driveway Solutions.com, LLC, an Oklahoma limited liability company, and the Shipper or Broker who agrees to these terms by becoming a member.  Driveway Solutions.com, LLC, an Oklahoma limited liability company, offers access to Shippers and Brokers to its website marketing software services through its internet domain, Bidmytrucks.com.  All references of Bidmytrucks.com contained herein shall mean Driveaway Solutions.com, LLC.

Bidmytrucks.com is an internet and mobile based national bid board that matches shippers and brokers needing certain commercial vehicles transported with Driveaway Service Providers (DSPs).  Bidmytrucks.com provides a driveaway transport industry national competitive marketplace for competitive pricing for the transport of vehicles by driveaway transport. 

This agreement, the Privacy Policy, and all policies and content posted on the Bidmytrucks.com domain, and the listing and bidding services on the website (the driveaway transport marketing platform or DTMP) describe the terms and conditions with which Bidmytrucks.com offers to Shippers and Brokers who accept this agreement by registering as members. Members in good standing will be granted access to and use of the DTMP service offered at Bidmytrucks.com.

Driveaway Solutions.com, LLC reserves the right to change its terms and conditions, including this agreement, from time to time with or without notice to members.  It is the responsibility of each member to periodically review the website, Bidmytrucks.com, for changes which may have been made. The continued use of the DTMP, Bidmytrucks.com, will constitute acknowledgment and acceptance of the modified terms of this agreement.  Driveaway Solutions.com, LLC will attempt to notify all members  in good standing of material changes made to the terms of Agreement and the date in which such changes take effect.  The terms of this Agreement may not be modified, amended, or changed by members in any manner.

BY REGISTERING AS A MEMBER WITH BIDMYTRUCKS.COM YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT REGISTER AS A MEMBER. 

Driveaway Soultions.com, LLC is an Oklahoma limited liability company located at 200 N. Sooner Road, Edmond, Oklahoma County, OK 73034.  Its telephone number is (800) 414-6080. 

Its email is: support@bidmytrucks.com. Bidmytrucks.com is a domain and website owned by Driveaway Soulutions.com, LLC, which is copyright protected.  All references to Bidmytrucks.com or to DTMP shall mean Driveaway Solutions.com.   Nothing on the website may be republished, printed off, downloaded, copied or reproduced, in whole or in part, without the express written permission of Driveaway Solutions.com, LLC.  You agree not to republish, print off, download, copy or reproduce, in whole or in part,  any portion of our DTMP, without the express written permission of Driveaway Solutions.com, LLC.  

1.         The Service Provided by Bidmytrucks.com. Bidmytrucks.com offers desk top and mobile internet access to its bid board where shippers and brokers (members) can post vehicles desired to be transported from a designated location to another designated location, requesting that DSPs bid for the driveaway transportation of the vehicle or vehicles.  The shipper or broker will make its own decision of whether or not to accept or reject a bid.  Once a bid is accepted, the transaction fee is automatically paid to Bidmytrucks.com, and the shipper or broker and the DSP will both be notified.  The involvement of Bidmytrucks.com in the driveaway transport transaction is ended at that point.  Bidmytrucks.com only serves as a neutral marketplace internet platform to bring shippers, brokers, and DSPs together for the marketplace competitive bidding process to take place.  Although we will work hard to provide a quality service, you understand and agree that we cannot promise or guarantee specific results from using our DTMP.  You understand and agree that interruptions of the DTMP may occur that are out of our control.  YOU ALSO UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY PROVIDERS THAT WE MAY USE NOR RESPONSIBILITY OR LIABILITY FOR ANY FAILURE, INCLUDING A BREACH OF SECURITY OF PAYMENT INFORMATION YOU PROVIDE TO US, RELATED TO THE SERVICES PROVIDED BY A THIRD PARTY PROVIDER.  You understand and agree that the DTMP is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications. 

2.        License and Acceptable Use. The Bidmytrucks.com website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or applications and code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of our website including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of the Bidmytrucks.com does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute our Intellectual Property Content, or use it in any other way for public or commercial purpose. Bidmytrucks.com grants to you a non‑exclusive, non‑transferable, limited license to make use of the Bidmytrucks.com DTMP to request a bid for the driveaway transport of vehicles which you post needing driveaway transport. This license does not include any other use of the website contents; any collection and use of any posted listings, descriptions, or bids; any downloading or copying of information from our website is prohibited; any use of data mining, robots, or similar data gathering and extraction tools is prohibited. All rights not expressly granted to you in this Agreement are reserved and retained by us.

2.        Definitions.

Bid Board.  The DTMP, known as Bidmytrucks.com, provides an opportunity for shippers to post on our website vehicles for driveaway transport from one location to another, seeking competitive bids from DSPs.  This location on our DTMP where vehicles are posted for driveaway transportation bids is known as our Bid Board. 

Bidmytrucks.com.  Bidmytrucks.com is a domain and website owned by Driveaway Solutions.com, LLC, an Oklahoma limited liability company.  Bidmytrucks.com serves a neutral software marketing platform made available to brokers and shippers of vehicles seeking driveaway transport of the vehicles from one location to another by posting on our website their vehicles for transport requesting competitive marketplace bids by Driveaway Service Providers.  Bidmytrucks.com does not engage in the actual transport of vehicles and is not a party to any agreement for the transport of vehicles between our members (shippers or brokers and DSPs). 

Broker.  A broker is a person licensed by the Federal Motor Carrier Safety Administration as a broker who acts as an intermediary between the shipper and the DSP.  The broker arranges, or offers to arrange for compensation the driveaway transportation of a vehicle by an authorized motor carrier.  Motor carriers, or persons who are employees or bona fide agents of carriers, are not brokers within the meaning of this definition when they arrange or offer to arrange the driveaway transportation of vehicles which they are authorized to transport and which they have accepted and legally bound themselves to transport.

Driveaway Transport.  Driveaway transport is the transportation of a vehicle or vehicles for a shipper or broker. The Driveaway Service Provider will provide a licensed driver to drive the vehicle itself from one location to another. Vehicles may be transported as singles, boomed two-ways, decked sets or hauled. 

Driveaway Transport Marketing Platform (DTMP).  This agreement, the Privacy Policy, and all policies and content posted on the Bidmytrucks.com domain, and the listing and bidding services on the website are known collectively as the driveaway transport marketing platform or DTMP.    

