Last Updated and Effective Date - May 20, 2019

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 11), DISCLAIMERS OF LIABILITY AND AN EXCLUSIVE REMEDY (SECTION 12), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 17). PLEASE READ THEM CAREFULLY.

1. This is a Legal Agreement.

These Terms and Conditions (the "Terms" or "Terms and Conditions") are a legal agreement between you (“you”) refers to the individual using the Reliant Dispatch Services and if you use the Services on behalf of a corporation, LLC, partnership, or other business entity, then you shall include that business entity and any individuals associated therewith using our Service and the Reliant Dispatch, LLC ("Reliant Dispatch", "we" or "us") governing your access to and use of the websites and online services that display or provide an authorized link to these Terms (collectively, the "Services"). The Reliant Dispatch Services include, without limitation websites, mobile applications, installed applications and online services. By accessing, viewing, or using the content, material, or services available on or through these Services, you indicate that you have read and understood the Terms and Conditions herein and as they may change from time to time, and that you agree to them and intend to be legally bound by them. You acknowledge that our Services are a neutral venue where members or customers may meet; as such we have no control over the quality, safety, or legal aspects of the transactions that may take place. If you do not agree to these Terms and Conditions, you are not granted permission to use these Services.

2. You Certify:

• You are a bona fide shipper, freight broker, motor carrier, third-party logistics (3PL), freight forwarder, intermodal or rail company of legal age to operate and to enter into a legal agreement of this nature.
• You shall maintain appropriate authority and will cease immediately to use the Reliant Dispatch Services if for any reason you no longer maintain such authority.
• You will not represent yourselves as operating under the authority of any company without express permission from such company.
• You will not attempt to broker freight without proper legal authority.
• You will not enter into any transaction to transport freight without the appropriate carrier authority.
• You must be authorized as an interstate carrier to use Reliant Dispatch Services in any way that involves interstate transport. If you are an intrastate carrier only, you are strictly prohibited from the use of Reliant Dispatch Services other than for intrastate purposes.
• You will not enter into any transaction to transport freight without the appropriate level of insurance coverage or bond.
• You will not enter into a transaction to transport freight outside the geographic bounds of your carrier authority.
• You will not enter into a transaction to transport commodities you are not authorized to transport.
• You will not enter into any transaction to transport freight on equipment that fails to meet any applicable Federal or State regulations.
• That your use of the Reliant Dispatch Services are solely for your commercial purposes related to your movement of freight or other services offered by Reliant Dispatch on the Services and that you shall not reproduce, republish, resell, or distribute such information in any format, in whole or in part, for sale or commercial use by third parties.
• Your access or use of the Services is not for the purpose of competing with Reliant Dispatch with respect to the Services offered on the Services. You agree any violation shall create irreparable harm.
• That without the prior written permission of Reliant Dispatch, you will not allow non-registered users access to the Reliant Dispatch Services and will never provide your password to any non-registered user, nor will you share any information from the Services with any non-authorized users. It is a violation of these Terms and Conditions to share your login and password information.
• You shall not resell or assign your rights or obligations under these Terms and Conditions.
• You agree that any violation of the above warranties may result in (1) immediate termination of your registration and access to the Services, (2) enforcement by Reliant Dispatch availing itself of any other legal remedy under state and/or federal laws. If a legal remedy is sought by Reliant Dispatch, you shall be responsible for legal costs, including without limitation, reasonable attorneys' and experts fees.
• You shall conduct your business in an ethical manner and shall not engage in any illegal, deceptive, misleading or fraudulent practice.
• Use of any import/export capability to transfer Reliant Dispatch information from your computer system shall be restricted to one or more identified computers located at the address(es) noted on your service agreement, and shall not be distributed to any other location(s). Unless otherwise stated, all information downloaded or exported from Reliant Dispatch Services is intended for use by you or the employee performing the download and shall not be distributed to any other users or locations.
• Your subscription is for use by your employees or agents located at the physical address listed on your subscription agreement. If desired, your employees may download a second copy of the application on a home computer for temporary or occasional use for company business. Your subscription does not cover your employees or agents that are employed at a different location from the one listed on your subscription agreement. A separate subscription is required for each business location used by your agents and employees.
• Job aggregators are not allowed to post jobs on the Reliant Dispatch Services and you agree such access may be terminated at any time.

