Terms and conditions

Please be aware that we reserve the right to modify the service or agreement at any time and to suspend or terminate the service or agreement at any time.

Ivia provides the service on the condition that you accept the agreement as presented.

Please carefully read the terms and conditions below.

By opening an account, you will enter into this agreement with ivia and be bound by its terms and conditions presented below without change and you consent to have this agreement provided to you in its present electronic form

Terms of Use

In this Website Terms Of Use ("TOU"), we, IVIA, LLC (hereinafter “Ivia”), set forth the terms by which you may use our sites including ivia.com and other related web sites that we operate and on which we post a direct link to this statement (collectively the “Site”). By using the Site, you are agreeing to this TOU. If you do not agree to this TOU, you may not and should not use the Site. Terms for the purchase, license, or use of any Ivia products or services are set forth in a separate contract for such purchase, license, or use, presented at the time of initial purchase.

License and Site Access. Ivia grants you a limited license to access and make use of the Site and not to download (other than page caching) or modify it, or any portion of it (other than content provided specifically for download), except with express written consent of Ivia. Use of the Site may require you to register yourself as a user and open an account with Ivia. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ivia. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ivia without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ivia’ name or trademarks without the express written consent of Ivia. Any unauthorized use terminates the permission or license granted by Ivia. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Ivias’ home page so long as the link does not portray Ivia, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ivia logo or other proprietary graphic or trademark as part of the link without express written permission.

Use of Ivia. You expressly consent to and grant Ivia the right to collect and disclose the location of your mobile device ("Location Information") to parties directly granted tracking access. Ivia does not disclose identifying information to third parties other than the Location Information. Once Ivia discloses the Location Information, your relationship with such third party carriers (and NOT this Agreement) describes how those third party carriers may use our Location Information. You may modify certain aspects of the Service with respect to when your mobile device may be located as described below.

Your Account. If you use the Site, you are responsible for maintaining the confidentiality of any account, user name, or password information and for restricting access to your computer and account, and you agree to accept responsibility for all activities that occur under your account or password. You are solely responsible for managing your employees' access to any authenticated portions of the Site to which you may have access and designating rights and access to individual company users, including the right to place orders on behalf of your company. If you are under 18, you may use the Site only with involvement of a parent or guardian. Ivia reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Payment of Fees. You may be required to pay fees imposed by your wireless carrier, including but not limited to roaming, air time, foreign data plans or excess data fees. Such fees may appear on statements that your wireless carrier sends you.
You Represent To Us. By using Ivia, You represent and warrant that (a) you will use the Service only for your personal or commercial use and for lawful purposes in the United States; (b) have not previously been suspended or removed from using Ivia or any other Ivia service.
Scope of Service.
1. Suspension of Your Access to Ivia. Without prejudice to any other rights, Ivia reserves the right to suspend or terminate your access to Ivia at any time for any reason, including reasonable suspicion of, or any actual misuse or fraudulent use by you or no reason and without notice to you.
2. Access to Ivia Service. We may - with or without notice - perform maintenance, modify, replace, refuse access to, suspend, limit access or discontinue Ivia, partially or entirely. If Ivia discontinues the Service entirely, it will post a notice on its website: ivia.com.
3. Wireless Carriers. To use Ivia, you must have an active account with a wireless carrier, android or iOS operating system. Ivia is compatible with wireless carriers such as, for example, AT&T, Sprint, and Verizon, provided that availability of Ivia with any given carrier is subject to change as set forth in this Agreement. At all times, Ivia relies on and is subject to the wireless services furnished by wireless carriers. For example, Ivia may not be available, in whole or part, due to capacity and facility constraints, among any others, associated with the wireless carriers` respective networks. You agree that Ivia will not be responsible for any damages associated with such limitations.
4. Ownership. Ivia, including any data, materials, technology, software or other materials that comprise it, are protected by copyright, trade secret and other intellectual property laws and treaties and all title and intellectual property rights in and to Ivia are owned by and will remain the exclusive property of Ivia, its licensors or Suppliers. All rights not expressly granted herein are reserved.

Privacy In order to operate and provide the Site, we collect certain information about you, including generation of usernames and passwords. Our practices with respect to the information we collect is described in our privacy policy which is available at ivia.com ("Privacy Policy"). By agreeing to this TOU, you are agreeing to our Privacy Policy. Information, including but not limited to personal information, collected through the Site may be stored and processed in the United States (U.S.) or any other country in which Ivia or its affiliates, subsidiaries, or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country.

