Terms

Updated: July 2023

Welcome to Road Runner Courier. The rrcourier.com website, (the “Website”), the Road Runner mobile application and associated services (the “Mobile App”) and other services offered by Road Runner Courier are owned and operated by Road Runner Courier, LLC. (“Road Runner Courier”, “Road Runner” “we” or “us”). The Website and Mobile App (the “Platform”) provide a means to enable persons or enterprises (“you” or the “Customer”) who seek same-day courier services to certain destinations (“Services”) to be matched with registered couriers, who may be Road Runner Courier employees or independent contractors (“Couriers”).

THE FOLLOWING AGREEMENT DESCRIBES THE TERMS OF SERVICE UPON WHICH ROAD RUNNER COURIER

OFFERS YOU ACCESS TO AND USAGE OF THE PLATFORM AND SERVICES.

These terms of service (these “Terms”) constitute a legal agreement between you and Road Runner Courier. In order to use the Platform and Services you must agree to these Terms. By using the Platform or receiving any Services, including downloading and installing the Mobile App, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as provided herein.

CHANGES TO TERMS OF SERVICE

We reserve the right to modify these Terms or its policies relating to the Platform or Service at any time, effective upon posting of an updated version of these Terms on the Platform. You are responsible for regularly reviewing these Terms. Continued use of the Platform or any Service after any such changes will constitute your consent to such changes.

PRIVACY

It is the Customer’s responsibility to read our full Privacy Policy before using the Platform and Services as it is hereby incorporated into these Terms by reference, and governs our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that we may process such information within the terms of the Privacy Policy.

LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY

Subject to your compliance with these Terms, Road Runner Courier hereby grants you a limited, nonexclusive, non-transferable license: (i) to view, download and print any publicly available Road Runner Courier content solely for your personal and non-commercial purposes; and (ii) to view any other content on the Road Runner Courier Platform to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Service, except as expressly permitted herein. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Road Runner Courier or its licensors, except for the licenses and rights expressly granted herein.

USER AGREEMENT, REPRESENTATIONS AND RESTRICTIONS

In order to access the Service, you will be required to register for a Road Runner Courier account (an “Account”). You agree to: (a) provide true, accurate, current and complete information about yourself when registering for an Account, including any credit card information (your “Credit Card”); (b) maintain and promptly update your Account to keep it true, accurate, current and complete; (c) review the fees (accessible on the Website) to be charged for your use of the Services (the “Fees”); and (d) authorize Road Runner Courier or its third party service providers to charge your Credit Card for any and all Fees incurred by you for your use of the Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You are responsible for all reasonable costs incurred by Road Runner Courier in attempting to obtain payment of Fees, including any attorneys’ fees, collection agency fees, interest fees and court costs. You represent and warrant to Road Runner Courier that you will: (a) maintain the security of your user identification, password and other confidential information relating to your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Platform and Services; (c) be responsible for all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying us in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with these Terms; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Platform and Services.

You further represent, warrant and covenant that:

(i) you are at least 18 years old and have the power and authority to enter into and perform your obligations under these Terms;

(ii) all information you provide to Road Runner Courier, including Credit Card information, is truthful, accurate and complete;

(iii) you are authorized, or have the permission of the authorized signatory of the Credit Card used to pay any Fees incurred from use of the Services; and (iv) you have provided and will provide accurate and complete registration information.

You are not permitted, directly or indirectly, to: (x) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of Road Runner Courier or the copyright owner; or (y) distribute, display (except as otherwise set forth herein), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Platform content, in whole or in part; or (z) remove any proprietary notices or labels on the Platform.

By using the Platform and Services, you agree that you:

  • Will only use the platform and services for lawful purposes;
  • Will not use the services for sending or storing any unlawful material or for fraudulent purposes;
  • Will not use the platform and services to cause nuisance, annoyance or inconvenience;
  • Will not impair the proper operation of the network;
  • Will not try to harm the platform or services in any way whatsoever;
  • Will provide us with whatever proof of identity we may reasonably request;
  • Will only use an access point or data account that you are authorized to use; and are aware that when requesting services using sms, standard-messaging charges will apply.

