Terms of use

Effective Date: January 11, 2026
Company: LM Software Development LLC (“Load Market”, “LM Tracking”, “Load Market Tracking”, “we”, “us”, or “our”)

INTRODUCTION & ACCEPTANCE OF TERMS

These Terms of Service (“Terms”) are a legally binding agreement between you (“Customer”, “you”, “your”) and LM Software Development LLC (“Load Market”) governing your access to and use of Load Market’s websites, mobile applications, APIs, integration tools, mapping and tracking modules, and any related products, software, or technology services (collectively, the “Services”).

BY CLICKING “I ACCEPT”, “I AGREE”, CREATING AN ACCOUNT, OR BY DOWNLOADING, INSTALLING, ACCESSING, VIEWING, OR USING THE CONTENT, MATERIAL, OR SERVICES IN ANY MANNER, YOU:

acknowledge that you have read, understood, and agree to be bound by these Terms;
represent and warrant that you have full authority to bind the entity on whose behalf you are using the Services (if applicable);
agree that all use of the Services is entirely at your own risk;
agree that Load Market provides the Services strictly “AS IS” and subject to the limitations of liability expressly set forth in these Terms

IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

THIS AGREEMENT REQUIRES THE USE OF MANDATORY ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, AS DETAILED IN SECTION 21 AND 23 BELOW, CUSTOMER AGREES THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE PROVIDED HEREIN. CUSTOMER FURTHER AGREES TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

BY ACCEPTING THIS AGREEMENT, CUSTOMER ALSO AGREES TO LOAD MARKET’S PRIVACY POLICY, WHICH IS INCORPORATED INTO THIS AGREEMENT AND MAY BE UPDATED FROM TIME TO TIME.

1. Definitions

For the purpose of these Terms:

“Services” means all Load Market technology offerings, whether provided via web, mobile application, API, or integration, including without limitation:

LM Tracking mobile application;
Load Market website and web platform;
APIs, SDKs, and developer tools;
integrations with Transportation Management Systems (TMS), Electronic Logging Device (ELD) platforms, telematics providers, and other third-party logistics systems;
tracking requests, tracking sessions, and tracking links;
shared shipment visibility and ETA views;
in-app chat, document uploads (including BOLs and PODs), and status updates;
mapping, routing, ETA calculation, and geolocation modules;
telematics and GPS data processing;
AI-powered voice bot calling or messaging functionality;
email, SMS, and notification systems;
data processing, analytics, and risk indicator modules;
support, onboarding, and administrative functionality; and
any other software, tools, features, or functionality made available by Load Market.

For the avoidance of doubt, the Services do not independently initiate, authorize, or control any tracking, telematics access, or ELD data retrieval. All tracking-related functionality is performed solely in response to Customer-initiated tracking requests and is conditioned upon explicit, manual approval by the applicable data-controlling party, including Driver approval for mobile-based tracking and Carrier approval for ELD-based tracking, as applicable.

“Customer” means any business entity or organization that enters into a directsubscription, billing, or contractual relationship with Load Market for use ofthe Services.
A Customer is the party that:
(a) creates and maintains an account with Load Market;
(b) accepts these Terms on its own behalf or on behalf of its Organization; and
(c) is financially responsible for payment of the Services.

For the avoidance of doubt:
• A Customer may include freight brokers, carriers, 3PLs, freight forwarders,  shippers, receivers, dispatch organizations, or a transportation management  system (TMS) only where such TMS has independently subscribed to the Services  and entered into a direct commercial relationship with Load Market.
• A transportation management system (TMS) or software platform that merely  integrates with the Services via API, without subscribing to or paying for the  Services, is not a Customer.

“Platform Customer” means a Customer that operates a software platform, transportation management system (TMS), marketplace, or other intermediary system and that enables or facilitates downstream access to the Services by its own users, clients, or customers under its account.

‍“Customer User” means any individual or entity that accesses or uses the Serviceson behalf of a Customer, including through an Integration Partner, under theCustomer’s account, authority, and responsibility.

‍“Organization” means the legal entity associated with a Customer account, including all its users, employees, contractors, sub-users, agents, and representatives.

‍“Driver” means an individual who installs or uses the LM Tracking mobileapplication or who responds to a tracking request.
A Driver is not a Customer and does not enter into a commercial or subscriptionrelationship with Load Market.

“Integration Partner” means any third-party software platform, including atransportation management system (TMS), that integrates with the Services viaAPI or other technical means, but does not enter into a subscription, billing,or contractual relationship with Load Market.
An Integration Partner:
• is not a Customer;
• does not accept these Terms on its own behalf;
• does not assume payment, consent, or compliance obligations toward Load Market;
• acts solely as a technical conduit through which a Customer or Customer User  may access the Services.

‍“Account Data” means Customer information including contact details, login credentials, billing information, roles, permissions, and any organizational settings.

‍“Telematics Provider” means any third-party electronic logging device (ELD) provider, telematics platform, fleet management system, vehicle data provider, or mobility data service, including without limitation providers of GPS, vehicle location, motion data, diagnostic signals, compliance-related data, or similar telematics-derived information, whether accessed via APIs, SDKs, data feeds, or other integration methods.