3. Prohibited Activities.

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any other person or entity (each a "person"), interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, you may not:

• Impersonate any person and entity or falsely state or otherwise misrepresent your credentials, affiliation with any entity or person, or the origin of any information you provide;
• Engage in unauthorized spidering, scraping, electronic data stripping, or harvesting of information, or use any other unauthorized automated means to compile information;
• Using hacking techniques to gain unauthorized access to electronic data, intentionally accessing a computer without authorization or exceeding authorized access;
• Solicit, collect, transmit, store, or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, first and last names, email addresses, or credit or debit card numbers;
• Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
• Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited;
• No competitors or future competitors are permitted access to our site or information, and any such access by third parties is unauthorized;
• Use or attempt to use another's information, account, password, service, or system except as expressly permitted;
• Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users' computers, devices, or systems; or
• Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms and Conditions. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

4. Member/User Submissions.

Certain areas of the Services may enable you to post comments, send emails, or otherwise post, publish, submit, transmit, upload, send, or otherwise provide ("provide") information to us or other persons/entities. You remain fully responsible for the content and other materials that you provide to us or others in connection with the Services, including without limitation information, audio recordings, videos, photographs, documents, or other materials ("Member/User Content"). You agree not to provide Member/User Content that:

• Infringes on, misappropriates, or otherwise violates the copyright, trademark, patent, or other intellectual property rights of any person;
• Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually-explicit;
• Violates a person's right to privacy or publicity;
• Contains advertising or a solicitation of any kind;
• Exploits, harms, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate any person or entity, including a current or former Reliant Dispatch representative, or falsely states or otherwise misrepresents an affiliation with a person or entity;
• Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
• Transmits, stores, or otherwise makes available a virus, trojan horse, worm, time bomb, spyware, bot, or other harmful or deleterious programming routine;
• Transmits, stores, or otherwise makes available material which contains any material of a commercial nature, including but not limited to advertising, promotions, "junk mail," "spam," "pyramid schemes," "chain letters," or solicitation of any kind;
• Transmits, stores, or otherwise makes available material which is irrelevant to the subject matter of the Services;
• Contains epithets or other language or material intended to intimidate or to incite violence; or
• Violates any applicable local, state, national, or international law, or advocates illegal activity.

We also, to the extent permitted or required by law, have the right to disclose your identity to any third party who is claiming that any Member/User Content you provide us or others in connection with the Services constitutes a violation of the third party's intellectual property rights, of the third party's right to privacy, or of any other applicable local, state, national, or international law.

The Services may also offer opportunities for you to transmit Member/User Content via third party social networking websites and products ("Third Party Social Networking Features"). Any use of Third Party Social Networking Features is subject to the then current terms of use of the applicable third party website or product and not these Terms unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

If the Services permit you to provide us Member/User Content, you may only provide Member/User Content that is original and that you have the right to provide. By providing us Member/User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your Member/User Content (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content to the extent permitted by applicable law. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.

By providing your User Content to us, you agree to these Terms. If you do not want to grant us permission to use your Member/User Content in accordance with these Terms, please do not provide it to us on our Services.

We are not obligated to publish or use your Member/User Content. The posting or publishing of any Member/User Content or Reliant Dispatch Content (as defined in Section 7) is not in any way intended to state, suggest, or imply endorsement by the Reliant Dispatch, including as to the truth, validity, or reliability of the Member/User Content or Reliant Dispatch Content. The Reliant Dispatch is not responsible for any Member/User Content or Reliant Dispatch Content and has no duty to monitor the Member/User Content or Reliant Dispatch Content posted on the Services. You use any information contained in Member/User Content or Reliant Dispatch Content at your own risk. The Reliant Dispatch and its designees have the right, but not the obligation, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your Member/User Content or the Services (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason. The obligations that you have to us under these Terms shall survive termination of the Services, any use by you of the Services, any Member/User Content on the Services, or these Terms. You shall not continue to post any Member/User Content that we have previously advised you not to post.