Keep Your Account Secure. You are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur under your account and password. You agree to not hold Ivia liable for any loss or damage arising or relating to your failure to properly safeguard Your account or password. Do not let others use your Ivia account. You will be responsible for anything that happens through Your account until Your account is deactivated. You must notify us immediately if you believe that Your account has become compromised.
Consent to Data Collection and Privacy Policy. By accepting this Agreement, you acknowledge and agree that (a) Location Information that is owned by your wireless carrier is subject to its privacy policy; and (b) you have no expectation of privacy when using the Service as it relates to the Location Information. You authorize Ivia, and thereby any of its Suppliers, agents, representatives, contractors and service providers, to collect, use and disclose Location Information as described herein and as necessary to provide the Service. In addition to the terms herein, the collection, use and disclosure of location-based data and personal information by us is governed by Ivia`s privacy policy. You acknowledge and agree that we may update our privacy policies and practices from time to time at our sole discretion.
You acknowledge and agree that your wireless carrier may also collect personal information and location-based data about you. The collection, use and disclosure of personal information and location-based data by your wireless carrier is governed by their respective privacy policies and likely differs from ivia`s privacy policy.
Limitations of Service and Accuracy of Data. You expressly agree that (a) Ivia provides an approximate location of your mobile device and does not guarantee any results; (b) results from Ivia may not be accurate, timely or reliable; (c) use of Ivia and any requested Location Information is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of satels and satel data; (d) Ivia is subject to your mobile device being turned on, charged and within your underlying wireless carrier`s coverage area, among other factors; and (e) Ivia may be limited to mobile devices located in the United States, Canada and Mexico.

Copyright Notice. The contents of the Site are protected by the copyright and other laws of the U.S., its treaty countries, and other jurisdictions. Except as may otherwise be provided in a written agreement you have with Ivia you may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this Site. You may download content from this Site solely for your personal, non-commercial use (except as may otherwise be provided in a written agreement you have with Ivia), provided you keep intact all copyright and other proprietary notices. Any copies of the content must include Ivia' copyright notice: © 2019 IVIA, LLC. All rights reserved.

Links This website may contain links to third party web sites which are controlled and operated by third parties. Your use of each third party web site is subject to the terms of use and other guidelines, if any, contained within the relevant web site. You agree to review and accept such terms of use prior to using such third party web sites. Ivia makes no representations whatsoever about any third party web site which you may access through the website. When you access a third party web site, you agree that it is independent from Ivia, and that Ivia has no control over any content on that web site. In addition, a link to a third party web site does not mean that Ivia accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.

Additional Terms for Forums, Blogs, and Other Social Media. Our Site may provide one or more forums, blogs, or other interactive or social media features (“Forums”) for visitors to our Site to exchange information with each other and w

Posting Guidelines. Posting Guidelines. Our Forums may contain additional rules or posting guidelines. In such case, you agree to make your Postings conform to any such additional rules or posting guidelines.
Confidentiality. While using the Site, you may gain access to Ivia' business operations, technical, or product information, including pricing. This information is the confidential information of Ivia. You may not disclose this information to any third party and must limit disclosure to those of your employees and consultants with a need to know such information in the course of fulfilling their job, provided they agree to these confidentiality obligations. These restrictions do not apply if you can demonstrate that the confidential information:
1. Is or has become generally available to the public without breach of this TOU;
2. At the time of disclosure, was known to you and free of restriction; or
3. Is approved for release by written authorization of Ivia.
1. Disclosure of information in response to a valid order of a court or other governmental agency shall not be a breach of this Section, if the disclosure is limited to the extent of, and for the purposes of, such order; provided, however, that you shall first notify Ivia in writing of the order and permit Ivia to seek a protective order, unless such notification is otherwise prohibited by law.

Notices of Copyright Infringement. Notifications of claimed copyright infringement should be sent to Ivia' Designated Agent in writing at the following address:

Ivia, LLC
Attn: Legal Department
615 South College Street
Floor 10
Charlotte NC, 28202
To be effective, the notification must include the following:
1. A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ivia to locate the material on the Site;
4. Information reasonably sufficient to permit Ivia to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;
5. A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and if submitted by the owner's authorized agent, a statement under penalty of perjury that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Within a commercially reasonable time after receipt of the written notification containing the information as outlined in 1 through 6 above, Ivia shall remove or disable access to the material that is alleged to be infringing, forward the written notification to the alleged infringer, and take reasonable steps to promptly notify the alleged infringer that Ivia has removed or disabled access to the allegedly infringing material.
Counter-Notification. To be effective, a counter-notification must be a written communication provided to Ivia’s Designated Agent at the above-provided address that includes the following, to the extent available:
1. A physical or electronic signature of the alleged infringer;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
4. The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for Charlotte, North Carolina, or if the Subscriber's address is outside of the U.S., consent for any judicial district in which Ivia may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
1. After receipt of a counter-notification containing the information as outlined in “a” through “d” above, Ivia shall provide the complaining Party with a copy of the counter-notification within a commercially reasonable time and inform the copyright owner or designated agent that Ivia will replace the removed material or cease disabling access to it within ten (10) business days. If Ivia’ designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, Ivia shall restore the allegedly infringing material.

