Terms of Use
1. Agreement to These Terms
These Terms of Use ("Terms") are a binding agreement between you and SurePoint Couriers LLC ("SurePoint," "we," "us") governing your access to and use of drivers.surepointcouriers.com and related driver-application pages (the "Site"). By accessing the Site, submitting an application, or clicking to agree, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Site.
These Terms include a binding arbitration agreement and class action waiver in Section 12.
2. Who We Are; Independent Contractors
SurePoint is a Michigan same-day courier company. Driver applicants who are engaged work as independent contractors (typically 1099), not employees, except where a written agreement and applicable law provide otherwise. Submitting an application does not create an employment or contractor relationship. If we engage you, a separate independent contractor agreement will govern that relationship and will control over these Terms if there is a conflict on contractor terms.
3. Eligibility
You must be at least 21 years old and able to form a binding contract to apply. You represent that information you submit is accurate and complete.
4. Applications, Screening, and Onboarding
We may review applications, request documents, and — only after required FCRA disclosure and authorization — order background and motor vehicle record checks through a consumer reporting agency such as Checkr. We may accept, decline, or pause any application at our discretion, subject to applicable law. Completing onboarding steps does not guarantee engagement or work volume.
5. Acceptable Use
You agree not to misuse the Site, including by: submitting false information; scraping or attacking the Site; attempting to access non-public systems; interfering with other users; or using the Site for unlawful purposes.
6. Intellectual Property
The Site's content, branding, and design are owned by SurePoint or its licensors. You may not copy or reuse them except as needed to use the Site as offered.
7. Third-Party Services
The Site may rely on third parties (for example hosting, forms, email, payments, or screening). Their terms and privacy policies apply to their services.
8. Disclaimers
THE SITE AND APPLICATION PROCESS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee uninterrupted access, that the Site will be error-free, or that applying will result in work.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUREPOINT AND ITS OFFICERS, MEMBERS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING FROM YOUR USE OF THE SITE OR APPLICATION PROCESS. OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS YOU PAID US (IF ANY) FOR SITE ACCESS IN THE 12 MONTHS BEFORE THE CLAIM. Some jurisdictions do not allow certain limitations; in those places, our liability is limited to the fullest extent allowed.
10. Indemnity
You will defend and indemnify SurePoint against claims, damages, and expenses (including reasonable attorneys' fees) arising from your misuse of the Site, your inaccurate submissions, or your violation of these Terms or law — except to the extent caused by our willful misconduct.
11. Governing Law
These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 12. Subject to Section 12, courts in Oakland County, Michigan (or the federal courts for that district) have exclusive jurisdiction for disputes that proceed in court.
12. Dispute Resolution; Binding Arbitration; Class Action Waiver
Please read this section carefully. It affects how disputes between you and SurePoint Couriers LLC are resolved. It includes a binding individual arbitration requirement and a class action waiver.
Informal resolution first. Before starting arbitration or a lawsuit (other than small claims), you agree to contact us at drive@surepointcouriers.com and try in good faith to resolve the dispute informally for at least 30 days after we receive your written notice describing the dispute.
Binding arbitration. Except as stated below, any dispute, claim, or controversy arising out of or relating to these Terms, our websites, or our services — including formation, interpretation, breach, termination, or validity — will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, if those Rules do not apply to a particular dispute, under the AAA rules the AAA determines are applicable). The AAA rules are available at adr.org. The Federal Arbitration Act governs interpretation and enforcement of this arbitration agreement.
Individual claims only; class action waiver. You and SurePoint may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. If a court decides that applicable law precludes enforcement of any of this waiver's limitations as to a particular claim for relief, that claim (and only that claim) may be severed and brought in court after arbitration of the remaining claims.
Small claims court. Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court on an individual basis.
Injunctive relief for IP / misuse. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to stop unauthorized use or abuse of the websites, intellectual property, or confidential information, without waiving the right to arbitrate other disputes.
Process and location. Arbitration may be conducted by telephone, video, or based on written submissions. If an in-person hearing is required, it will take place in Oakland County, Michigan, or another location mutually agreed, unless the AAA Consumer Arbitration Rules require a different arrangement. The arbitrator may award the same individual damages and relief that a court could award to an individual under applicable law.
Fees. Filing, administration, and arbitrator fees will be allocated as provided in the AAA Consumer Arbitration Rules and fee schedule. If those Rules require us to pay certain fees for consumer claims, we will do so. Each party bears its own attorneys' fees unless the arbitrator awards fees under applicable law or the AAA rules.
Opt-out. You may opt out of this arbitration agreement by sending written notice to drive@surepointcouriers.com within 30 days after you first accept these Terms, with your full name, the email address you used with us, and a clear statement that you opt out of arbitration. Opting out does not affect other Terms.
Severability. If any part of this Section 12 is found unenforceable, the rest remains in effect. If the class action waiver is found unenforceable as to a particular claim, that claim must proceed in court, not arbitration, and the remainder of this section still applies to other claims.
13. Changes
We may update these Terms by posting a revised version with a new "Last updated" date. Continued use of the Site after changes become effective constitutes acceptance, except where applicable law requires a different method of assent. Material changes to arbitration will not apply retroactively to disputes you already notified us about in writing.
14. Contact
SurePoint Couriers LLC
3325 Spruce Apt 3211
Lake Orion, MI 48359
drive@surepointcouriers.com