You acknowledge that by submitting your Member/User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and Reliant Dispatch or between you and any of Reliant Dispatch's third-party providers other than as expressly set forth in these Terms. You acknowledge that Reliant Dispatch is not responsible for, and cannot and does not guarantee, the accuracy, completeness, or reliability of information in any Member/User Content. You are solely responsible for your interactions with other members/users of the Services. You may use various features to report violators within the Member/User Content. We reserve the right, but have no obligation, to monitor disputes between you and other members/users.

5. Subscription Services.

Subscription Services. Certain Services, such as ReliantDispatch.com, may be available only through the creation of a subscription account and payment of a fee ("Subscription Services"). Through such Subscription Services accounts, you will have access to the Subscription Services for a fixed term, which may renew automatically as described in these Terms.

Access Restrictions. You are not authorized to access any Subscription Services unless you (i) have opened a subscription account with the Reliant Dispatch, and paid the appropriate fee; (ii) have received access credentials (including a username and password), and (iii) are using those access credentials. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing, selling, publicly offering, or offering to sell your access credentials or providing any content or other materials that you obtained through Subscription Services to third parties or otherwise in violation of these Terms. You are responsible for maintaining the confidentiality of your access credentials and if you know or suspect that anyone other than you knows your access credentials, you must promptly notify us. You are also responsible for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made or other charges incurred on your credit or debit card in connection with your use (or an authorized third party's use) of the Subscription Services. In the event of any fraudulent, abusive, or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.

Devices and Minimum System Requirements. Some Subscription Services, such as ReliantDispatch.com and other services, are accessible only using certain devices that meet certain minimum system requirements. You should investigate Subscription Services before you pay for access to them to ensure that they will be compatible with your device because we will not refund any fees you paid if the Subscription Services to which you subscribe are not compatible. For some devices, the payment for Subscription Services may be processed by the device provider. Those payments will be governed by the device provider's terms, including its cancellation and refund policy. Other restrictions, including restrictions on the availability of the devices or the Subscription Services in certain countries, may apply.

Suspension or Termination. We may suspend or terminate your access to Subscription Services at any time without notice to you. If we do so, you will not be responsible for fees associated with the Subscription Services after the termination becomes effective, but you will not have any other remedies against us, and we will not issue any refunds. If you have breached or violated any obligation under these Terms, you will not be entitled to any remedy. Further, Reliant Dispatch reserves the right to interrupt the Services to proceed with maintenance operations, technical operations, or other actions to improve operation, or for any other intervention deemed necessary. 

Billing and Payment.

Age and Billing Authorization. By subscribing to a Subscription Service, you confirm that you are at least 18 years of age, that all information you submit is true and correct (including all credit or debit card information), and that you are the authorized holder of the credit or debit card.

Fees. You agree to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes (including any applicable VAT tax). The Reliant Dispatch (or, where applicable, your device provider) reserves the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Subscription Services and to institute new subscription fees or other charges effective upon prior notice to you.

Sales Tax. For certain purchases made via the Services, Reliant Dispatch is required to collect sales tax (including any applicable VAT tax). In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from the Services are not exempt from sales or use taxes simply because they are made from the Internet or because Reliant Dispatch is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including but not limited to whether the seller is present in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by Reliant Dispatch and certain states require purchasers to file a sales/use tax return reporting taxable purchases for which tax was not collected by Reliant Dispatch and to pay such tax. For details, see the website of, or otherwise, contact the applicable taxing authority. If any sales tax will be collected by Reliant Dispatch in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.

Automatic Renewal.

Monthly Subscription Services. For Subscription Services billed on a monthly basis, your subscription will automatically renew monthly at a regular full monthly price, unless you cancel your Subscription Service prior to the beginning of the next applicable billing period. The primary credit or debit card you have stored in the Payment Profile section of your ReliantDispatch.com account will be charged on or about the same date each month of your subscription. If we are unable to process these charges to your primary credit or debit card, an alternative card stored in the Payment Profile section of your ReliantDispatch.com account may be charged. If you wish to cancel a Subscription Service, you have two options: (i) you may cancel your monthly subscription in its entirety. To elect either of these options and cancel a Subscription Service, you may log in to your ReliantDispatch.com account, access the My Account section and follow the applicable instructions, or send an email to support@ReliantDispatch.com. In no event will Reliant Dispatch provide partial or pro-rated refunds. Please see the Cancellation Section below for details regarding refunds.

UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE BILLING PERIOD THAT YOU WISH TO CANCEL ANY AUTOMATICALLY RENEWING SUBSCRIPTION SERVICE, YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE APPLICABLE SUBSCRIPTION FEE AND ANY TAXES (INCLUDING APPLICABLE VAT TAXES) USING ANY CREDIT OR DEBIT CARD STORED IN THE PAYMENT PROFILE SECTION OF YOUR RELIANTDISPATCH.COM ACCOUNT.

Trial Subscriptions. Access to a Subscription Service, including ReliantDispatch.com, may from time to time be made available on a time-limited free trial basis (a "Trial Subscription"). Please note that these Terms apply to a Trial Subscription. You may be asked to provide your credit or debit card information when registering for a Trial Subscription. In such event, your credit or debit card will only be charged if you do not cancel your Trial Subscription before the end of the Trial Subscription period. If we ask for your credit or debit card information and you do not affirmatively cancel before the end of the Trial Subscription, then your Trial Subscription may be converted into a paid subscription and your credit or debit card may be charged the subscription fee in effect at the time your Trial Subscription first began. By subscribing for a Trial Subscription, you: (i) acknowledge that the Trial Subscription is personal to you and may not be transferred or otherwise assigned to any other person or entity; (ii) acknowledge that the Trial Subscription is intended to permit you to assess the Subscription Services for consideration of a full subscription to the Pay Service (a "Paid Subscription"); and (iii) acknowledge that the Trial Subscription may be subject to other terms and conditions specific to the Trial Subscription being offered, and your use of the Subscription Service during the Trial Subscription period will also be subject to such other terms and conditions and such other terms and conditions shall be incorporated into the Terms; and (iv) ACKNOWLEDGE THAT IF YOU ARE REQUIRED TO PROVIDE YOUR CREDIT OR DEBIT CARD INFORMATION AND THE TRIAL SUBSCRIPTION IS NOT CANCELLED WITHIN THE TRIAL SUBSCRIPTION PERIOD, YOUR TRIAL SUBCRIPTION WILL CONVERT TO A PAID SUBSCRIPTION THE PRICE OF WHICH WILL BE EQUAL TO THE PRICE OF A PAID SUBSCRIPTION IN EFFECT AT THE TIME THE TRIAL SUBSCRIPTION BEGAN AND THE CREDIT OR DEBIT CARD YOU PROVIDED WILL AUTOMATICALLY BE BILLED BASED ON A PAID SUBSCRIPTION AS IF SUCH PAID SUBSCRIPTION BEGAN ON DAY ONE OF YOUR TRIAL SUBSCRIPTION.

Cancellation. To cancel your subscription to Subscription Services, you must follow the procedures described below. If we do not list cancellation procedures for a particular Subscription Service, you should contact us at support@ReliantDispatch.com. Except as described below, we do not refund or prorate Subscription Services, or any other purchases made through the Services, for any reason. Requests to terminate subscriptions will be effective once the billing period in which we received the cancellation concludes.

6. Registration for Non-Subscription Services.

You may be asked to register for certain activities in connection with the Services, including those Services other than Subscription Services (see Section 4 for a discussion of Subscription Services). When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information about yourself or entity as requested or directed and to promptly update this information to maintain its accuracy. The Reliant Dispatch has the right to suspend or terminate any account or other registration and to refuse any and all current or future use if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account.

7. Intellectual Property.

All content, information, computer code, software, and any other materials that are part of the Services other than your Member/User Content (collectively, the "Reliant Dispatch Content") is the property of the Reliant Dispatch or third parties. You may access, use, and display the Services and print copies of the Reliant Dispatch Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.

Copyright and Other Intellectual Property Rights. Certain of the Reliant Dispatch Content is protected under the copyright laws of the United States and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by the Reliant Dispatch or its third-party licensors to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the Reliant Dispatch Content. To obtain written consent to use a copyrighted work, please contact us using the information in Section 23. Copying or downloading Reliant Dispatch Content other than as stated above is a violation of these Terms and Conditions.