Export Restrictions Any software or other materials we make available on the site are subject to united states export laws and regulations. you must comply with all domestic and international export laws and regulations that apply to the software or other materials you obtain from our site. these laws include restrictions on destinations, end users and end use.

Export Compliance Assurances. You acknowledge that all products, proprietary data, know-how, software or other data or information (herein referred to as "Products") obtained from Ivia or any direct Product thereof are subject to the United States (U.S.) government export control laws accordingly their use, export and re-export, may be restricted or prohibited. You and your affiliates agree to obtain prior to export an authorization from the applicable U.S. government agency (either in writing or as provided by applicable regulation). These U.S. government restrictions are implemented principally through the Export Administration Regulations ("EAR", 15 C.F.R. § § 730 et seq., available at bis.doc.gov administered by Department of Commerce, Bureau of Industry and Security and the Foreign Asset Control Regulations administered by the Department of Treasury, Office of Foreign Assets Control ("OFAC", 30 C.F.R. Part 500 et. Seq. available at http://www.treas.gov/offices/enforcement/ofac. You, therefore, agree that neither you nor your subsidiaries or affiliates will directly or indirectly export, re-export, transfer, or release, or cause to be exported or re-exported (herein referred to as "export"), any such Products or any direct Product thereof to any destination or entity prohibited or restricted under U.S. law including but not limited to U.S. government embargoed or sanctioned countries or entities, or nationals unless you shall obtain prior to export an authorization from the applicable U.S. government agency (either in writing or as provided by applicable regulation). You further agree that no Products received from Ivia will be directly or indirectly employed in missile technology, sensitive nuclear, or chemical biological weapons end uses or in any manner transferred to any party for any such end use. This requirement shall survive any termination or expiration of this Agreement.

Support for Ivia. Support for Ivia is available via email by emailing support@ivia.comand on the web at ivia.com.

Use and Restrictions Use and Restrictions. You will comply with all applicable laws when using Ivia. You will comply with any terms, rules and/or policies that may be incorporated into this Agreement, as well as your agreements with your wireless carrier. You will be responsible for any costs and expenses incurred by Ivia (including attorneys` fees) as a result of any misuse of Ivia. This Agreement prohibits and you will not or permit others to (a) use the Service in a manner inconsistent with or in violation of this Agreement; (b) reverse engineer, decompile, disassemble or otherwise attempt to extract, generate or retrieve source code from any software program ("Programs") underlying the Service, in whole or part, except as expressly permitted by mandatory law; (c) modify, translate, adapt, arrange or create derivative works based on the Programs, in whole or part, for any purpose; (d) export the technology in the Programs in violation of applicable export control laws; and (e) attempt to or actually override any security component of or related to the Service.

In Addition In addition, Your access and use of our services is subject to the Acceptable Use Policy of Google, Inc. ("Google") located at https://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html, Google`s Map Terms, located at http://maps.google.com/help/terms_maps.html; and the additional restrictions set forth in Google`s Legal Notices page, located at http://www.google.com/intl/en-us/help/legalnotices_maps.html, or such other URLs as Google may designate from time to time in each case. Your failure to comply with these Terms may result in suspension or termination, or both of Your right to use and access Ivia`s services.

Disclaimer Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you. To the maximum extent permitted by applicable law, ivia provides the service on an "as is" basis with all faults, errors and defects. Ivia disclaims all warranties, express, implied or statutory, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. There is no warranty of quiet enjoyment, quiet possession, correspondence to description, or authority with respect to any information, materials, software, technology, and services provided hereunder. You use and access the service at your sole risk and will be solely responsible for any damage resulting from use of the service. Nothing contained in this agreement will constitute or be construed as any representation or warranty by ivia that the service or any network that ivia may be connected to, directly or indirectly or any data that you may receive from the service or derived from a wireless carrier`s network, respectively, including without limitation, location information (a) will be available, uninterrupted, timely or error-free; (b) will meet your requirements; or (c) will include data that is accurate, complete or reliable. The foregoing disclaimer of warranties is an essential element of the agreement and you acknowledge and agree that ivia would not be able to provide the service on an economic basis without such limitations. The foregoing limitations, exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. If you are dissatisfied or harmed by ivia or anything related to it, you may cease use of the service and terminate the agreement as provided herein.