Member.  Our members may be shippers, brokers, and driveaway service providers who register with Bidmytrucks.com. 

Shipper.  A person or company that arranges to have vehicles shipped on their own behalf by a driveaway service provider (DSP). The shipper may be the consignee (recipient of the shipment) or the consignor (sender of the shipment), or a 3rd party that is neither. 

Driveaway Service Provider (DSP). Any party, person, agent or carrier that is legally authorized to provide driveaway transportation of vehicles for compensation.  

Transaction Fee.  Shippers or Brokers agree to pay a transaction fee of 2.5% of the accepted gross bid amount to Bidmytrucks.com by credit card or Automated Clearing House (ACH) automatic electronic payment. 

3.        Bidmytrucks.com  is a Neutral Venue.

3.1       NOT A BROKER, SHIPPER OR DSP.  BIDMYTRUCKS.COM IS NOT A BROKER, DRIVEAWAY SERVICE PROVIDER (DSP) OR SHIPPER. OUR WEBSITE ACTS AS A NEUTRAL MARKETING VENUE WHERE SHIPPERS, DSPs AND BROKERS WHO ARE MEMBERS CAN INTERACT AND ENTER INTO AGREEMENTS FOR THE DRIVEAWAY TRANSPORT OF VEHICLES.

3.2       NOT A PARTY TO ANY TRANSPORTATION AGREEMENT.  BIDMYTRUCKS.COM  IS NOT A PARTY TO ANY DRIVEAWAY TRANSPORTATION AGREEMENT MADE BETWEEN MEMBERS VIA OUR WEBSITE DTMP. AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR LEGAL ASPECTS OF THE TRANSPORTATION TRANSACTIONS THAT TAKE PLACE ON OUR WEBSITE. BIDMYTRUCKS.COM  DOES NOT PREQUALIFY OR VALIDATE THE SHIPPERS, DSPs, OR BROKERS INCLUDING WITH RESPECT TO ANY REQUIRED LICENSE BY ANY STATE OR FEDERAL AUTHORITY, INSURANCE, BOND, OR REGISTRATION.

3.3       NO ENDORSEMENT OF MEMBERS.  BIDMYTRUCKS.COM  DOES NOT ENDORSE, RECOMMEND OR REFER ANY SPECIFIC BROKER, DSP, OR SHIPPER.  BIDMYTRUCKS.COM  DOES NOT HAVE ANY CONTROL OR INFLUENCE OVER THE ACTIONS OR DECISIONS MADE BY USER MEMBERS OF OUR SERVICE. ALL MEMBER USERS OF THE BIDMYTRUCKS.COM WEBSITE SOFTWARE PLATFORM MAKE THEIR OWN DECISIONS.  YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT IN ANY WAY ARRANGING DRIVEAWAY TRANSPORTATION SERVICES ON YOUR BEHALF.

3.4       NO CONTROL OVER POSTED LISTINGS.  BECAUSE WE ARE NOT INVOLVED IN THE ACTUAL DRIVEAWAY TRANSACTION BETWEEN SHIPPERS, BROKERS, AND DSPs, WE HAVE NO CONTROL OVER THE ACCURACY OF THE LISTINGS ON OUR DTMP WEBSITE , THE ABILITY OF DSPs TO ACTUALLY PERFORM THE DRIVEAWAY TRANSPORT OF VEHICLES IN A COMMERCIALLY SATISFACTORY MANNER, OR IN THE ABILITY OF THE SHIPPERS OR BROKERS TO ACCURATELY DESCRIBE AND LIST VEHICLES FOR TRANSPORT AND TO PAY FOR THE SERVICES RENDERED.  FOR THE LISTED VEHICLE TO BE  AS IT WAS DESCRIBED IN THE LISTING AND TO BE IN A CONDITION WHICH SATISFIES THE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION FOR A VEHICLE TO BE SAFELY DRIVEN UPON THE ROADWAYS. WE CANNOT ENSURE THAT THE BROKER, SHIPPER OR DSP WILL ACTUALLY COMPLETE THE DRIVEAWAY TRANSPORTATION AGREEMENT AS PROMISED. WE CANNOT AND DO NOT GUARANTEE THE ABILITY OF MEMBERS TO COMPLETE OR FULFILL ANY DRIVEAWAY TRANSPORTATION AGREEMENT AGREED UPON THROUGH THE BIDMYTRUCKS.COM  DTMP.

3.4       NO REPRESENTATION OF MEMBER IDENTITY.  DUE TO THE DIFFICULTY OF INDIVIDUAL AUTHENTICATION, ESPECIALLY ON THE INTERNET, WE CANNOT AND DO NOT GUARANTEE THE VERIFICATION OF ANY MEMBER’S IDENTITY. ANY IDENTITY VERIFICATION METHODS WE EMPLOY ARE STRICTLY ON A BEST EFFORTS BASIS AND SHOULD NOT BE SOLELY RELIED UPON BY OUR MEMBERS. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL COMMUNICATIONS, CORRESPONDENCE, VERBAL OR WRITTEN OR BY ELECTRONIC MEANS, OR ANY WARRANTIES OR REPRESENTATIONS, MADE WITH REGARD TO THE ARRANGEMENT OF DRIVEAWAY TRANSPORTATION SERVICES ARE NOT PROVIDED BY US AND ARE SPECIFICALLY AND SOLELY BETWEEN THE MEMBERS INVOLVED IN THE TRANSACTION. 

4.        Membership. There is no membership or subscription fee for you to become and to remain a  member of Bidmytrucks.com. When you apply for membership you agree that you can form legally binding contract under applicable law. Our DTMP is not available to suspended members. You acknowledge that you are at least 18 years of age.  Your membership may not be transferred, assigned, or sold to another party. If You are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. You agree that You will not use your participation in our DTMP website as a means to sell or market any types of goods or products.

5.        Shipper or Broker Responsibility. You must have the legal right to request the transport of the vehicle or vehicles which you request bids for driveaway transport. You understand and acknowledge that your posted listings are not provided by  Bidmytrucks.com and you are solely responsible for the content posted.  We have no control over or responsibility for the accuracy of the information that you post.  You are required to comply with all policies posted on Bidmytrucks.com concerning membership conduct.  We have the right to terminate or suspend your membership if you violate our policies.