SAFE SHOPPING

Federal law limits your liability for unauthorized charges to your Account. The Fair Credit Billing Act (“FCBA”) states that your Credit Card provider cannot hold you liable for more than $50 in the unlikely event a fraudulent charge occurs on your Account. Road Runner Courier will pay up to $50 of your liability if your Credit Card is used fraudulently on the Platform. We will assume the aforementioned $50 liability only if the unauthorized use of your payment method resulted through no fault of your own from purchases made on the Platform while using our secure server. In the event of unauthorized use of your payment method, you must notify your Credit Card provider in accordance with the FCBA reporting rules and procedures.

RIGHT TO TERMINATE

We reserve the right to terminate or restrict your Account, these Terms, or the use of any or all of the Road Runner Courier Platform and Services, without notice, for any reason. You agree that Road Runner Courier will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms.

TERMS OF CARRIAGE

You further agree to the following “Terms of Carriage” for all Road Runner Courier Services provided.

These Terms of Carriage apply to Road Runner Courier, its Couriers, employees, and contractors.

PACKAGE SIZE AND WEIGHT –

Our pricing estimates are based on information provided. Packages that require special handling due to their cubic volume, shape, size, or weight  will require additional coordination and may be subject to additional charges or delivery time.

PACKAGES NOT PREPARED FOR SHIPPING –

A Courier will arrive to pick up your package at a time based on the estimated time of arrival (“ETA”) quoted to you on the Platform. If your package is not ready for pickup within 10 minutes of the quoted ETA or the Courier arriving (whichever is later), or if your shipment is improperly packaged and the Courier incurs a delay waiting for the package to be properly prepared, your Road Runner may need to be rescheduled at the Courier’s sole discretion.  To meet all of our customers’ needs, please ensure timely pickup and delivery times.  If our Road Runners have to wait until the package is ready for pickup or adequately prepared for shipping, the first 5 minutes of wait time incur no additional charge, while waits exceeding 5 minutes are subject to an additional charge of $0.75 per minute.

RESTRICTED ITEMS –

The following items are also restricted and may not be acceptable for shipment by Road Runner Courier: firearms; fireworks; alcoholic beverages; tobacco products; flammable or dangerous goods or hazardous materials (except dry ice); money, cash, coins, currency, paper money, endorsed stocks, bonds and cash letters; live humans or animals of any kind; fragile or very expensive or rare items; human corpses and/or cremated remains; used hypodermic needles and syringes or medical waste; packages that require us to obtain a federal state or local license for transportation; packages that may cause damage or delay to equipment, personnel, or other packages; gaming devices (such as lottery tickets) where prohibited by federal, state or local laws; packages whose carriage is prohibited by law, statute or regulation of the state in which the package may travel; stolen goods; any items which you do not have the right, standing or permissions to ship.

You may not access or use the Site for any purpose other than that  for which we make the Site available. The Site may not be used in  connection with any commercial endeavors except those that are  specifically endorsed or approved by us. As a user of the Site, you  agree not to:

  • Sell or otherwise transfer your profile.
  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Site to advertise or offer to sell goods and services.

DANGEROUS GOODS –

Road Runner Courier does NOT provide services for shipping Dangerous Goods or Hazardous Materials. We do accept dry ice shipments and bio-medical materials. Dry ice shipments – prepared in accordance with IATA regulations – do not require a “Shipper’s Declaration,” and there is no special handling fee for transporting dry ice at this time. However, dry ice must be entered under the “Special Instructions” section of our order form. All dry ice shipments require package marking and labeling.

Blood, urine, bodily fluids, and other liquid specimens containing infectious substances, are considered “Dangerous Goods.” Non-infectious blood, urine, bodily fluids, and other liquid specimens must be packed to meet specific applicable local, state and federal laws. Shippers must also comply with all applicable local, state and federal laws governing packing, marking and labeling of shipments of blood and blood-related products regardless of whether they are infectious.

Any package with an odor or any package that is wet or leaking will NOT be accepted for carriage. If a shipment damages or contaminates any property, the shipper will be held responsible for and will reimburse Road Runner Courier for any and/or all costs, fees and expenses incurred in connection with such damage or contamination.