Limitation of liability. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you. In such cases, ivia`s liability will be limited to the fullest extent permitted by applicable law. To the maximum extent permitted by applicable law, in no event will ivia, its affiliates, and their respective directors, officers, employees, representatives, agents, or suppliers be liable for any indirect, special, incidental, consequential or exemplary damages or other injury, including, without limitation, damages for loss of goodwill, work stoppage, lost profits, loss of data, computer failure or malfunction, arising out of or in any way relating to the service, including the service website, any information any software associated with it, whether arising out of the use of such, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if ivia, its affiliates, and their respective officers, directors, employees, representatives, agents or suppliers, have been advised of the possibility of damages. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of ivia under any provision of this agreement and your exclusive remedy for all of the foregoing will be limited to the greater of (a) the aggregate amount actually paid by you to ivia for ivia during the twelve month period immediately preceding the date of your claim; or (b) one thousand dollars ($1,000). The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. You acknowledge and agree that ivia would not be able to provide the service on an economic basis without such limitations.

Drivers IVIA takes no responsibility for any shipment created, brought over by another system or software, in any shape or form. Drivers who accept or are put on IVIA are solely responsible for the shipment by extension of the company the driver is running the load for. It is the drivers responsibility to have the IVIA app running on their phone to have the software track all status updates. Drivers are not to be texting, calling, messaging, or anything to do with IVIA (other than running the IVIA app in the background) while driving. Any issues, problems, accidents, or harm that happens, whether directly or indirectly, due to the shipment is not the responsibility of IVIA. IVIA takes no responsibility for the success or failure of any shipment.

General Terms

Suppliers. For purposes of this Agreement, the term "Suppliers" will include any wireless carrier (such as Sprint), technology provider, distributor, licensor or service provider that Ivia utilizes in conjunction with the Service.
Notices. You consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with Ivia (collectively, "Notices") in electronic format. We may notify you via postings on ivia.com, email, SMS text message or otherwise. You will be responsible for any costs associated with any notices sent via SMS text message. If you desire to withdraw your consent to receive notes as stated herein, then you must terminate the Agreement by deactivating your account as described herein.
Electronic Access, Electronic Notices, Electronic Signature. By logging on to the Ivia website and enabling Ivia you consent to Ivia providing this Agreement in electronic form. Your agreement and intent to be bound by an electronic agreement applies to all records relating to all transactions related to the service, including without limitation, amendments and notices. To access and retain this electronic Agreement and use the Service, you must have access to the World Wide Web either directly (via computer and modem) or through devices that access web-based content and pay any applicable fees. You may save this Agreement into any word processing program or print it.
No informal waivers, agreements or representations. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by us will be deemed legally binding, unless documented in a physical writing hand signed by a duly appointed officer of Ivia.
Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation will be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Ivia for any third party that assumes our rights and obligations under this Agreement.
Survival. All options, rights and covenants contained herein that are intended to survive will survive the expiration or termination of this Agreement. Any provisions concerning limitations of liability, disclaimers, and indemnification contained herein will survive any expiration or termination of this Agreement.
Time to Bring Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to the Agreement must be commenced within one (1) year after such claim or cause of action arose or you waive such claim or cause of action

Data Storage & Retention. Ivia does not guarantee the storage, back up, or availability of any data. Data stored by Ivia may be retained for a period of time, or indefinitely, at the discretion of Ivia.

Your access and use of the Services constitutes your agreement to be bound by these TOU, which establishes a contractual relationship between you and Ivia. If you do not agree to these TOU, you may not access the Services. These TOU expressly supersede prior agreements or arrangements with you, other than with respect to any customer/shipper or motor carrier agreement with Ivia to the extent that such agreement is inconsistent with these TOU. Your use of the Services may also be governed by additional terms and conditions provided in any customer/shipper or motor carrier agreement with Ivia. Ivia may, at any time for any reason, without notice to you, cease offering you access to the Services or any portion thereof or deny you access to the Services or any portion thereof. Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures (e.g., a particular promotional webpage) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Ivia may amend the TOU related to the Services from time to time. Amendments will be effective upon Ivia's posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the TOU, as amended.

License. Subject to your compliance with these TOU (including Section 23), Ivia grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services. Any rights not expressly granted herein are reserved by Ivia and its affiliates and Ivia's licensors.

Ownership. Ownership. The Services and all rights therein are and shall remain Ivia's property or the property of Ivia's licensors. Neither these TOU nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Ivia's company names, logos, product and service names, trademarks or services marks or those of Ivia's licensors.