‍“Tracking Data” means all data generated, transmitted, processed, displayed, or otherwise handled through the Services in connection with shipment visibility or vehicle tracking, including without limitation GPS location data, telematics signals, motion data, timestamps, routing points, ETA estimates, mapping outputs, chat messages, uploaded shipment documents (including BOLs and PODs), fraud indicators, status updates, and related metadata, whether sourced from mobile devices, ELD systems, Telematics Providers, or other Third-Party Services.

‍“ELD Data” means any vehicle-level, device-level, asset-level, or fleet-level data obtained directly or indirectly from a Telematics Provider or Electronic Logging Device (ELD) platform, including without limitation GPS location, motion status, speed, heading, ignition events, odometer-related signals, timestamps, diagnostics, device identifiers, vehicle identifiers, driver-assignment signals, and any other telematics-derived data or metadata made available through a Telematics Provider’s systems or APIs, whether displayed in raw form or processed through the Services.

‍“ELD Integration” means any connection, API integration, OAuth authorization, token-based authorization, credential-based access, webhook, embedded integration, or other technical method through which the Services access, receive, process, transmit, display, or otherwise handle ELD Data from a Telematics Provider, including without limitation integrations with Samsara or any other Telematics Provider.

‍“ELD Provider Terms” means all terms, conditions, policies, developer terms, marketplace terms, API terms, data protection addenda, usage restrictions, security requirements, branding requirements, or other binding contractual or policy obligations imposed by a Telematics Provider (including without limitation Samsara) that govern access to, processing of, use of, disclosure of, or reliance upon ELD Data and/or any ELD Integration.

‍“ELD Credentials” means any API keys, OAuth tokens, refresh tokens, access tokens, credentials, secrets, login identifiers, certificates, authorization grants, or other authentication or authorization mechanisms used to enable, maintain, or access an ELD Integration or Telematics Provider system.

‍“ELD Security Incident” means any breach, compromise, misuse, misconfiguration, unauthorized access, unauthorized disclosure, loss, or security incident involving ELD Data, ELD Credentials, or Telematics Provider systems or data streams, to the extent such incident arises from, relates to, or is enabled by Customer authorization, Customer configuration, Customer credential handling practices, carrier actions, driver actions, or Telematics Provider systems, including without limitation incidents caused by compromised tokens, over-permissioned credentials, improper credential storage, or Customer-controlled downstream exposure.

“Third-Party Services” means all external systems, platforms, or serviceproviders used in connection with the Services, including without limitationELD providers, telematics platforms, mapping providers, SMS and email carriers,telecom networks, cloud hosting providers, AI communication services, operatingsystems, and other integrated third-party technologies.

“Third-Party Viewer” means any individual or entity that accesses or viewstracking data, ETA information, or shipment visibility through a shared trackinglink or similar access mechanism provided by or on behalf of a Customer.
A Third-Party Viewer:
• is not a Customer;
• is not a Customer User;
• is not a party to these Terms; and
• accesses the Services solely on behalf of, and under the responsibility of,  the applicable Customer.

‍“Marketing & Informational Materials” means any descriptive statements, product claims, screenshots, demos, website text, feature descriptions, or promotional material published by Load Market.

Customer acknowledges that Load Market is a technology provider only, and does not act as a broker, carrier, dispatcher, freight forwarder, or logistics provider in any capacity.

Any descriptive language appearing on the Load Market website or marketing materials is provided for general informational purposes only and does not constitute a warranty, guarantee, service level, or contractual obligation of any kind.

‍

2. Eligibility & Authority

To access or use the Services, Customer represents, warrants, and agrees that:

2.1. Minimum Age & Legal Capacity

Customer and all its users are at least 18 years old, legally competent, and fully able to enter into binding contracts

2.2. Industry Eligibility

Customer is a legitimate participant in the freight, logistics, transportation, or supply chain industry, including brokers, carriers, dispatch organizations, 3PLs, freight forwarders, shippers, receivers, or technology platforms acting in such capacity.
Customer is not using the Services for any unrelated, unauthorized, or prohibited purpose.

2.3. Authority to Bind an Organization

If using the Services on behalf of an organization, the individual accepting these Terms represents and warrants that they have full legal authority to bind that organization to this Agreement.
All actions taken within the organization’s account are deemed authorized and binding upon the organization.

2.4. Legal Compliance

Customer represents and warrants that it:

complies with all applicable federal, state, and local laws and regulations, including FMCSA, DOT, privacy laws, tracking-consent laws, data-processing rules, commercial codes, and international transportation laws;
is solely responsible for obtaining any required consents from Drivers or personnel;
will not use the Services for unlawful surveillance, unauthorized monitoring, harassment, discrimination, or violation of privacy rights.
For the avoidance of doubt, each time Customer (including any Platform Customer) initiates, submits, authorizes, or permits the initiation of a tracking request through the Services, such action constitutes a continuous and ongoing representation and warranty that all legally required consents, permissions, and authorizations have been properly obtained from the applicable Driver or recipient for all associated communications and data processing, including without limitation location tracking, data sharing, SMS messages, automated calls, AI-generated voice communications, notifications, and similar transmissions.
Sender of Record.
For all legal, regulatory, and compliance purposes, including without limitation telecommunications, privacy, and consumer protection laws, Customer (or the applicable Platform Customer) is the sole and exclusive sender and initiator of record for all SMS messages, automated calls, AI-generated voice communications, notifications, and other transmissions initiated through or enabled by the Services. Load Market acts solely as a technical service provider, processor, and communication conduit and does not initiate communications for its own purposes.
No Opt-Out or Unsubscribe Obligations.
Load Market has no obligation to provide opt-out, unsubscribe, do-not-contact, quiet hours, or similar mechanisms for any communications initiated by Customer, except to the extent expressly required by applicable law. All such legal, regulatory, and contractual obligations rest solely and exclusively with Customer or the applicable Platform Customer.
No Joint Sender or Shared Compliance Role.
Nothing in the Services, these Terms, or any technical configuration shall be construed as creating a joint sender, co-initiator, shared compliance role, agency relationship, or shared legal responsibility between Load Market and any Customer, Platform Customer, or Downstream User.