6.       Agreements You May Make. Bidmytrucks.com  does not set or control your decision to accept a bid on our DTMP for the driveaway transport of vehicles posted for bid.  Once a bid is accepted the shipper or broker and the DSP themselves shall finalize the terms and conditions for the transport of the vehicle or vehicles involved, including the payment for the driveaway transport services provided.  We are not a party to any bill of lading between members.  We are not involved in the actual driveaway transportation of any vehicle and we are not a party to any transportation agreement. Shippers or Brokers are themselves responsible for understanding the terms of any bid accepted.   

7.       Bidmytrucks.com Transaction Fees.  When you accept a bid the transaction is complete, our transaction fee is fully earned, payable immediately at that time. Our transaction fee is non-refundable, even if the shipment does not occur.  You are solely responsible for paying the transaction fee to Driveaway Solutions.com, LLC incurred by any users of your membership account.   Your payment method must be by a credit card supplied to us or by Automated Clearing House (ACH) electronic payment from your bank account.  When you register as a member to conduct business on our DTMP you must first register with us a credit card or register your bank account ACH information. We rely upon a third party provider to store for us at a location separate from our DTMP your credit card and bank account information.  YOU AGREE THAT WE ARE NOT RESPONSIBLE NOR LIABLE FOR THE BREACH OF SECURITY OR LOSS OF YOUR PAYMENT INFORMATION (CREDIT CARD AND BANK ACCOUNT PAYMENT INFORMATION) PROVIDED TO US WHICH IS RELATED TO THE SERVICES PROVIDED BY A THIRD PARTY PROVIDER WHICH HAS STORED AND MANAGES THIS PAYMENT INFORMATION.  When your  accept a bid you authorize us to immediately pay our transaction fee of 2.5% of the gross bid amount from your credit card or bank account.     

8.       Failed Transaction Fee Payment. If payment by you fails for any reason, the transaction will not be completed.  We will attempt to reach you to resolve the failed transaction fee payment.  If the payment is not resolved in a timely manner, which may be less than one business day, the transaction will be cancelled.  We may suspend or terminate your membership.   

9.        Current Credit Card and Bank Account Information on File.  You agree that it is your responsibility to maintain a valid credit card or bank account on file with us while engaging in membership activity. You agree that if at any time you do not maintain a valid, credit card or bank account on file with us your membership may be subject to suspension or termination. 

10.      Information You Submit. You solely are responsible for any information which you provide to us or other members in the registration, bidding, and driveaway transportation process. Your personal information and any bids you make must be true, legal, accurate, and non‑fraudulent. You authorize us  to use your information which you supply to us. You acknowledge and agree that we serve only as a passive conduit for any and all communication between members to facilitate the competitive bidding of the transportation of driveaway transportation of vehicles. We have no control, editorial or otherwise, over any member communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such member communication or information nor will we act as a monitor over the content of such member communication for information. However, we do reserve the absolute right to remove or restrict any member communication or information that you may post to our DTMP that is in violation of this Agreement, illegal, threatening, or lewd. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.

Furthermore, You expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on our DTMP, or; (2) You are the legitimate and rightful grantee of a royalty free, perpetual, irrevocable, sub‑licensable, non‑exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, you grant to us a royalty free, transferable, perpetual, irrevocable, sub‑licensable, non‑exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information; (3) You are solely responsible for all of your communications on our DTMP.  You further represent and warrant that any and all of your online communication, content and/or information:

Will not violate any international, federal or state law, regulation, rule, or statute;

Will not violate the terms of this Agreement;

Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;     

Will not communicate any information that is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, includes lewd, or suggestive sexual or violent content, victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. 

Will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about us, our employees, agents, other members, or any of our services;

Will not knowingly contain any computer hardware or software, viruses, Trojan horses, worms, or any other computer programming that may interfere with the operation of our DTMP, operation of any of our systems, and/or create or impose a large burden or load on our DTMP;

Will not scan or test the vulnerability or security of our DTMP or the system within which our DTMP operates;

Will not be used for commercial or public purposes outside of the requirements of this Agreement such as but not limited to advertising, junk or bulk email “spam”, or chain letters;

Will not impersonate any person or entity, including our employees or representatives;

Will not knowingly create liability for us  through your use of our DTMP;

Will not breach the security of, compromises or otherwise allows access to our secured, protected or inaccessible areas of our DTMP;

Will not frame or link to our DTMP without our written permission; and

Will not knowingly involve the upload, or insertion of, any form of malicious code, files, or programs into or onto our DTMP.

11.      Posted Content.  Your Contact Information May Not be Posted In Your Request for Bids.  We reserve the right to keep or to remove all records of anything posted to our DTMP website including any and all transactions and communications between you and other members for administration purposes in accordance with all applicable laws and regulations. In order to maintain the safety, security and integrity of the DTMP you agree to not provide your contact information when you post a request for bids prior to its acceptance. Once your have accepted a bid, our transaction fee will be paid, we will by email provide you with the contact information of the DSP and by email provide the DSP with your contact information. 

12.      Prohibited Activities. Bidmytrucks.com  may suspend or terminate your membership if we suspect that you have engaged in prohibited activities in connection with our DTMP. We reserve the right to edit, amend, or delete any prohibited or malicious content that members submit on our DTMP. Other prohibited activities include but are not limited to:

Representing or communicating to members that you are authorized to collect our transaction fee;

Causing another person or entity to engage in any conduct, act or behavior intended or designed to circumvent or avoid, in any manner, our right to our Transaction Fee;

Entering into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a member, that circumvents or avoids our right to our Transaction Fee;

Entering personal contact information in your bid, such as but not limited to: website addresses, fax numbers, phone numbers or email addresses;

Using personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, or email addresses, obtained through our DTMP website to accept a delivery of a listed shipment off‑site.

13.      Our Right to Suspend or Remove Members and Reinstatement. We reserve the absolute right to reject you as a member or to suspend your membership, or terminate your membership at any time and for any reason or for no reason and without notice to you. An event that may result in the suspension or termination of your membership can include but is not limited to: any circumvention of our DTMP by you or by others at your direction; your creation, maintenance or management of more than one membership; your circumvention or non‑payment in full of our transaction fee; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with another member; your failure to timely pay for the driveaway transportation services; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of our employees, agents, or representatives; or our knowledge of criminal convictions which we deem to be of risk to other members. Upon your membership termination or suspension you may petition for reinstatement. Your petition for reinstatement must include a written statement as to why you should be reinstated and an acknowledgment and understanding of previous violations. Your petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a petition does not, in any manner, guarantee that you will be reinstated, and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision. We are not obligated to give you any reason or basis as to our decision, which is final.