The United States Department of Transportation (“DOT”) regulates the movement of “Dangerous Goods”

by all modes of transportation. When Road Runner Courier’s Couriers encounter improperly declared or undeclared shipment of “Dangerous Goods,” we are required by law to report the packages to the DOT. Penalties for such shipments can range up to $500,000 and five years in jail.

RIGHT OF REFUSAL –

Road Runner Courier and its Couriers reserve the right to refuse, hold, or return a package at all times. A package may be refused if: the package could potentially cause damage to other packages, equipment, or employees or contractors; the package is likely to sustain damage or loss during transit, as solely determined by Road Runner Courier or its Couriers; carriage of the package requested may violate these Terms; carriage of the package may be in violation of local, state, or federal laws; or acceptance of the package may place in jeopardy our ability to provide service to another customer.

COD DELIVERIES –

Road Runner Courier and its Couriers do not offer Collect on Delivery (“COD”) service under any circumstances. Please do not ask our Couriers to pay for items at pickup and wait to be compensated for out-of-pocket payments upon delivery.

CLAIMS

Any claims for missing or damaged goods in excess of $100 in value must be submitted in writing by the sender within 5 business days from the time of delivery or the claim will be deemed waived by the shipper.   All claims must include the order or tracking number, pickup date, description of product missing or damaged, and the dollar value (USD) of the item(s).

Road Runner Courier will not be liable for any concealed damages, as the Customer is responsible for properly packing and sealing items, and we do not inspect the viability of such packaging prior to accepting goods for at pickup.   A delivery signature or photo documentation will be considered prima facie evidence that the shipment and all of its contents were delivered intact and undamaged. Any claim of damage for an amount over $250 in value, shipper agrees to hold Road Runner Courier harmless against any such claim without respect to cause of damage, including negligence. Claims for damages to goods that do not meet all other Road Runner Courier Terms of Carriage will not be considered valid claims.

CANCELLATIONS –

Any changes and re-routing requests may be subject to additional charges if your Runner hasn’t initiated or picked up your order.  Once an order has been placed and initiated, the amount paid is non-refundable. Cancellation requests at 50% of the original charge may be reviewed at Management’s discretion. To cancel or make changes to an order you have submitted, please contact our Support Team as soon as possible by Chat, Text, Email or calling us at 1-833-303-7874.

RE-DELIVERY ATTEMPTS –

If the recipient is not available or if the delivery address provided cannot be found at the time of delivery we will attempt to contact both the recipient and sender for instructions. We will not leave a delivery unattended or unacknowledged without the express verbal permission of the sender. If, after reasonable attempts, the Courier is unable to complete the delivery, we will return the delivery to the sender. Return to sender trips, re-routing and any re-delivery attempts will result in additional charges to the sender.

WRONG OR RE-ROUTED ADDRESSES –

Road Runner Courier will attempt to complete delivery to the address provided by the sender at the time of order submission. It is the sender’s sole responsibility to provide Road Runner Courier with the correct destination address for the intended recipient, and the sender agrees that Road Runner Courier will not be responsible for any losses, damages or other issues caused by delivery to the address provided by the sender. A signature from an adult over the age of 18 at the submitted destination address will serve as evidence of the completion of delivery as agreed upon, if requested.

In the case that the sender provides Road Runner Courier with the wrong destination address, Road Runner Courier or its Couriers will attempt to contact the shipper and receiver to obtain the correct destination address. Additional charges may be incurred for any delays due to incorrect shipping information. Re-routing requests placed once a package is in transit will be honored, but may be subject to additional delivery charges, hold fees, or delays.

REJECTION OF DELIVERY –

If the recipient refuses to accept delivery of a package, we will, when feasible, contact the sender for instructions on returning or disposing of the package. If the sender requests return of the package, the sender will incur further charges for the return of the package subject to standard Road Runner Courier rates. If a package cannot be delivered to the original recipient, or returned to the original sender, the package may be held, transferred or disposed of by Road Runner Courier in its sole discretion, with or without notice, and the shipper agrees to pay any costs incurred in the package hold, transfer, or disposal.

INSPECTION –

We may, but are not obligated to, open and inspect any package or shipment at our sole discretion without prior notice.

COURTESY QUICK QUOTE –

The courtesy rate reflected in the “Calculate Price” provided by us, if shown, may be different than the actual final charges for your delivery. Differences may occur based on actual weight, dimensions, time, distance, and other factors.