2.5. Accuracy of Information

Customer represents and warrants that:

all information provided during account creation and use of the Services is true, complete, and accurate;
any changes will be updated promptly;
Load Market has no obligation to verify Customer identity, credentials, licensing status, authority, or regulatory compliance.

2.6. No Use by Competitors

Customer agrees that it will not:

access the Services for competitive analysis;
build a competing product, feature, database, or service;
scrape, harvest, or export data for competitive purposes;
impersonate another organization or misrepresent its role in the freight industry.

2.7. Device & Account Responsibility

Customer is fully responsible for:

the security of all devices used to access the Services;
maintaining control over login credentials;
monitoring internal user activity;
all actions taken under its account, whether authorized or unauthorized.

2.8. Load Market shall have no liability for misuse, unauthorized access, internal fraud, or employee misconduct arising from Customer-controlled accounts, credentials, devices, permissions, or internal actions.

2.9. Driver-Specific Eligibility

Drivers represent and warrant that:

they are the actual operator of the equipment associated with the shipment;
they are using their own device or one they are authorized to use;
they have full authority to share their location and shipment data;
they are not using the App in violation of employer policies, broker agreements, lease agreements, or applicable regulations.

2.10. Right to Refuse Service

Load Market may, at any time and without liability, except as required by applicable law and subject to Section 18:

deny access to any Customer or Driver;
suspend or terminate accounts;
revoke permissions or restrict use of certain features;
request verification or additional documentation.

2.11. Load Market is under no obligation to provide a reason for any denial or termination.

2.12. Acknowledgment of Technology-Provider Role

Customer acknowledges that:

Load Market is a neutral technology provider only;
Load Market does not act as a broker, carrier, dispatcher, freight forwarder, or logistics provider;
nothing in Customer’s use of the Services creates such a relationship.

2.13. Platform Customers, TMS Providers & Downstream Users

Customer may be a technology platform, Transportation Management System (TMS), software provider, marketplace, or other intermediary system that accesses or uses the Services directly or via API integrations (“Platform Customer”).

A Platform Customer may enable, permit, or facilitate access to the Services by its own customers, users, clients, affiliates, contractors, or other third parties (“Downstream Users”), including the ability to initiate tracking requests, send communications, or display shipment-related information through the Platform Customer’s systems.

Customer acknowledges and agrees that:

all access to and use of the Services by Downstream Users occurs solely under the Platform Customer’s account and authority;
all actions taken by Downstream Users are deemed actions of the Customer for all purposes under these Terms;
All tracking requests initiated by or through Downstream Users, including in white-label, embedded, or reseller deployments, are deemed initiated by the Platform Customer for all legal, regulatory, and compliance purposes.
Customer is solely and exclusively responsible for the acts, omissions, compliance, consent, communications, data accuracy, and conduct of all Downstream Users;
Load Market has no direct contractual, commercial, or legal relationship with any Downstream User;
Load Market does not verify, authenticate, or validate the identity, authority, licensing, regulatory status, or business role of any Downstream User;
Load Market does not control how Platform Customers brand, label, name, or present tracking requests, sender names, or communications to Drivers or third parties.

Any sender name, company name, or identifying information displayed to Drivers or recipients in connection with a tracking request is provided solely by the Customer (including Platform Customers) and is transmitted by Load Market as a technical conduit only.

Nothing in the Services, including any Platform Customer configuration or downstream usage, shall be construed as creating any agency, partnership, endorsement, joint venture, employment, or representative relationship between Load Market and any Platform Customer, Downstream User, broker, carrier, shipper, or driver.

Customer assumes all liability and responsibility arising from Platform Customer use cases, downstream access, white-label or embedded deployments, and any communications or tracking requests initiated through the Customer’s systems, including any claims asserted by Drivers, regulators, or third parties.

3. Nature of Services

Load Market provides a neutral technology platform designed solely to facilitate the transmission of tracking information, communication, and system integrations between Customers, carriers, and drivers. The Services enable Customers to:

send tracking requests to drivers for mobile tracking and sending carrier authorization requests for ELD-based tracking,
receive shipment visibility, location signals, and status updates;
integrate with TMS, ELD, and other Third-Party Services;
exchange chat messages and upload or receive documents;
configure and deliver email or link-based shipment updates;
utilize mapping, routing, risk-indicator, or ETA tools for informational purposes only.