14.      Dispute Resolution. Disputes between you and us should be reported to us through our member support. We will attempt to resolve any disputes you have with us. Because we are a neutral venue, we are not responsible for resolving any disputes between you and other members. If You report a dispute with another member to us, we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between you and the other member. Therefore, if we are contacted by a member who claims to have a dispute with you regarding driveaway transactions completed on our DTMP and they request your contact information (including but not limited to any of your emails addresses, provided phone numbers and/or addresses) to settle the dispute, you expressly authorize us to release your provided contact information to that member and you agree to release us from any and all liability associated therewith.

15.      Prohibited and Restricted Items. Our DTMP is to be used for the driveaway transport of commercial vehicles only. Shippers are not to use our DTMP to seek bids to transport any driveaway shipment on our site that violates any applicable law, statute, ordinance, regulation or which contains items which are hazardous or dangerous while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances).

16.      No Agency. You hereby agree and acknowledge that your execution of this Agreement and your membership in our DTMP does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee‑employer or franchiser‑franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.

17.      Release. Should you have a dispute with one or more members, you release Driveaway Solutions.com, LLC, its officers, managers, directors, agents,  employees, and representatives from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

18.       Confidentiality/Non‑Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day‑to‑day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Proprietary Information"). You hereby agree and acknowledge that any and all of our proprietary information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our proprietary information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of our proprietary information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, You acknowledge that proprietary information is confidential and extremely valuable to us, and that we would be materially damaged by its disclosure. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.  In the event injunctive relief or recovery of damages, or both, is sought in a court of law you agree that the law of Oklahoma shall apply, the venue for such an action shall lie in Oklahoma County, Oklahoma, and that we shall be entitled to a reasonable attorney’s fee if we prevail. 

19.      Non‑solicitation. You agree not to solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. You agree to not knowingly, directly or indirectly, solicit or attempt to solicit, divert, or send marketing content to any member in which you initially constituted a relationship through our DTMP website.

20.      Unsolicited Idea Submission. We always want to receive messages from members and welcome any comments regarding our website. However, our policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by us  might be similar or even identical to your idea.  If you do send us  an unsolicited suggestion, idea, or proposal, or if you send, at the our request a comment or suggestion to improve our DTMP website, we  will consider your submission to be non‑confidential and non‑proprietary. We  shall have no obligations concerning your submission, contractual or otherwise (including but not limited to an obligation to keep the submission confidential), and we shall not be liable for any use or disclosure of any submission. We  shall be entitled to unrestricted use of your submission for any purpose whatsoever, commercial or otherwise, without compensation to you.

21.      Remedies. Our remedies for your use of our DTMP which violates this agreement include, but are not limited to, the immediate removal your posted request for bid or bids for the driveaway transport of a vehicle or vehicles, the suspension or termination of your membership, removal of your posted profile, notifying our members of your actions, or issuing a warning to you.  If we file legal action against your, you agree that our remedies may include injunctive relief or damages,  or both, and a reasonable attorney’s fee if we prevail.  Any such legal action may be filed in Oklahoma County, Oklahoma as the proper venue and the law of Oklahoma shall apply.  Your sole remedy if you are not satisfied with our DTMP is to cease using it and request that your membership be terminated. 

22.      Limited Liability and No Warranty. You acknowledge that we cannot guarantee the continuous operation of or access to our DTMP website, including those of 3rd party solution providers. You further acknowledge that operation of and access to our DTMP website, including those of 3rd party solution providers, may be interfered with as a result of technical issues or numerous factors outside of our control.  Events interfering with out DTMP include but are not limited to: labor disturbance, war, fire, accident, adverse weather, failure of internet provider services, governmental act or regulation, and other causes beyond our control, whether or not similar to those just enumerated.  You agree that You are making use of our website on an "AS IS" and "AS AVAILABLE" basis without warranty, express or implied. Our DTMP could include technical or other mistakes, inaccuracies or typographical errors.  We shall not be liable in any way for any broker, shipper or DSP promise or failure to perform any agreement made between members. Accordingly, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, warranties of title, fitness for a particular purpose. In addition, we are not liable, and you agree not to hold Driveaway Solutions.com, LLC, its agents, employees, officers, managers, agents, and representatives legally responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

Mistakes, typographical errors, inaccuracies on our DTMP;

Viruses or other malicious software obtained by accessing our DTMP, including those of 3rd party solution providers;

Glitches, bugs, errors, or inaccuracies of any kind including information and graphics obtained from or in our DTMP;

The content, actions, or inactions of third parties, including listed vehicles for transport;

Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this Agreement or our policies;

Changes to our DTMP availability, planned or unplanned service downtime.         

Changes to any of our DTMP products, features and services.

23.      Indemnity. You agree to indemnify and hold Driveaway Solutions.com, LLC and our officers, managers, agents, and employees, and representatives harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.

24.      Arbitration. Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Bidmytrucks.com (Driveaway Solutions.com, LLC)  to collect our transaction fees,  recover damages for, or obtain an injunction relating to, the Bidmytrucks.com  operations, intellectual property, and our Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Oklahoma County, Oklahoma, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

25.      Domain Name Protection. Our DTMP contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us. You agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non‑performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you agree to not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner, including but not limited to utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form).  You may not use any meta tags or any other "hidden text" utilizing our domain name, Bidmytrucks.com or our Marks.  You shall not use or register any domain name that is identical to or similar to our domain name, Bidmytrucks.com any of our Marks.

26.      Our DTMP Website Security. We use industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers (SSL). We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Services can be interrupted by numerous factors outside of our control.

27.      Governing Law. THIS AGREEMENT AND YOUR USE OF OUR DTMP SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OKLAHOMA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.  VENUE FOR ARBITRATION AND OTHER LEGAL ACTIONS SHALL LIE IN OKLAHOMA COUNTY, OKLAHOMA.

28.      Additional Terms and Conditions. You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of our DTMP at various places throughout our website. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said additional terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the additional terms and conditions shall govern.

29.      Entire Agreement.  No Waiver.  Savings Clause. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. These terms and conditions constitute the entire agreement and understanding between the parties and supersedes all prior agreements and understandings of the parties. If any part of these terms to this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.

