Terms of Service

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the starmiz.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“You”, “Shipper”, or "Customer") and Starmiz, LLC (“Starmiz, LLC”, “we”, “us”, “our”, or "Broker"). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services.

Starmiz, LLC is engaged in the business of arranging the transportation of property by third-party carriers and is authorized by the Federal Motor Carrier Safety Administration under license number MC #1529540. Customer ("Customer", "Shipper", or "You") agrees that (1) Starmiz, LLC is not a motor carrier, (2) Starmiz, LLC is an intermediary in arranging the transportation of shipments by an outside carrier, and (3) Starmiz, LLC intends to contract with one or more Carriers in order to fulfill our commitments under these Terms and Conditions.

By offering Starmiz, LLC Freight, you agree to be bound by these Terms and Conditions.

Broker Responsibilities

Broker (“Broker”) provides services to the customer (“You” or “Shipper”) for the purpose of arranging for the transportation of freight (“Freight”) through third-party carriers or transportation providers (“Carriers”).

Broker is not the Carrier and shall not be liable for any loss, damage, misdelivery, delay, or shortage of the Goods in transit. The Carrier shall be liable and solely responsible for any and all such claims and the Customer shall look solely to the Carrier for the settlement of any such claims.

Broker shall not be liable for any damages or losses due to the Customer’s failure to comply with the Carrier’s requirements, or for any inaccuracies in information supplied by the Customer to the Broker.

Broker shall provide timely updates to all relevant parties regarding the status of the shipment.

Broker reserves the right to refuse or cancel any order for any reason at any time.

Broker shall use reasonable efforts to provide the Customer with the most cost-effective and efficient rate, transit time, and carrier for the shipment of Goods.

Broker shall not be liable for any acts or omissions of the Carriers or for any delay or failure of delivery of Goods caused by events beyond the Broker's reasonable control.

Broker works only with motor carriers that demonstrate they have the necessary insurance coverage, appropriate operating authority, and a satisfactory safety rating from the Federal Motor Carrier Safety Administration.

Customer Responsibilities

Customer is solely responsible for ensuring that the Goods comply with all applicable laws, regulations, and standards in the jurisdiction in which the Goods will be transported, including, but not limited to, all laws relating to hazardous materials and dangerous goods.

Customer is responsible for ensuring that the Goods are properly packaged, labeled, and secured for transport and that the documentation for the shipment is complete and accurate.

Customer is responsible for ensuring that all merchandise is properly and accurately described, including quantity, weight, and dimensions. Provide the carrier with all necessary shipping documentation, including bills of lading, invoices, and packing lists.

Payment

The Client agrees to pay Broker the fees and charges for services rendered no later than 30 days from the date of invoice. For each shipment of Freight services, the Customer shall pay Starmiz, LLC the freight charge quoted or otherwise agreed upon by the Parties, plus any other charges that the Customer may incur in relation to the shipment. The Parties acknowledge that the Freight Service quotes for a specific transport may be subject to change at any time. Payment shall be made in full, without any deduction or set-off, unless the parties have agreed to a payment plan in writing. The Freight Broker reserves the right to suspend services to the Client if payment is not made in accordance with this clause. The Client is liable for all collection costs, including legal fees, incurred by the Freight Broker in the event of non-payment. The Freight Broker reserves the right to charge interest on all unpaid amounts at the rate of two percent (1%) per month, or the maximum rate allowed by law, whichever is lower.

Cargo Claims

It is hereby acknowledged and agreed that Starmiz, LLC is not a motor carrier as described by the Carmack Amendment, and that Starmiz, LLC shall not be held accountable for any loss, damage, or delay in the transportation of Customer's property. Starmiz, LLC will provide assistance to Customer in filing and/or handling claims with the Carrier as outlined in the Carmack Amendment; however, Customer understands that Broker's involvement or assistance in any Freight claim does not make them liable for any Freight claim that was not due to Starmiz, LLC negligence.

Surety Bond

We hereby affirm that we have secured a surety bond in accordance with the Federal Motor Carrier Safety Administration (FMCSA) requirements, and will continue to do so. Upon request, Customer will be provided proof of coverage by Starmiz, LLC.

Eligibility & Requirements

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Starmiz, LLC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Starmiz, LLC. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Starmiz, LLC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Starmiz, LLC or third party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Starmiz, LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Starmiz, LLC and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Starmiz, LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Starmiz, LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Confidentiality

This agreement is confidential and shall not be disclosed to any third parties without the prior written consent of both parties. All information exchanged between the parties shall remain confidential and shall not be used for any purpose other than those outlined herein. The parties agree to use reasonable efforts to protect the confidentiality of all information exchanged and not to disclose any such information to any third party without the prior written consent of both parties.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Nevada, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Nevada, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

privacy@starmiz.com

5725 S Valley View BLVD STE 7

Las Vegas, NV 89118

This document was last updated on March 10, 2023


5725 S Valley View BLVD STE 7

Las Vegas, NV 89118
(725) 900-3355
hi@starmiz.com
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