Load Market does not:

transport, dispatch, negotiate, arrange, schedule, broker, tender, manage, supervise, or execute freight;
provide routing instructions, operational guidance, or safety directives;
act as a carrier, broker, dispatcher, freight forwarder, 3PL, agent, contractor, or co-carrier;
participate in communications between shippers, receivers, brokers, carriers, or drivers regarding freight execution;
guarantee any shipment outcome, timing, routing accuracy, safety condition, labor performance, equipment operation, or delivery result.

All routing decisions, driving behaviors, safety compliance, equipment operation, communications with shippers or receivers, and all aspects of freight execution are exclusively between the Customer, the carrier, and the driver. Load Market has no role, responsibility, control, or involvement in any commercial, operational, regulatory, contractual, safety-related, or logistical aspect of any shipment.

Customer acknowledges and agrees that Load Market is a neutral technology provider only, and that all responsibilities, liabilities, and legal obligations regarding freight transportation rest solely with the Customer, the carrier, and/or the driver.

To the maximum extent permitted by law, Load Market disclaims all operational liability of any kind, and the Services are not intended to replace, influence, or modify any duty owed by carriers, brokers, shippers, receivers, or drivers under federal, state, provincial, or local laws.

4. Account Registration, Verification & Customer Responsibilities

To access the Services, Customer must submit a registration application through the Load Market website and provide current, complete, and accurate business information, including company name, business address, contact details, email, phone number, MC and USDOT numbers, and any documents requested except where not applicable (e.g., for technology platforms or non-carrier Customers)

4.1 Manual Review Process

Load Market may perform a manual review of registration applications for informational purposes only. Customer acknowledges and agrees that:

Load Market’s review is informational only,
Load Market does not authenticate documents,
Load Market does not guarantee the legitimacy, identity, authority, or intentions of any applicant,
Load Market may approve accounts that later prove to be fraudulent, misrepresented, or unauthorized,
Load Market bears to the maximum extent permitted by applicable law liability for any false, fraudulent, inaccurate, or misleading information submitted by any Customer.

Approval of an application does not constitute confirmation of legal authority, safety compliance, insurance validity, business legitimacy, or identity verification.

Customer assumes all risks associated with interacting with any other Customer or Driver on the platform.

4.2 Accuracy of Information

Customer represents and warrants that all information and documents submitted—including business credentials, uploaded materials, and identity-related data—are true, accurate, and not fraudulent.

Customer agrees to immediately update Load Market if any information changes.

Load Market has no obligation to verify updated information.

4.3 No Guarantee of Identity, Legitimacy, or Authority

Load Market expressly disclaims all responsibility for:

authenticity of authority, COI or other uploaded documents,
correctness of MC/USDOT information,
impersonation or identity fraud by Customers or Drivers,
use of false or stolen personal or business information,
unauthorized individuals signing up on behalf of a company.

Customer acknowledges that fraudulent actors may attempt to use the Services, and Load Market has no liability for approving, denying, or failing to detect such registration attempts.

All due diligence, vetting, and trust decisions among brokers, carriers, shippers, and drivers remain solely the responsibility of those parties, not Load Market.

4.4 Account Security & Credentials

Customer is solely responsible for:

maintaining the confidentiality of login credentials,
limiting access to authorized personnel,
ensuring that each user has unique credentials,
all activity performed on or through its account, whether authorized or unauthorized.

Load Market is not liable for unauthorized access caused by Customer negligence, compromised devices, weak passwords, shared logins, phishing, malware, or any third-party breach.

4.5 Verification Requests & Compliance Reviews

Load Market may, at its sole discretion:

request additional documentation (e.g., driver lists, authority letters, insurance proofs),
require identity confirmation of Customer personnel,
suspend or revoke access pending verification,
deny approval for any reason or no reason.

Customer agrees to fully cooperate.

Load Market has no obligation to continue verification or monitoring after initial approval.

4.6 Responsibility for Sub-Users and Internal Actions

All actions taken under the Customer’s account - whether performed by employees, contractors, agents, drivers, sub-users, or any other individual to whom the Customer provides access - are deemed actions of the Customer.

The Customer bears sole and exclusive responsibility for:

internal misuse, mishandling, or unauthorized disclosure of tracking data;
monitoring, managing, and controlling internal access to the Services;
any unauthorized or improper actions taken by its staff, agents, or sub-users;
assigning, modifying, and revoking permissions and account roles;
fraud, misconduct, negligence, or unlawful activity committed by its personnel;
failure to supervise, train, or control sub-users or anyone acting under the Customer’s account.

Load Market has no obligation to monitor Customer’s users and no liability for any internal behavior, misuse, access, or actions occurring within Customer’s organization.

4.7 No Duty to Monitor Accounts

Load Market has no duty to:

monitor Customer accounts,
detect fraudulent information,
confirm identity or authority of users,
police compliance with Customer’s internal policies.

Customer assumes full responsibility for its own user management and internal controls.

4.8 Technical Records; No Consent Verification

Load Market may maintain technical records identifying the account, user, timestamp, destination, and method associated with tracking requests solely for security, dispute resolution, billing, abuse prevention, and enforcement of these Terms. Such records do not constitute verification, confirmation, or documentation of consent and do not create any duty or obligation on Load Market to investigate, validate, or monitor consent practices.