This agreement is between Driveway Solutions.com, LLC, an Oklahoma limited liability company, and the Shipper or Broker who agrees to these terms by becoming a member.  Driveway Solutions.com, LLC, an Oklahoma limited liability company, offers access to Shippers and Brokers to its website marketing software services through its internet domain, Bidmytrucks.com.  All references of Bidmytrucks.com contained herein shall mean Driveaway Solutions.com, LLC.

Bidmytrucks.com is an internet and mobile based national bid board that matches shippers and brokers needing certain commercial vehicles transported with Driveaway Service Providers (DSPs).  Bidmytrucks.com provides a driveaway transport industry national competitive marketplace for competitive pricing for the transport of vehicles by driveaway transport. 

This agreement, the Privacy Policy, and all policies and content posted on the Bidmytrucks.com domain, and the listing and bidding services on the website (the driveaway transport marketing platform or DTMP) describe the terms and conditions with which Bidmytrucks.com offers to Shippers and Brokers who accept this agreement by registering as members. Members in good standing will be granted access to and use of the DTMP service offered at Bidmytrucks.com.

Driveaway Solutions.com, LLC reserves the right to change its terms and conditions, including this agreement, from time to time with or without notice to members.  It is the responsibility of each member to periodically review the website, Bidmytrucks.com, for changes which may have been made. The continued use of the DTMP, Bidmytrucks.com, will constitute acknowledgment and acceptance of the modified terms of this agreement.  Driveaway Solutions.com, LLC will attempt to notify all members  in good standing of material changes made to the terms of Agreement and the date in which such changes take effect.  The terms of this Agreement may not be modified, amended, or changed by members in any manner.

BY REGISTERING AS A MEMBER WITH BIDMYTRUCKS.COM YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT REGISTER AS A MEMBER. 

Driveaway Soultions.com, LLC is an Oklahoma limited liability company located at 200 N. Sooner Road, Edmond, Oklahoma County, OK 73034.  Its telephone number is (800) 414-6080. 

Its email is: support@bidmytrucks.com. Bidmytrucks.com is a domain and website owned by Driveaway Soulutions.com, LLC, which is copyright protected.  All references to Bidmytrucks.com or to DTMP shall mean Driveaway Solutions.com.   Nothing on the website may be republished, printed off, downloaded, copied or reproduced, in whole or in part, without the express written permission of Driveaway Solutions.com, LLC.  You agree not to republish, print off, download, copy or reproduce, in whole or in part,  any portion of our DTMP, without the express written permission of Driveaway Solutions.com, LLC.  

1.         The Service Provided by Bidmytrucks.com. Bidmytrucks.com offers desk top and mobile internet access to its bid board where shippers and brokers (members) can post vehicles desired to be transported from a designated location to another designated location, requesting that DSPs bid for the driveaway transportation of the vehicle or vehicles.  The shipper or broker will make its own decision of whether or not to accept or reject a bid.  Once a bid is accepted, the transaction fee is automatically paid to Bidmytrucks.com, and the shipper or broker and the DSP will both be notified.  The involvement of Bidmytrucks.com in the driveaway transport transaction is ended at that point.  Bidmytrucks.com only serves as a neutral marketplace internet platform to bring shippers, brokers, and DSPs together for the marketplace competitive bidding process to take place.  Although we will work hard to provide a quality service, you understand and agree that we cannot promise or guarantee specific results from using our DTMP.  You understand and agree that interruptions of the DTMP may occur that are out of our control.  YOU ALSO UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY PROVIDERS THAT WE MAY USE NOR RESPONSIBILITY OR LIABILITY FOR ANY FAILURE, INCLUDING A BREACH OF SECURITY OF PAYMENT INFORMATION YOU PROVIDE TO US, RELATED TO THE SERVICES PROVIDED BY A THIRD PARTY PROVIDER.  You understand and agree that the DTMP is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications. 

2.        License and Acceptable Use. The Bidmytrucks.com website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or applications and code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of our website including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of the Bidmytrucks.com does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute our Intellectual Property Content, or use it in any other way for public or commercial purpose. Bidmytrucks.com grants to you a non‑exclusive, non‑transferable, limited license to make use of the Bidmytrucks.com DTMP to request a bid for the driveaway transport of vehicles which you post needing driveaway transport. This license does not include any other use of the website contents; any collection and use of any posted listings, descriptions, or bids; any downloading or copying of information from our website is prohibited; any use of data mining, robots, or similar data gathering and extraction tools is prohibited. All rights not expressly granted to you in this Agreement are reserved and retained by us.

2.        Definitions.

Bid Board.  The DTMP, known as Bidmytrucks.com, provides an opportunity for shippers to post on our website vehicles for driveaway transport from one location to another, seeking competitive bids from DSPs.  This location on our DTMP where vehicles are posted for driveaway transportation bids is known as our Bid Board. 

Bidmytrucks.com.  Bidmytrucks.com is a domain and website owned by Driveaway Solutions.com, LLC, an Oklahoma limited liability company.  Bidmytrucks.com serves a neutral software marketing platform made available to brokers and shippers of vehicles seeking driveaway transport of the vehicles from one location to another by posting on our website their vehicles for transport requesting competitive marketplace bids by Driveaway Service Providers.  Bidmytrucks.com does not engage in the actual transport of vehicles and is not a party to any agreement for the transport of vehicles between our members (shippers or brokers and DSPs). 

Broker.  A broker is a person licensed by the Federal Motor Carrier Safety Administration as a broker who acts as an intermediary between the shipper and the DSP.  The broker arranges, or offers to arrange for compensation the driveaway transportation of a vehicle by an authorized motor carrier.  Motor carriers, or persons who are employees or bona fide agents of carriers, are not brokers within the meaning of this definition when they arrange or offer to arrange the driveaway transportation of vehicles which they are authorized to transport and which they have accepted and legally bound themselves to transport.

Driveaway Transport.  Driveaway transport is the transportation of a vehicle or vehicles for a shipper or broker. The Driveaway Service Provider will provide a licensed driver to drive the vehicle itself from one location to another. Vehicles may be transported as singles, boomed two-ways, decked sets or hauled. 

Driveaway Transport Marketing Platform (DTMP).  This agreement, the Privacy Policy, and all policies and content posted on the Bidmytrucks.com domain, and the listing and bidding services on the website are known collectively as the driveaway transport marketing platform or DTMP.    