Trade and Service Marks. You acknowledge and agree that (i) Reliant Dispatch are registered trademarks of the Reliant Dispatch; and (ii) all Reliant Dispatch logos and marks as well as other proprietary materials depicted in connection with the Services and the Reliant Dispatch Content are the property of the Reliant Dispatch and may not be used commercially without the prior written consent of Reliant Dispatch or its designee, which may be requested via the contact information provided in Section 23.

Notice of Infringement. The Reliant Dispatch respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
• Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
• Your name, address, telephone number, and email address, so that we may contact you if necessary;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please direct any notice of claims of copyright to support@ReliantDispatch.com and type "Claims of Copyright" in the subject line.

Embedding Content. The Services may allow you to embed Reliant Dispatch Content into other web pages. All use of embedded Reliant Dispatch Content must be for non-commercial purposes only and may be disabled by the Reliant Dispatch at any time and for any reason or for no reason at all. Prohibited commercial uses include any of the following actions taken without the express approval of the Reliant Dispatch:

• Selling access to embedded Reliant Dispatch Content on another website;
• Using embedded Reliant Dispatch Content for the purpose of gaining advertising, subscription, or other revenue;
• Creating a website that does nothing more than aggregate a collection of embedded Reliant Dispatch Content and intentionally trying to generate ad revenue from it;
• Using embedded Reliant Dispatch Content that the Reliant Dispatch finds, in its sole discretion, competes with or displaces the Services.

You must not establish a link to our Services in any website that requires registration in connection with content from our Services or that otherwise collects personal information in connection with content from our Services. Prohibited commercial uses do not include using embedded Reliant Dispatch Content to show videos on an ad-enabled blog, provided the embedded Reliant Dispatch Content is not used to gain advertising revenue or compete with the Services.

8. Linking to our Services.

You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exist and no link to our Services may be "framed" to the extent such frame contains any sponsorship, advertising, or commercial text or graphics. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Member/User Content standards described in Section 3 of these Terms.

9. Change, Interruption or Termination.

The Reliant Dispatch may change or terminate these Terms and Conditions for any reason at any time, for example, to reflect changes in laws or regulatory requirements. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. The Reliant Dispatch also reserves the right to modify the price of any Services or any other products offered via the Services. The Reliant Dispatch is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Any offer to sell any Services or any other products offered via the Services may be discontinued at any time in Reliant Dispatch's sole discretion.

Otherwise applicable sections of these Terms and Conditions shall survive termination. The Reliant Dispatch also reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions legal costs, including without limitation, reasonable attorneys' and experts fees. Upon termination, you must cease all use of the Services, including any of the Reliant Dispatch Content.

10. Privacy Policy.

By using the Services, you acknowledge that you have reviewed and understand our Privacy Policy (the "Privacy Policy"). You agree (i) to provide accurate, current, and complete information about yourself or entity you represent as may be prompted by any registration or other forms (collectively, "Registration Data"); (ii) to maintain the security of your password and identification; (iii) to maintain and promptly update Registration Data and any other information you provide to Reliant Dispatch; (iv) not to sell, transfer, or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account.

11. Links and Third Party Content.

The Services may contain links to other websites or online services that are operated and maintained by other persons and that are not under the control of or maintained by the Reliant Dispatch. Such links do not constitute an endorsement by the Reliant Dispatch of those other websites or online services, the content displayed therein, or the persons associated therewith. These Terms and Conditions do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.

We may incorporate third party services, software, technology, data, and/or other content (collectively, "Third Party Materials") either independently or in connection with various programs, features, or functions available through the Services. Your use of Third Party Materials may be subject to terms of use other than these Terms and as may be set forth by third-party providers, as applicable. You agree and acknowledge that the Reliant Dispatch assumes no liability with respect to your use of such Third Party Materials whether you are aware of their use or not and whether or not the use of such Third Party Materials is endorsed or recommended by the Reliant Dispatch.