5. Acceptable Use

Customer agrees to use the Services exclusively for lawful freight-related business purposes and in full compliance with these Terms and all applicable laws.
Customer shall not, and shall not permit any employee, agent, contractor, driver, or third party to:

5.1 Prohibited Conduct

attempt to gain unauthorized access to any Load Market account, system, data, or infrastructure;
bypass, disable, or interfere with any security mechanism or access control;
copy, scrape, harvest, export, or index any portion of the Services or underlying data;
reverse-engineer, decompile, disassemble, or attempt to derive source code from any component of the Services;
use bots, automation scripts, crawlers, or third-party tools to access the Services (unless explicitly permitted by formal API documentation);
upload, transmit, or distribute malware, viruses, worms, spyware, ransomware, or any harmful code;
impersonate any person or entity, or misrepresent affiliation with any organization;
misuse the Services to harass, defraud, deceive, or harm any person or entity;
interfere with the operation, performance, or integrity of the Services or their infrastructure;
use the Services for any unlawful, fraudulent, deceptive, or unauthorized purpose;
attempt to access, upload, or modify data belonging to another Customer without explicit permission;
resell, sublicense, lease, or otherwise distribute access to the Services without Load Market’s prior written approval.

5.2 Customer Responsibility for User Behavior

Customer is solely responsible for:

all actions taken through its account or sub-accounts,
actions of its employees, agents, contractors, drivers, or partners,
sharing of tracking links or access credentials with third parties,
any misuse of the Services by parties to whom Customer grants access.

Load Market does not supervise Customer’s internal access management and shall have no responsibility for:

internal fraud or misconduct,
unauthorized access permitted by Customer,
misdirected tracking requests,
misuse of location or shipment data by Customer’s partners, staff, or drivers.

5.3 Limitation of Liability for Harm Caused by Other Users

To the maximum extent permitted by applicable law, Customer expressly understands and agrees that Load Market bears no responsibility or liability of any kind for damages, losses, disputes, or harm caused to Customer by any other user, Customer, driver, broker, carrier, shipper, receiver, or third party, including without limitation where such harm arises from:

the identity, legitimacy, compliance, intentions, or conduct of any Customer, driver, or external party who interacts with Customer through the Services;
fraudulent, negligent, deceptive, harmful, defamatory, harassing, unsafe, unprofessional, or unlawful conduct by any user or third party;
reliance on information, representations, communications, or data provided by another Customer, driver, or third party; or
the use, misuse, disclosure, or reliance upon tracking data, driver location information, shared documents, chat messages, or shipment information by any party other than Load Market.

Customer expressly waives any claim against Load Market arising from or relating to:

reliance on information provided by another Customer or driver;
communication or interaction with another user;
actions of third parties to whom Customer or its partners shared tracking links or access; and
operational, financial, commercial, regulatory, or legal losses caused by other users or anyone outside Load Market’s control.

5.4 Monitoring and Enforcement

Load Market may, but is not obligated to:

monitor usage for security and abuse;
investigate violations;
restrict or suspend access for any violation, risk, or suspicious activity;
take any action deemed necessary to protect the integrity of the Services.

Load Market is not responsible for failures to detect or prevent violations.

6. Drivers & Mobile App Use

The following provisions apply to all Drivers who install, access, or use the LM Tracking mobile application (the “App”), as well as any individuals who receive tracking links, SMS verification codes, or AI-initiated calls associated with Customer-initiated tracking requests. These obligations and waivers are in addition to all other applicable sections of these Terms.

6.1 Driver Eligibility & Representations

By installing, accessing, or using the App, the Driver represents and warrants that:

the Driver is at least 18 years old and legally competent;
the Driver is the actual driver of the equipment associated with the shipment being tracked;
the Driver has not been suspended or removed from the App previously;
the Driver’s use of the App complies with all applicable federal, state, and local laws, including motor-vehicle and privacy regulations;
if using the App on behalf of a carrier or company, the accepting individual has full authority to bind the organization;

If any representation is false, the Driver is strictly prohibited from using the App.
Load Market assumes no obligation to verify any representation.

6.1.1 Phone Number Classification Disclaimer

Load Market does not verify the identity, ownership, or consent of any individual associated with Customer-submitted phone numbers.
Load Market performs only a third-party, automated phone-number classification check (e.g., mobile, VoIP, invalid) for technical routing purposes.

This automated check:

does not confirm that the number belongs to the Driver,
does not confirm that the person associated with the number has provided consent,
does not verify the accuracy, legitimacy, or authenticity of any Customer-submitted contact information,
does not impose any duty on Load Market to investigate, validate, or correct Customer-submitted information,
does not guarantee correctness, reliability, completeness, or timeliness of number classification provided by third-party services.

Accordingly, Load Market shall have no liability, except as required by applicable law and subject to the limitations of liability set forth in Section 18, for:

tracking links, messages, verification SMS codes, or AI bot calls sent to incorrect, fraudulent, spoofed, reassigned, or non-driver numbers;
Customer typos, outdated data, internal database errors, or misdirected tracking requests;
any privacy, TCPA, or consent-related consequences arising from Customer-initiated contact attempts;
unintended disclosure of tracking information due to incorrect phone numbers provided by the Customer.

All responsibility for providing correct phone numbers, verifying driver identity, and obtaining legally required consent lies solely with the Customer.