Member.  Our members may be shippers, brokers, and driveaway service providers who register with Bidmytrucks.com. 

Shipper.  A person or company that arranges to have vehicles shipped on their own behalf by a driveaway service provider (DSP). The shipper may be the consignee (recipient of the shipment) or the consignor (sender of the shipment), or a 3rd party that is neither. 

Driveaway Service Provider (DSP). Any party, person, agent or carrier that is legally authorized to provide driveaway transportation of vehicles for compensation.  

Transaction Fee.  Shippers or Brokers agree to pay a transaction fee of 2.5% of the accepted gross bid amount to Bidmytrucks.com by credit card or Automated Clearing House (ACH) automatic electronic payment. 

3.        Bidmytrucks.com  is a Neutral Venue.

3.1       NOT A BROKER, SHIPPER OR DSP.  BIDMYTRUCKS.COM IS NOT A BROKER, DRIVEAWAY SERVICE PROVIDER (DSP) OR SHIPPER. OUR WEBSITE ACTS AS A NEUTRAL MARKETING VENUE WHERE SHIPPERS, DSPs AND BROKERS WHO ARE MEMBERS CAN INTERACT AND ENTER INTO AGREEMENTS FOR THE DRIVEAWAY TRANSPORT OF VEHICLES.

3.2       NOT A PARTY TO ANY TRANSPORTATION AGREEMENT.  BIDMYTRUCKS.COM  IS NOT A PARTY TO ANY DRIVEAWAY TRANSPORTATION AGREEMENT MADE BETWEEN MEMBERS VIA OUR WEBSITE DTMP. AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR LEGAL ASPECTS OF THE TRANSPORTATION TRANSACTIONS THAT TAKE PLACE ON OUR WEBSITE. BIDMYTRUCKS.COM  DOES NOT PREQUALIFY OR VALIDATE THE SHIPPERS, DSPs, OR BROKERS INCLUDING WITH RESPECT TO ANY REQUIRED LICENSE BY ANY STATE OR FEDERAL AUTHORITY, INSURANCE, BOND, OR REGISTRATION.

3.3       NO ENDORSEMENT OF MEMBERS.  BIDMYTRUCKS.COM  DOES NOT ENDORSE, RECOMMEND OR REFER ANY SPECIFIC BROKER, DSP, OR SHIPPER.  BIDMYTRUCKS.COM  DOES NOT HAVE ANY CONTROL OR INFLUENCE OVER THE ACTIONS OR DECISIONS MADE BY USER MEMBERS OF OUR SERVICE. ALL MEMBER USERS OF THE BIDMYTRUCKS.COM WEBSITE SOFTWARE PLATFORM MAKE THEIR OWN DECISIONS.  YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT IN ANY WAY ARRANGING DRIVEAWAY TRANSPORTATION SERVICES ON YOUR BEHALF.

3.4       NO CONTROL OVER POSTED LISTINGS.  BECAUSE WE ARE NOT INVOLVED IN THE ACTUAL DRIVEAWAY TRANSACTION BETWEEN SHIPPERS, BROKERS, AND DSPs, WE HAVE NO CONTROL OVER THE ACCURACY OF THE LISTINGS ON OUR DTMP WEBSITE , THE ABILITY OF DSPs TO ACTUALLY PERFORM THE DRIVEAWAY TRANSPORT OF VEHICLES IN A COMMERCIALLY SATISFACTORY MANNER, OR IN THE ABILITY OF THE SHIPPERS OR BROKERS TO ACCURATELY DESCRIBE AND LIST VEHICLES FOR TRANSPORT AND TO PAY FOR THE SERVICES RENDERED.  FOR THE LISTED VEHICLE TO BE  AS IT WAS DESCRIBED IN THE LISTING AND TO BE IN A CONDITION WHICH SATISFIES THE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION FOR A VEHICLE TO BE SAFELY DRIVEN UPON THE ROADWAYS. WE CANNOT ENSURE THAT THE BROKER, SHIPPER OR DSP WILL ACTUALLY COMPLETE THE DRIVEAWAY TRANSPORTATION AGREEMENT AS PROMISED. WE CANNOT AND DO NOT GUARANTEE THE ABILITY OF MEMBERS TO COMPLETE OR FULFILL ANY DRIVEAWAY TRANSPORTATION AGREEMENT AGREED UPON THROUGH THE BIDMYTRUCKS.COM  DTMP.

3.4       NO REPRESENTATION OF MEMBER IDENTITY.  DUE TO THE DIFFICULTY OF INDIVIDUAL AUTHENTICATION, ESPECIALLY ON THE INTERNET, WE CANNOT AND DO NOT GUARANTEE THE VERIFICATION OF ANY MEMBER’S IDENTITY. ANY IDENTITY VERIFICATION METHODS WE EMPLOY ARE STRICTLY ON A BEST EFFORTS BASIS AND SHOULD NOT BE SOLELY RELIED UPON BY OUR MEMBERS. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL COMMUNICATIONS, CORRESPONDENCE, VERBAL OR WRITTEN OR BY ELECTRONIC MEANS, OR ANY WARRANTIES OR REPRESENTATIONS, MADE WITH REGARD TO THE ARRANGEMENT OF DRIVEAWAY TRANSPORTATION SERVICES ARE NOT PROVIDED BY US AND ARE SPECIFICALLY AND SOLELY BETWEEN THE MEMBERS INVOLVED IN THE TRANSACTION. 

4.        Membership. There is no membership or subscription fee for you to become and to remain a  member of Bidmytrucks.com. When you apply for membership you agree that you can form legally binding contract under applicable law. Our DTMP is not available to suspended members. You acknowledge that you are at least 18 years of age.  Your membership may not be transferred, assigned, or sold to another party. If You are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. You agree that You will not use your participation in our DTMP website as a means to sell or market any types of goods or products.

5.        Shipper or Broker Responsibility. You must have the legal right to request the transport of the vehicle or vehicles which you request bids for driveaway transport. You understand and acknowledge that your posted listings are not provided by  Bidmytrucks.com and you are solely responsible for the content posted.  We have no control over or responsibility for the accuracy of the information that you post.  You are required to comply with all policies posted on Bidmytrucks.com concerning membership conduct.  We have the right to terminate or suspend your membership if you violate our policies.

