The Client's indemnification obligations apply to claims, damages, liabilities, and expenses arising from:
- Any misuse or unauthorized use of the Services by the Client or its representatives;
- Any breach or alleged breach of any terms, conditions, or policies of Motion Miles Logistics by the Client;
- Any violation of applicable local, state, or federal laws, rules, or regulations relating to delivery, transportation, or logistics services;
- Any negligent, reckless, or intentionally wrongful act or omission by the Client or its personnel;
- Any false, inaccurate, or misleading information provided by the Client at the time of booking or during the course of service;
- Any claim by a third party arising from the Client's use of the Services.
Upon becoming aware of any claim for which indemnification may be sought, Motion Miles Logistics shall:
- Promptly notify the Client in writing of such claim or proceeding;
- Provide the Client with reasonable cooperation in the defense of such claim, at the Client's expense;
- Reserve the right, at its own cost, to participate in the defense of any claim through counsel of its own choosing.
The Client shall not settle any claim that imposes any obligation, restriction, or liability on Motion Miles Logistics without the Company's prior written consent.
The Client shall not be required to indemnify the Indemnified Parties to the extent that any claim, damage, liability, or expense is caused directly by the gross negligence or willful misconduct of Motion Miles Logistics or its employees.
The indemnification obligations set forth in this Policy shall survive the termination or expiration of any service agreement between the Client and Motion Miles Logistics and shall remain in full force and effect regardless of the reason for termination.
This Indemnification Policy shall be governed by the laws of the State of Texas. Any disputes arising under this Policy shall be subject to the exclusive jurisdiction of the courts located in Travis County, Texas.