6.1.2 Customer-Authorized Driver Support Communications

Customer-Requested Support Contact.
Customer may, at its sole discretion, request that Load Market’s support personnel attempt to contact a Driver for the limited and sole purpose of providing technical assistance related to installation, access, or basic use of the LM Tracking mobile application, only in connection with a Customer-initiated tracking request.

No Verification; No Consent Confirmation.
Customer expressly acknowledges and agrees that Load Market:

does not verify Driver identity, phone number ownership, employment status, or authority;
does not verify, confirm, or document Driver consent for voice calls or communications;
relies entirely on Customer’s representations regarding consent and authorization.

Customer Responsibility for Consent & Compliance.
Customer represents, warrants, and agrees that it has obtained all legally required consents, permissions, and authorizations from the Driver for any such support contact, including compliance with TCPA, privacy, data protection, telecommunications, and local laws.
Customer assumes full responsibility and liability for any claims, disputes, penalties, fines, or damages arising from such contact.

No Obligation; Discretionary Contact Only.
Load Market has no obligation to initiate or complete any support contact and may decline, limit, record, delay, or terminate any such communication at its sole discretion, for any reason or no reason.

No Operational Role; No Agency.
Any support contact is provided solely as a technical courtesy, does not constitute operational coordination, dispatching, onboarding, or supervision of Drivers, and does not create any agency, employment, or representative relationship between Load Market and any Driver.

Driver Not Required to Engage.
Drivers are under no obligation to answer, respond to, or engage in any support communication, and any refusal, non-response, or termination of communication shall immediately end such contact.

Limitation of Liability.
To the maximum extent permitted by applicable law, Load Market shall have no liability, except as required by non-waivable applicable law and subject to the limitations of liability set forth in Section 18, for any consequences arising from or related to Customer-requested Driver support contact, including but not limited to privacy claims, TCPA claims, incorrect numbers, misdirected calls, failed installation, delays, or non-participation by the Driver.

6.1.3 Customer-Provided AI Call Scripts & Automated Communications

Customer-Controlled Communication Content
Customer may, at its sole discretion, create, customize, modify, or provide the content of automated voice calls, AI-generated call scripts, SMS messages, prerecorded messages, or other automated communications (collectively, “Customer-Provided Communications”) delivered to Drivers through the Services.

No Review, Approval, or Endorsement by Load Market
Customer expressly acknowledges and agrees that Load Market:

does not review, approve, validate, edit, monitor, or endorse any Customer-Provided Communications;
does not evaluate the accuracy, legality, tone, implications, or truthfulness of any such content;
does not confirm or verify any statements relating to booking status, shipment assignment, payment, operational requirements, tracking obligations, or continuation of work;
does not determine whether any Customer-Provided Communication is misleading, coercive, incomplete, or compliant with applicable law.

Automated Content Filtering
Load Market may apply automated, keyword-based technical filtering mechanisms solely to block communications containing profanity, hate speech, or abusive language.

Customer acknowledges and agrees that:

such filtering is purely technical in nature;
no human review is performed;
no contextual, factual, or legal analysis is conducted;
filtering does not constitute approval, endorsement, moderation, or control of Customer-Provided Communications.

Customer Responsibility for Compliance and Consent
Customer is solely and exclusively responsible for:

the content, accuracy, tone, and legality of all Customer-Provided Communications;
ensuring compliance with all applicable federal, state, local, and international laws, including without limitation TCPA, privacy, consumer protection, and telecommunications regulations;
obtaining, documenting, and maintaining all legally required consents, permissions, and authorizations from Drivers or other recipients;
ensuring that communications do not misrepresent Load Market’s role, create false urgency, imply booking confirmation, or unlawfully condition payment or work on tracking acceptance.

Risk Allocation and Indemnification
Customer assumes all risk and liability arising from or related to Customer-Provided Communications.
Any claims, disputes, investigations, penalties, fines, damages, or regulatory actions arising from such communications shall be fully subject to Customer’s indemnification obligations under Section 19 of these Terms.

6.2 Consent to Location Collection & Disclosure

Load Market may technically collect, process, transmit, and display the Driver’s mobile device telephone number, identity, and geolocation (“Driver Location Data”) strictly as a technology service provider and data processor, and not as an independent data controller;

• Load Market may disclose Driver Location Data exclusively to such Customer and to any recipient, system, person, or party designated or authorized by that Customer, in accordance with the Customer’s instructions and configuration;
• the Driver acknowledges and agrees that Load Market does not determine the purposes, recipients, duration, or manner of use of Driver Location Data, and does not control, monitor, supervise, restrict, or limit how any Customer, broker, carrier, shipper, receiver, or third party uses Driver Location Data once disclosed;
• the Driver acknowledges and agrees that all decisions regarding disclosure and use of Driver Location Data are made solely by the Customer, and not by Load Market;
• the Driver waives, to the maximum extent permitted by applicable law, any and all claims against Load Market arising from or related to Customer-directed disclosure, sharing, or use of Driver Location Data.

Load Market does not independently determine recipients of Driver Location Data and shall have no liability, except as required by applicable law and subject to the limitations of liability set forth in Section 18, for any third-party use, misuse, redistribution, storage, or disclosure of Driver Location Data.