6.       Agreements You May Make. Bidmytrucks.com  does not set or control your decision to accept a bid on our DTMP for the driveaway transport of vehicles posted for bid.  Once a bid is accepted the shipper or broker and the DSP themselves shall finalize the terms and conditions for the transport of the vehicle or vehicles involved, including the payment for the driveaway transport services provided.  We are not a party to any bill of lading between members.  We are not involved in the actual driveaway transportation of any vehicle and we are not a party to any transportation agreement. Shippers or Brokers are themselves responsible for understanding the terms of any bid accepted.   

7.       Bidmytrucks.com Transaction Fees.  When you accept a bid the transaction is complete, our transaction fee is fully earned, payable immediately at that time. Our transaction fee is non-refundable, even if the shipment does not occur.  You are solely responsible for paying the transaction fee to Driveaway Solutions.com, LLC incurred by any users of your membership account.   Your payment method must be by a credit card supplied to us or by Automated Clearing House (ACH) electronic payment from your bank account.  When you register as a member to conduct business on our DTMP you must first register with us a credit card or register your bank account ACH information. We rely upon a third party provider to store for us at a location separate from our DTMP your credit card and bank account information.  YOU AGREE THAT WE ARE NOT RESPONSIBLE NOR LIABLE FOR THE BREACH OF SECURITY OR LOSS OF YOUR PAYMENT INFORMATION (CREDIT CARD AND BANK ACCOUNT PAYMENT INFORMATION) PROVIDED TO US WHICH IS RELATED TO THE SERVICES PROVIDED BY A THIRD PARTY PROVIDER WHICH HAS STORED AND MANAGES THIS PAYMENT INFORMATION.  When your  accept a bid you authorize us to immediately pay our transaction fee of 2.5% of the gross bid amount from your credit card or bank account.     

8.       Failed Transaction Fee Payment. If payment by you fails for any reason, the transaction will not be completed.  We will attempt to reach you to resolve the failed transaction fee payment.  If the payment is not resolved in a timely manner, which may be less than one business day, the transaction will be cancelled.  We may suspend or terminate your membership.   

9.        Current Credit Card and Bank Account Information on File.  You agree that it is your responsibility to maintain a valid credit card or bank account on file with us while engaging in membership activity. You agree that if at any time you do not maintain a valid, credit card or bank account on file with us your membership may be subject to suspension or termination. 

10.      Information You Submit. You solely are responsible for any information which you provide to us or other members in the registration, bidding, and driveaway transportation process. Your personal information and any bids you make must be true, legal, accurate, and non‑fraudulent. You authorize us  to use your information which you supply to us. You acknowledge and agree that we serve only as a passive conduit for any and all communication between members to facilitate the competitive bidding of the transportation of driveaway transportation of vehicles. We have no control, editorial or otherwise, over any member communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such member communication or information nor will we act as a monitor over the content of such member communication for information. However, we do reserve the absolute right to remove or restrict any member communication or information that you may post to our DTMP that is in violation of this Agreement, illegal, threatening, or lewd. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.

Furthermore, You expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on our DTMP, or; (2) You are the legitimate and rightful grantee of a royalty free, perpetual, irrevocable, sub‑licensable, non‑exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, you grant to us a royalty free, transferable, perpetual, irrevocable, sub‑licensable, non‑exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information; (3) You are solely responsible for all of your communications on our DTMP.  You further represent and warrant that any and all of your online communication, content and/or information:

Will not violate any international, federal or state law, regulation, rule, or statute;

Will not violate the terms of this Agreement;

Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;     

Will not communicate any information that is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, includes lewd, or suggestive sexual or violent content, victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. 

Will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about us, our employees, agents, other members, or any of our services;

Will not knowingly contain any computer hardware or software, viruses, Trojan horses, worms, or any other computer programming that may interfere with the operation of our DTMP, operation of any of our systems, and/or create or impose a large burden or load on our DTMP;

Will not scan or test the vulnerability or security of our DTMP or the system within which our DTMP operates;

Will not be used for commercial or public purposes outside of the requirements of this Agreement such as but not limited to advertising, junk or bulk email “spam”, or chain letters;

Will not impersonate any person or entity, including our employees or representatives;

Will not knowingly create liability for us  through your use of our DTMP;

Will not breach the security of, compromises or otherwise allows access to our secured, protected or inaccessible areas of our DTMP;

Will not frame or link to our DTMP without our written permission; and

Will not knowingly involve the upload, or insertion of, any form of malicious code, files, or programs into or onto our DTMP.

11.      Posted Content.  Your Contact Information May Not be Posted In Your Request for Bids.  We reserve the right to keep or to remove all records of anything posted to our DTMP website including any and all transactions and communications between you and other members for administration purposes in accordance with all applicable laws and regulations. In order to maintain the safety, security and integrity of the DTMP you agree to not provide your contact information when you post a request for bids prior to its acceptance. Once your have accepted a bid, our transaction fee will be paid, we will by email provide you with the contact information of the DSP and by email provide the DSP with your contact information. 

12.      Prohibited Activities. Bidmytrucks.com  may suspend or terminate your membership if we suspect that you have engaged in prohibited activities in connection with our DTMP. We reserve the right to edit, amend, or delete any prohibited or malicious content that members submit on our DTMP. Other prohibited activities include but are not limited to:

Representing or communicating to members that you are authorized to collect our transaction fee;

Causing another person or entity to engage in any conduct, act or behavior intended or designed to circumvent or avoid, in any manner, our right to our Transaction Fee;

Entering into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a member, that circumvents or avoids our right to our Transaction Fee;

Entering personal contact information in your bid, such as but not limited to: website addresses, fax numbers, phone numbers or email addresses;

Using personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, or email addresses, obtained through our DTMP website to accept a delivery of a listed shipment off‑site.

13.      Our Right to Suspend or Remove Members and Reinstatement. We reserve the absolute right to reject you as a member or to suspend your membership, or terminate your membership at any time and for any reason or for no reason and without notice to you. An event that may result in the suspension or termination of your membership can include but is not limited to: any circumvention of our DTMP by you or by others at your direction; your creation, maintenance or management of more than one membership; your circumvention or non‑payment in full of our transaction fee; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with another member; your failure to timely pay for the driveaway transportation services; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of our employees, agents, or representatives; or our knowledge of criminal convictions which we deem to be of risk to other members. Upon your membership termination or suspension you may petition for reinstatement. Your petition for reinstatement must include a written statement as to why you should be reinstated and an acknowledgment and understanding of previous violations. Your petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a petition does not, in any manner, guarantee that you will be reinstated, and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision. We are not obligated to give you any reason or basis as to our decision, which is final.