PAYMENT, PRICING AND PROMOTIONS

Any Fees are due immediately and are non-refundable, unless a prior invoicing arrangement has been made with Road Runner Courier. Road Runner Courier reserves the right to determine final prevailing pricing – Please note the pricing information published on the website may not reflect the prevailing pricing. Road Runner Courier may make promotional offers to some or all of its customers. These offers may include different features and rates. Unless offered to you, these promotional offers will not change your existing rates or contract. Road Runner Courier may change its Fees at any time for any reason. Any late payments will trigger a fee of 0.75% per day on the amount still owing.

INDEMNIFICATION

You agree that you will defend, indemnify and hold Road Runner Courier, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Couriers, or (c) your use or misuse of the Platform or Service.

DISCLAIMER OF WARRANTIES

ROAD RUNNER COURIER DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ROAD RUNNER COURIER. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND SERVICE, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INTERNET DELAYS

THE ROAD RUNNER COURIER PLATFORM AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ROAD RUNNER COURIER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

LIMITATION OF LIABILITY

IN NO EVENT WILL ROAD RUNNER COURIER OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). ROAD RUNNER COURIER AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PLATFORM OR SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE PLATFORM OR SERVICE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE PLATFORM, EVEN IF Road Runner Courier OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTICE

Road Runner Courier may give notice by means of a general notice on the Platform, electronic mail to your email address on record, or by written communication sent by first class mail or pre-paid post to your address on record. Any notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Road Runner Courier at any time by any of the following: letter sent by confirmed email to Road Runner Courier at the following email address (whichever is appropriate): contact@rrcourier.com; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Road Runner Courier at the following addresses (whichever is appropriate): 21699 E. Quincy Ave. Unit F-303, Aurora, Colorado 80015. All notices sent by you will be deemed given when actually received by Road Runner Courier.

ELECTRONIC COMMUNICATIONS

By using any portion of the Road Runner Courier Platform and Services, you agree to receive notices and electronic communications from Road Runner Courier. These communications may include information about your Account or information related to the Road Runner Courier Platform, Service, and features. You agree that any notice, agreements, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

DISCLOSURE AND INJUNCTIVE RELIEF

Road Runner Courier may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Road Runner Courier Platform and Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Road Runner Courier’s rights or property, or the rights or property of visitors to or users of the Road Runner Courier Platform and Services, including Road Runner Courier’s customers. Road Runner Courier reserves the right at all times to disclose any information that Road Runner Courier deems necessary to comply with any applicable law, regulation, legal process or governmental request. Road Runner Courier may also disclose your information when Road Runner Courier determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Road Runner Courier, for which monetary damages would be inadequate, and you consent to Road Runner Courier obtaining any injunctive or equitable relief that Road Runner Courier deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Road Runner Courier may have at law or in equity.

DISPUTE RESOLUTION

These Terms and any dispute arising out of, or related to it or the Platform or Services, will be governed in all respects by the laws of the State of Colorado, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Road Runner Courier must be resolved exclusively by a state or federal court located in Denver County, Colorado, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado for the purpose of litigating all such claims or disputes.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, and the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.

SEVERABILITY

You and Road Runner Courier agree that if any portion of these Terms or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect.

ASSIGNMENT

Road Runner Courier may assign or delegate these Terms and the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without Road Runner Courier’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

ENTIRE AGREEMENT

These Terms and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and Road Runner Courier, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Road Runner Courier with respect to the Platform and Services.

NO WAIVER

The failure of Road Runner Courier to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy, or failure to exercise any right under them will not be construed as a waiver or relinquishment of Road Runner Courier’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Road Runner Courier of any provision, condition, or requirement of these Terms or the Privacy Policy will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Road Runner Courier will be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Road Runner Courier.

FORCE MAJEURE

Road Runner Courier will not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Road Runner Courier’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

CONTACT ROAD RUNNER COURIER

If you have a question or concern about these Terms of Service, please contact Road Runner Courier

Support by mail:

Road Runner Courier, LLC.

Attn: Customer Service

21699 E Quincy Ave. Unit F

Suite 303

Aurora, Colorado 80015