The Driver expressly understands and agrees that Customer instructions, authorizations, and configurations govern all collection, processing, sharing, and disclosure of Driver Location Data, and not Load Market.

6.3 Tracking Initiation, Consent, and Driver Control

Load Market will never initiate tracking of a Driver or device without explicit Driver action.

Tracking begins only when:

a Customer sends a tracking request; and
the Driver manually accepts that request inside the App.

Before acceptance, the Driver is shown:

the sender’s name,
company
email address,
requested tracking duration.

By accepting a request, the Driver grants:

Load Market permission to access location services on the device;
all Customers involved with the shipment permission to view Driver Location Data;
Customers the right to further share Driver Location Data with brokers, 3PLs, freight forwarders, shippers, receivers, consignees, or any other third party for shipment-related purposes;
permission for Driver Location Data to be visible both within and outside the Load Market network.

Load Market shall have no liability, except as required by applicable law and subject to Section 18, for any use or distribution of Driver Location Data once accepted.

The Driver may at any time:

pause tracking,
resume tracking,
log out of the App,
uninstall the App, or
delete the Driver account entirely.

Any such action immediately stops location transmission.

6.4 No Use While Driving

The Driver agrees not to interact with the App in any way while operating a motor vehicle.

The Driver acknowledges that:

using a mobile device while driving is inherently dangerous and may violate federal, state, or local laws;
the Driver is fully and solely responsible for safe operation of the vehicle;
Load Market shall have no liability except as expressly required by non-waivable applicable law, and in all cases subject to the limitations set forth in Section 18 for accidents, injuries, property damage, cargo loss, citations, penalties, delays, or legal consequences arising from Driver use of the App while driving;
violation of this policy may result in suspension or termination of Driver access.

Load Market does not supervise driver behavior and assumes no duty beyond implementing reasonable technical and organizational measures within its own systems.

6.5 Scope of Driver Responsibility

The Driver is solely responsible for:

accuracy of device location services;
ensuring the device is powered, connected, and functional;
ensuring the correct device is associated with the shipment;
any SMS, data, roaming, or telecom charges;
compliance with DOT, FMCSA, and all applicable regulations relating to mobile-device use.

Load Market does not verify or guarantee:

that the Driver is the person operating the vehicle;
that the device is physically present with the vehicle;
the correctness, precision, or timeliness of Driver Location Data;
the reliability of GPS, network, OS, or telecom performance.

6.6 Limitation of Liability Toward Drivers

To the maximum extent permitted by law, the Driver agrees that Load Market:

shall have no liability, except as required by non-waivable applicable law and subject to the limitations set forth in Section 18, for any damages, losses, injuries, penalties, citations, operational consequences, or privacy complaints related to the Driver’s use or non-use of the App;
is not responsible for any actions taken by brokers, carriers, shippers, receivers, consignees, or any person who receives Driver Location Data;
is not responsible for fraudulent, incorrect, spoofed, or misdirected tracking requests initiated by Customers;
does not guarantee the App will function, transmit, or remain available at all times;
is not responsible for GPS, device, telecom, OS, network, or environmental limitations;
does not provide safety advice and has no obligation to warn, instruct, or protect Drivers.

The Driver uses the App at their own risk, subject to the limitations of liability set forth in these Terms.

6.7 Termination of Driver Access

Load Market may, at its sole discretion and without notice:

suspend or terminate Driver access;
disable tracking functionality;
block or remove accounts for safety, compliance, or suspected misuse.

Load Market has no obligation to provide explanation, reinstatement, or appeal rights.

6.8 Summary of Driver Obligations and Waivers

By using the App, the Driver:

waives any privacy claim, to the maximum extent permitted by applicable law, against Load Market related to Customer-initiated sharing of Driver Location Data;
waives all claims arising from use of the App while driving;
accepts all legal, physical, operational, and commercial risks associated with mobile-device usage;
agrees that Load Market’s liability is limited as expressly set forth in these Terms;
acknowledges that all legal compliance, consent, accuracy, and operational responsibilities rest solely with the Customer and/or the Driver, never Load Market.

6.9 Phone Number Requirements and Global Location Visibility

6.9.1 North American Phone Number Requirement

Tracking requests may only be initiated for Drivers using a mobile phone number with a United States or Canadian country code (+1) in the standard North American Numbering Plan format (e.g., (XXX) XXX-XXXX or +1XXXXXXXXXX).
Load Market reserves the right, in its sole discretion, to reject, block, suspend, or cancel any tracking request associated with a phone number that does not meet this requirement.
Customer acknowledges and agrees that it is solely responsible for verifying that any phone number submitted for tracking purposes complies with this requirement.
Load Market bears no liability for any failed, delayed, misdirected, rejected, or incomplete tracking requests resulting from non-compliant, incorrect, reassigned, or invalid phone numbers.

6.9.2 Global Location Visibility Upon App Installation and Acceptance

By installing the LM Tracking mobile application and manually accepting a tracking request, the Driver expressly acknowledges and consents to the collection, processing, transmission, and display of the device’s geolocation data regardless of the Driver’s physical location worldwide.

Once tracking is activated, Driver Location Data may be processed, transmitted, stored, and displayed to the requesting Customer and any authorized third parties, even if the Driver, vehicle, or device is located outside the United States or Canada.