14.      Dispute Resolution. Disputes between you and us should be reported to us through our member support. We will attempt to resolve any disputes you have with us. Because we are a neutral venue, we are not responsible for resolving any disputes between you and other members. If You report a dispute with another member to us, we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between you and the other member. Therefore, if we are contacted by a member who claims to have a dispute with you regarding driveaway transactions completed on our DTMP and they request your contact information (including but not limited to any of your emails addresses, provided phone numbers and/or addresses) to settle the dispute, you expressly authorize us to release your provided contact information to that member and you agree to release us from any and all liability associated therewith.

15.      Prohibited and Restricted Items. Our DTMP is to be used for the driveaway transport of commercial vehicles only. Shippers are not to use our DTMP to seek bids to transport any driveaway shipment on our site that violates any applicable law, statute, ordinance, regulation or which contains items which are hazardous or dangerous while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances).

16.      No Agency. You hereby agree and acknowledge that your execution of this Agreement and your membership in our DTMP does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee‑employer or franchiser‑franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.

17.      Release. Should you have a dispute with one or more members, you release Driveaway Solutions.com, LLC, its officers, managers, directors, agents,  employees, and representatives from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

18.       Confidentiality/Non‑Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day‑to‑day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Proprietary Information"). You hereby agree and acknowledge that any and all of our proprietary information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our proprietary information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of our proprietary information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, You acknowledge that proprietary information is confidential and extremely valuable to us, and that we would be materially damaged by its disclosure. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.  In the event injunctive relief or recovery of damages, or both, is sought in a court of law you agree that the law of Oklahoma shall apply, the venue for such an action shall lie in Oklahoma County, Oklahoma, and that we shall be entitled to a reasonable attorney’s fee if we prevail. 

19.      Non‑solicitation. You agree not to solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. You agree to not knowingly, directly or indirectly, solicit or attempt to solicit, divert, or send marketing content to any member in which you initially constituted a relationship through our DTMP website.

20.      Unsolicited Idea Submission. We always want to receive messages from members and welcome any comments regarding our website. However, our policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by us  might be similar or even identical to your idea.  If you do send us  an unsolicited suggestion, idea, or proposal, or if you send, at the our request a comment or suggestion to improve our DTMP website, we  will consider your submission to be non‑confidential and non‑proprietary. We  shall have no obligations concerning your submission, contractual or otherwise (including but not limited to an obligation to keep the submission confidential), and we shall not be liable for any use or disclosure of any submission. We  shall be entitled to unrestricted use of your submission for any purpose whatsoever, commercial or otherwise, without compensation to you.

21.      Remedies. Our remedies for your use of our DTMP which violates this agreement include, but are not limited to, the immediate removal your posted request for bid or bids for the driveaway transport of a vehicle or vehicles, the suspension or termination of your membership, removal of your posted profile, notifying our members of your actions, or issuing a warning to you.  If we file legal action against your, you agree that our remedies may include injunctive relief or damages,  or both, and a reasonable attorney’s fee if we prevail.  Any such legal action may be filed in Oklahoma County, Oklahoma as the proper venue and the law of Oklahoma shall apply.  Your sole remedy if you are not satisfied with our DTMP is to cease using it and request that your membership be terminated. 

22.      Limited Liability and No Warranty. You acknowledge that we cannot guarantee the continuous operation of or access to our DTMP website, including those of 3rd party solution providers. You further acknowledge that operation of and access to our DTMP website, including those of 3rd party solution providers, may be interfered with as a result of technical issues or numerous factors outside of our control.  Events interfering with out DTMP include but are not limited to: labor disturbance, war, fire, accident, adverse weather, failure of internet provider services, governmental act or regulation, and other causes beyond our control, whether or not similar to those just enumerated.  You agree that You are making use of our website on an "AS IS" and "AS AVAILABLE" basis without warranty, express or implied. Our DTMP could include technical or other mistakes, inaccuracies or typographical errors.  We shall not be liable in any way for any broker, shipper or DSP promise or failure to perform any agreement made between members. Accordingly, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, warranties of title, fitness for a particular purpose. In addition, we are not liable, and you agree not to hold Driveaway Solutions.com, LLC, its agents, employees, officers, managers, agents, and representatives legally responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

Mistakes, typographical errors, inaccuracies on our DTMP;

Viruses or other malicious software obtained by accessing our DTMP, including those of 3rd party solution providers;

Glitches, bugs, errors, or inaccuracies of any kind including information and graphics obtained from or in our DTMP;

The content, actions, or inactions of third parties, including listed vehicles for transport;

Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this Agreement or our policies;

Changes to our DTMP availability, planned or unplanned service downtime.         

Changes to any of our DTMP products, features and services.

23.      Indemnity. You agree to indemnify and hold Driveaway Solutions.com, LLC and our officers, managers, agents, and employees, and representatives harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.

24.      Arbitration. Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Bidmytrucks.com (Driveaway Solutions.com, LLC)  to collect our transaction fees,  recover damages for, or obtain an injunction relating to, the Bidmytrucks.com  operations, intellectual property, and our Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Oklahoma County, Oklahoma, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

25.      Domain Name Protection. Our DTMP contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us. You agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non‑performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you agree to not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner, including but not limited to utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form).  You may not use any meta tags or any other "hidden text" utilizing our domain name, Bidmytrucks.com or our Marks.  You shall not use or register any domain name that is identical to or similar to our domain name, Bidmytrucks.com any of our Marks.

26.      Our DTMP Website Security. We use industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers (SSL). We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Services can be interrupted by numerous factors outside of our control.

27.      Governing Law. THIS AGREEMENT AND YOUR USE OF OUR DTMP SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OKLAHOMA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.  VENUE FOR ARBITRATION AND OTHER LEGAL ACTIONS SHALL LIE IN OKLAHOMA COUNTY, OKLAHOMA.

28.      Additional Terms and Conditions. You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of our DTMP at various places throughout our website. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said additional terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the additional terms and conditions shall govern.

29.      Entire Agreement.  No Waiver.  Savings Clause. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. These terms and conditions constitute the entire agreement and understanding between the parties and supersedes all prior agreements and understandings of the parties. If any part of these terms to this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.