Common use of Electronic Messaging Clause in Contracts

Electronic Messaging. CARRIER and/or its driver(s) (“you or “your”) agree that they may legally receive SMS and/or electronic messages (“Message(s)”) originating from SPI Logistics or its contracted entity. Responding to or reading any Message while driving a truck or motor vehicle can cause injury, death or property damage to you or others. You agree that you will not read or reply to a message unless your vehicle is stationary and parked. CARRIER and any employee and/or agent of CARRIER assume all responsibility for abiding by these instructions and agree that you will comply with all applicable federal, state and local laws including, but not limited to receiving, reading and/or sending Messages, phone calls and/or any other information to or from SPI Logistics or its contracted entities. ▇▇▇▇▇▇▇ agrees to release, indemnify, defend, and hold SPI Logistics or its contracted entities harmless to the fullest extent permitted by law for any and claims of any nature arising out of or relating to the Messages, the hauling of the load, any violation of the terms of this Agreement or the rate confirmation. The safe, legal, and proper operation of the carrier supersedes any request, demand, preference, instruction, or information provided by SPI Logistics or its contracted entities or its customers to CARRIER with respect to any shipment inclusive of the securement of the cargo. If any employee or contracted entity of SPI Logistics or its customer requests, demands, or instructs CARRIER to take any action that violates any laws, CARRIER shall refuse to transport a load and immediately contact SPI Logistics before taking any further action. ▇▇▇▇▇▇▇ agrees that when it chooses to transport a load it does so on its own volition, exercising its own discretion and decision-making without coercion or undue influence by any individual or entity.