12. Disclaimer of Warranties.

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY THE RELIANT DISPATCH. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON, ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE RELIANT DISPATCH CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. THE RELIANT DISPATCH DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE, OR AGREE WITH ANY RELIANT DISPATCH CONTENT OR ANY MEMBER/USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY MEMBER/USER CONTENT OR RELIANT DISPATCH CONTENT. THE RELIANT DISPATCH MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF THE RELIANT DISPATCH SHALL CREATE ANY WARRANTY.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. Exclusive Remedy and Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL THE RELIANT DISPATCH, ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR LOST INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR OUT-OF-POCKET EXPENSES AND DAMAGES FROM CLAIMS OF THIRD PARTIES ARISING OUT OF THE ACCIDENT OR TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY RELIANT DISPATCH CONTENT OR MEMBER/USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE RELIANT DISPATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELIANT DISPATCH'S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.

14. Driver Safety.

You agree to assume Full Responsibility to Drive Safely and Obey All Traffic Laws and Regulations and use your own personal best judgment while driving and/or operating any equipment. You agree that you will not enter or change information or otherwise interact with the Services while driving and/or operating any equipment and you waive any claims against Reliant Dispatch that may arise out of any accidents, deaths, physical injuries or injuries to health or damages resulting from the use of the Services in violation of the foregoing. Please always wear your seat belt and always drive carefully. 

15. Indemnification.

You agree to indemnify, hold harmless, and defend Reliant Dispatch, its affiliates and licensors, members/users, any party involved in operating, creating, producing, or delivering the Services (including the Subscription Services), and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys' fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services (including, without limitation, your Member/User Content and your use of any Reliant Dispatch Content), (ii) your online conduct in connection with the Services, (iii) your violation or breach of these Terms and Conditions, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of the Reliant Dispatch. These obligations will survive any termination of these Terms and Conditions.

16. Integration and Severability and Amendment.

These Terms constitute the entire agreement between the Reliant Dispatch and you, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Reliant Dispatch in its sole discretion may amend these Terms, in which case we will post the amended Terms within the Services. Your use of the Services after such amended Terms are posted will constitute acceptance of them by you. Reliant Dispatch may be required to notify you of certain events concerning the Services and your use thereof, and your use of the Services constitutes acceptance that such notices will be effective upon our posting them on the applicable Services or, if we elect in our sole discretion, emailing you at an address you have provided to us.

17. No Waiver.

Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

18. Assignment and Binding Effects.

You may not assign these Terms or any rights or obligations herein without the prior written consent of the Reliant Dispatch and any attempted assignment in contravention of this provision is null and void and of no force or effect. The Reliant Dispatch has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.

19. Governing Law, Binding Arbitration, Class Action Waiver, Location, and Time Period for Bringing Notice of Claim.

These Terms are governed by and must be construed in accordance with, the laws of the United States and the State of Wyoming, as applicable, without giving effect to their principles of conflicts of law. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.

With respect to any and all disputes arising out of or relating to the Services or these Terms (including without limitation the Privacy Policy), the Reliant Dispatch and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and the Reliant Dispatch do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE RELIANT DISPATCH WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

The Reliant Dispatch and you agree that all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that the Reliant Dispatch may seek any interim or preliminary relief from a court of competent jurisdiction in Wyoming, necessary to protect its rights or property pending the completion of arbitration.

Any claims not subject to arbitration shall be subject to the exclusive jurisdiction of state or federal courts in Cheyenne County, Wyoming. The parties hereby waive any argument that any such court does not have personal jurisdiction or that the forum is not appropriate or convenient.

To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide Reliant Dispatch with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.

20. Separate Terms and Conditions.

In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.

21. Reliant Dispatch Services Purchased through the Apple App Store; Apple Not a Party.

If you have purchased the Services from Apple Inc. ("Apple"), you acknowledge that these Terms are an agreement between you and the Reliant Dispatch and not with Apple. As between the Reliant Dispatch and Apple, the Reliant Dispatch (not Apple) is solely responsible for the Services and the Reliant Dispatch Content. Any Services obtained through Apple's App Store must be used only on an iOS device that you own or control, as permitted by the Usage Rules set forth in the App Store Terms and Conditions. You acknowledge and agree that Apple is not responsible for (i) providing any maintenance or support services with respect to the Services and that, as between the Reliant Dispatch and Apple, the Reliant Dispatch and its partners (and not Apple) are responsible for providing such maintenance and support services; or (ii) any claims related to the Services or your possession and/or use thereof (including product liability claims, infringement claims, claims that the App fails to