Identity You agree to indemnify and hold Ivia and its affiliates and their respective officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; and/or (ii) your breach or violation of any of these TOU.

Dispute Resolution

Arbitration You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Ivia, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Ivia are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Ivia otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
1. Prior to initiating an arbitration, you and Ivia each agree to notify the other party in writing of any dispute and to attempt to negotiate an informal resolution. Notice to Ivia must be sent to Ivia LLC, Attn: Legal Department, 615 South College Street, Floor 100, Charlotte, North Carolina 94103. Neither party shall initiate arbitration until 30 days after the notice is sent.
2. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. A party initiating an arbitration against Ivia must send the written Demand for Arbitration to Ivia LLC, Attn: Legal Department, 615 South College Street, Floor 100, Charlotte, North Carolina 94103. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of North Carolina and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Ivia otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Ivia submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the TOU of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.

Transportation and Other Provision.

Ivia is not a motor carrier. no interpretation of written or oral remarks in any agreement or document shall be construed to imply ivia is a motor carrier.
A “motor carrier”, as used in these TOU, means any motor carrier or trucking company, including a motor carrier as defined by 49 USC §13102(14) with authority issued by the federal and/or applicable state governments or a motor carrier with authority issued by any other applicable governmental authority.
Ivia LLC is a federally licensed freight broker as defined by 49 USC §13102(2) under authority granted by the Federal Motor Carrier Safety Administration of the U.S. Department of Transportation.
The motor carrier shall be solely responsible for controlling the method, manner, and means of accomplishing the motor carrier’s services. For purposes of these TOU, “driver” shall mean those motor carrier employees, contractors, owner-operators under contract with the motor carrier, employees of such owner-operators, or any other service providers of the motor carrier assigned to operate motor vehicles providing transportation on behalf of the motor carrier. The motor carrier or its drivers are responsible for determining the appropriate route for transportation. Any navigational directions that Ivia offers to motor carrier or its drivers are offered as a convenience only, and the motor carrier and its drivers shall have no obligation to follow such navigational directions. If the motor carrier elects to provide access to the Services to its drivers, any directions, instructions or other information provided through the Services are provided by the motor carrier to the driver.
Any transportation services (i.e., shipments) that are accepted by a motor carrier or any employee, contractor or other service provider of the motor carrier (including you) on behalf of a motor carrier using the Services are subject to the rates and charges indicated on the Services and the terms and conditions of the applicable agreement entered into between such motor carrier and Ivia and these TOU. If you are an employee, contractor or other service provider of the motor carrier, you agree that all charges and compensation due to you as an employee, contractor or other service provider of the motor carrier are the sole responsibility of the motor carrier and not Ivia.

Text Messaging and Telephone Calls.

Referrals and Promotional Codes. Ivia may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a third party’s services, or other features or benefits related to the Services and/or a third party’s services, subject to any additional terms that Ivia establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Ivia; (iii) may be disabled by Ivia at any time for any reason without liability to Ivia; (iv) may only be used pursuant to the specific terms that Ivia establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Ivia reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Ivia determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Ivia’s terms.

User Provided Content.

Ivia may, in Ivia’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Ivia through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, ratings and reviews of facilities, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Ivia, you grant Ivia a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Ivia’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Ivia the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Ivia’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Ivia in its sole discretion, whether or not such material may be protected by law. Ivia may, but shall not be obligated to, review, monitor, or remove User Content, at Ivia’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and applications and any updates thereto. Ivia does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

You may not assign these Terms without Ivia's prior written approval. Ivia may assign these TOU without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Ivia's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Ivia or any third party as a result of these TOU or use of the Services. If any provision of these TOU is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Ivia's failure to enforce any right or provision in these TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Ivia in writing.

Trademarks Ivia is a registered trademark of Ivia Incorporated. Certain other product names, brand names and company names mentioned in this site may be trademarks of their respective owners.

Modification & Termination. This TOU is effective until modified or terminated by Ivia. Ivia may modify this TOU from time to time and the new TOU will be effective when posted. Ivia may also terminate this TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities, and export restrictions set forth in this agreement, shall survive.

General. This TOU shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any principles or conflicts of law. All disputes arising under this TOU shall be heard only by a state or federal court of competent jurisdiction in Charlotte, North Carolina and the parties will submit to the jurisdiction of such courts for the purpose of litigating such disputes. If any provision of this TOU shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Ivia does not accept any responsibility at any time for anything or any shipment that has or hasn’t happened. Ivia is not liable for failures, accidents, incorrect updates, payments, documents.

TERMS OF USE FOR DRIVERS