Please read the CleanRail Platform Terms, Conditions, and Liability Disclaimer in full before signing. You must scroll to the bottom of the document before the signature field becomes active.
CLEANRAIL PLATFORM — TERMS, CONDITIONS & LIABILITY DISCLAIMER
Version 1.0 · TraqTrust LLC · Veteran Owned
IMPORTANT — READ CAREFULLY. By registering on the CleanRail Platform and providing your electronic signature below, you acknowledge that you have read, understood, and agree to be bound by these Terms, Conditions, and Disclaimers in their entirety.
1. PLATFORM IDENTITY AND NATURE OF SERVICE
CleanRail is a digital matching marketplace owned and operated by TraqTrust LLC, a veteran-owned limited liability company. CleanRail is a marketplace intermediary only. CleanRail provides a technology platform that connects Shippers with independent Registered Cleaning Providers. CleanRail is not a railcar cleaning contractor, not a hazardous materials handler, not a waste disposal company, and not a regulatory compliance advisor. CleanRail does not perform, supervise, control, or direct any cleaning operations.
2. INDEPENDENT CONTRACTOR RELATIONSHIP
The relationship between CleanRail and each Registered Cleaning Provider is that of an independent platform and an independent contractor. No employment, agency, partnership, joint venture, or franchise relationship is created or implied by use of this platform. CleanRail does not withhold taxes, provide workers' compensation, provide liability insurance, or exercise employer-level control over any Registered Cleaning Provider or their personnel.
3. REGULATORY COMPLIANCE — YOUR SOLE RESPONSIBILITY
Railcar and tank car cleaning operations are among the most heavily regulated activities in the transportation and industrial safety sectors. Registered Cleaning Providers bear sole and exclusive responsibility for compliance with all applicable regulations including but not limited to: OSHA 29 CFR 1910.146 (Permit-Required Confined Space Entry); OSHA 29 CFR 1910.120 (HAZWOPER); DOT 49 CFR Parts 171-180 (Hazardous Materials); PHMSA Tank Car Facility Registration requirements; AAR M-1002 and M-1003 Specifications; EPA RCRA hazardous waste regulations; and all applicable state environmental regulations.
4. MOBILE CLEANING AND FLARING OPERATIONS
Mobile flaring units must be designed, built, operated, and maintained in compliance with applicable NFPA, API, and state environmental standards. Providers using nitrogen inerting or purging must comply with OSHA Nitrogen Asphyxiation Prevention requirements. Nitrogen is an odorless, colorless, non-warning asphyxiant that can cause rapid incapacitation and death without warning. All mobile unit operators are solely responsible for site assessments, air quality permits, and environmental compliance at every location where they operate.
5. SELF-CERTIFICATION OF CREDENTIALS
CleanRail collects self-reported certification information at the time of registry enrollment. CleanRail does not independently verify, audit, or confirm the accuracy, currency, or validity of any certification, license, permit, insurance policy, or regulatory approval. By registering, you represent and warrant that all submitted certification information is accurate, current, and complete. Misrepresentation may result in immediate removal from the registry and may give rise to legal liability.
6. INSURANCE REQUIREMENTS
All Registered Cleaning Providers must maintain: Commercial General Liability minimum $2,000,000 per occurrence; Pollution Liability minimum $1,000,000 per occurrence; Workers' Compensation at statutory limits; Employers' Liability minimum $1,000,000; Commercial Auto minimum $1,000,000 for mobile units. TraqTrust LLC and CleanRail shall be named as additional insureds on General Liability and Pollution Liability policies.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAQTRUST LLC AND CLEANRAIL SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURY, DEATH, ILLNESS, PROPERTY DAMAGE, ENVIRONMENTAL CONTAMINATION, OR REGULATORY VIOLATION OCCURRING IN CONNECTION WITH ANY PROJECT MATCHED THROUGH THE PLATFORM. TRAQTRUST LLC'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY THAT PARTY IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8. INDEMNIFICATION
Each Registered Cleaning Provider agrees to defend, indemnify, and hold harmless TraqTrust LLC, CleanRail, their officers, directors, members, employees, and agents from and against any and all claims, damages, injuries, deaths, losses, costs, and expenses arising out of or related to: the Provider's performance of any cleaning service; failure to comply with applicable regulations; misrepresentation of certifications; personal injury or death during operations; or environmental contamination caused by Provider operations.
9. PLATFORM FEES
Registry listing is currently free during the CleanRail launch period. CleanRail earns a project matching fee on completed cleaning contracts, calculated as a percentage of the total cleaning contract value. Fee terms are disclosed at the time of each project match. CleanRail reserves the right to introduce subscription fees for registry listings with thirty (30) days written notice.
10. GOVERNING LAW
These Terms shall be governed by the laws of the State of Montana. Disputes shall be resolved by binding arbitration in Billings, Montana under the rules of the American Arbitration Association.
11. NOT LEGAL OR COMPLIANCE ADVICE
Nothing in the CleanRail Platform constitutes legal advice, safety advice, compliance advice, or professional advice of any kind. Users must consult qualified legal counsel, safety professionals, and regulatory specialists for guidance specific to their operations.
12. ENTIRE AGREEMENT
These Terms constitute the entire agreement between TraqTrust LLC and the Registered Cleaning Provider regarding use of the CleanRail Platform. TraqTrust LLC reserves the right to modify these Terms with fifteen (15) days written notice. Continued use of the Platform constitutes acceptance of modified Terms.
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