These Communication Terms and Conditions (these “Terms”) govern the automated communications sent by Bainbridge Brokerage, LLC (“Bainbridge”) to motor carriers participating in Bainbridge’s carrier recruiting program (the “Program”) through Bainbridge’s recruiting communications surfaces (the “Platform”). By clicking “I Accept” or by otherwise indicating acceptance of these Terms through the Platform, the motor carrier accepting these Terms (“Participant”) acknowledges that Participant has read, understood, and agrees to be bound by these Terms. These Terms do not modify or supersede any master service agreement, carrier packet, work order agreement, or other agreement between Bainbridge and Participant.
1.1 “Authorized Contact Information” means the telephone number(s), email address(es), and other contact information provided by Participant to Bainbridge through the Platform or in connection with Participant’s business relationship with Bainbridge, as updated by Participant from time to time in accordance with Section 2.5.
1.2 “Program Communications” means text messages (SMS/MMS), telephone calls (including calls using automated dialing systems or prerecorded messages), emails, and other electronic communications sent by or on behalf of Bainbridge to Participant regarding recruiting outreach, onboarding follow-ups, scheduling, registration links, dedicated freight opportunities, Program updates, and other matters related to Participant’s participation in the Program.
2.1 Express Written Consent to Receive Communications. By accepting these Terms, Participant expressly consents to receive Program Communications from Bainbridge (and its agents, affiliates, and service providers) at the Authorized Contact Information, including:
(a) Text messages (SMS/MMS) sent via automated systems, including messages regarding recruiting outreach, onboarding follow-ups, scheduling, registration links, dedicated freight opportunities, Program updates, and other Program-related communications;
(b) Telephone calls, including calls made using an automatic telephone dialing system (“ATDS”) or prerecorded or artificial voice messages, regarding recruiting outreach, onboarding follow-ups, scheduling, and other Program-related matters; and
(c) Email communications regarding any Program-related matters.
For the avoidance of doubt, no mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
2.2 Nature of Communications. Participant acknowledges and agrees that:
(a) Program Communications are integral to Participant’s receipt of recruiting and onboarding information through the Platform;
(b) Message frequency will vary depending on the volume of recruiting and onboarding needs relevant to Participant’s operations and capabilities;
(c) Message and data rates may apply depending on Participant’s wireless carrier plan;
(d) Bainbridge uses automated systems to send Program Communications and that such systems may constitute an ATDS under applicable law; and
(e) This consent is given freely and voluntarily in connection with Participant’s participation in the Program.
2.3 Opt-Out Rights. Participant may opt out of certain Program Communications as follows:
(a) Text Messages: Participant may opt out of text messages at any time by replying “STOP” to any text message received from Bainbridge. Upon receipt of a STOP request, Bainbridge will send a single confirmatory message and cease sending text messages to that number within ten (10) business days.
(b) Telephone Calls: Participant may opt out of automated or prerecorded telephone calls by contacting Bainbridge at +1 (414) 260-3804 or join@bainbridge.ai and requesting removal from automated call lists. Bainbridge will honor such requests within ten (10) business days.
(c) All Communications: Participant may opt out of all Program Communications by emailing Bainbridge at join@bainbridge.ai or by providing written notice to Bainbridge.
2.4 Effect of Opt-Out.
(a) Partial Opt-Out: If Participant opts out of text messages only, Bainbridge will attempt to communicate recruiting and onboarding information through other channels (telephone calls or email). However, Participant acknowledges that opting out of text messages may result in delayed or missed opportunities.
(b) Full Opt-Out: If Participant opts out of all Program Communications, Participant will no longer receive recruiting and onboarding communications through the Platform. Bainbridge may discontinue Program outreach to Participant upon notice, as Participant will be unable to fulfill the primary purpose of Program participation via Program Communications.
(c) Re-Enrollment: Participant may re-enroll in text message or telephone communications at any time by contacting Bainbridge at join@bainbridge.ai or by replying “START” to the Bainbridge text message number.
2.5 Contact Information Updates. Participant shall promptly notify Bainbridge of any changes to Authorized Contact Information through the Platform or by written notice. Participant is responsible for ensuring that its Authorized Contact Information is current and accurate. Bainbridge is not responsible for communications sent to outdated contact information.
2.6 Reassigned Numbers. Participant shall immediately notify Bainbridge if any telephone number listed in the Authorized Contact Information is reassigned, disconnected, or no longer in Participant’s possession or control.
2.7 Authorized Recipients. Participant represents and warrants that it is the owner or authorized user of the telephone number(s) and email address(es) provided as Authorized Contact Information. If Participant provides a telephone number belonging to an employee or agent, Participant represents that it has obtained that individual’s consent to receive Program Communications at that number.
3.1 Governing Law. These Terms shall be governed by the laws of the State of Delaware, without regard to conflicts of law principles.
3.2 Dispute Resolution. Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by JAMS in Denver, Colorado, in accordance with the JAMS Streamlined Arbitration Rules and Procedures then in effect. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
3.3 Entire Agreement Regarding Communications. These Terms constitute the entire agreement between the parties with respect to Participant’s consent to receive Program Communications. These Terms do not modify or supersede any other agreement between the parties, including any master service agreement, carrier packet, work order agreement, or pricing agreement.
3.4 Amendment. Bainbridge may update these Terms from time to time by posting revised Terms on the Platform and providing notice to Participant. Continued participation in the Program after such notice constitutes acceptance of the updated Terms.
3.5 Waiver. No waiver of any provision shall be effective unless in writing. Failure to enforce any provision does not constitute a waiver.
3.6 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
By clicking “I Accept” on the Platform, Participant acknowledges and confirms that:
(a) Participant has read and understood these Terms;
(b) Participant consents to receive Program Communications as described in these Terms;
(c) The telephone numbers and email addresses provided by Participant to Bainbridge are owned or controlled by Participant, and Participant has obtained consent from any individuals whose contact information has been provided to receive Program Communications; and
(d) Participant is authorized to accept these Terms on behalf of the business entity identified in Participant’s Platform account.
Effective upon acceptance through the Platform.