The Driver expressly acknowledges and agrees that:
(a) location data collection and sharing will continue for the duration of the accepted tracking request, irrespective of international borders or jurisdictions;
(b) the Driver is solely responsible, to the extent applicable, for compliance with any local laws, regulations, or carrier policies governing location sharing in any country where the Driver travels or operates; and
(c) Load Market has no obligation to restrict, localize, geo-fence, limit, or terminate location collection or display based on the Driver’s geographic location outside North America.

To the maximum extent permitted by applicable law, Load Market shall have no liability, except as required by applicable law and subject to the limitations set forth in these Terms, arising from or related to the cross-border collection, processing, transmission, or display of Driver Location Data in any jurisdiction worldwide.

7. ELD Tracking (Electronic Logging Device Integration)

7.1 ELD Integration Scope

The Services may allow Customers to access vehicle location and movement data through integrations with third-party Electronic Logging Device (“ELD”) platforms.
Customer acknowledges and agrees that:

Load Market integrates with ELD platforms solely via third-party APIs;
Load Market does not own, operate, manage, or control any ELD hardware, firmware, software, or platform;
All ELD data displayed within the Services is received “as-is” from the ELD provider and is merely relayed, displayed, or processed for convenience.

Load Market does not generate, modify, enrich, correct, or validate ELD data.

7.2 Carrier Authorization & Customer Responsibility

To use ELD-based tracking, Customer acknowledges and agrees that:

The carrier (or its authorized representative) must explicitly authorize Load Market to access ELD data;
Valid API credentials, tokens, or permissions must be generated and maintained by the carrier or ELD provider;
Each ELD integration depends on ongoing authorization and technical availability of the ELD platform.

Customer is solely responsible for:

ensuring that the carrier has lawful authority to grant ELD access;
maintaining valid and current ELD credentials;
confirming that ELD access remains authorized for the relevant vehicle.

Load Market does not verify carrier authority, identity, employment relationships, or internal approvals.

7.3 No Verification of Accuracy or Completeness

Customer expressly acknowledges that:

ELD data may be delayed, incomplete, inaccurate, stale, spoofed, manipulated, interrupted, or unavailable;
GPS, cellular, satellite, environmental, device, and network limitations may affect data quality;
Data accuracy depends entirely on third-party ELD providers, hardware condition, and carrier configuration.

Load Market:

does not guarantee accuracy, timeliness, completeness, or reliability of any ELD data;
does not monitor, audit, or certify ELD data quality;
shall have no liability, except as required by applicable law and subject to the limitations of liability set forth in Section 18, for errors, gaps, or inconsistencies in ELD data.

7.4 Vehicle-Level Tracking Disclaimer (No Shipment Association)

Customer acknowledges and agrees that:

ELD-based tracking reflects vehicle-level or device-level location data only, not shipment-specific, load-specific, cargo-specific, or trailer-specific information;
Load Market does not know, verify, or determine what freight, cargo, trailer, or shipment is physically present in any truck, tractor, or trailer at any given time;
Load Market does not validate whether a tracked vehicle is:

carrying the Customer’s shipment,
hauling a different load,
repositioning equipment,
operating empty (deadhead), or
assigned to another broker, shipper, or carrier operation.

Any association between ELD location data and a specific shipment is made solely by the Customer, at Customer’s own risk.
‍
Carrier authorization to share ELD data:

does not represent or guarantee shipment accuracy;
does not confirm load assignment;
does not imply exclusivity of vehicle use for a particular Customer or shipment.

Load Market shall have no liability, except as required by applicable law and subject to the limitations of liability set forth in Section 18, for:

tracking a vehicle hauling a different shipment;
tracking a vehicle assigned to multiple loads;
mismatches between ELD data and actual freight movement;
business, operational, financial, billing, detention, or legal decisions based on ELD assumptions.

7.5 No Operational or Compliance Responsibility

Customer acknowledges that Load Market:

does not supervise drivers or carriers;
does not manage dispatching, routing, or equipment assignment;
does not ensure compliance with FMCSA, DOT, or any transportation regulations;
does not provide legal, safety, or compliance advice related to ELD usage.

All compliance obligations remain exclusively with the carrier, driver, and Customer.

7.6 Limitation of Liability for ELD Tracking

To the maximum extent permitted by law, Load Market shall have no liability, except as required by applicable law and subject to Section 18 for any damages, losses, disputes, penalties, citations, operational impacts, or claims arising from:

use or inability to use ELD-based tracking;
incorrect assumptions regarding shipment location;
reliance on ELD data for business decisions;
third-party ELD platform failures;
unauthorized, revoked, or expired ELD access.

Customer agrees that any reliance on ELD data is entirely at Customer’s own risk, and that the Services would not be economically feasible without this limitation.

7.7 ELD Integrations - Customer as Sole Controller; Authorization; Compliance; Indemnity; No Link Sharing

7.7.1 Customer Is Sole Controller; Load Market Acts Only as Technical Processor and Conduit

Customer expressly acknowledges and agrees that, with respect to any ELD Integration and all ELD Data:
(a) Customer is the sole and exclusive data controller (and/or business entity legally responsible) for determining the purposes and means of processing, disclosure, use, sharing, retention, and lawful basis for processing of ELD Data;
(b) Load Market acts solely as a technical service provider, processor, and communication conduit that processes ELD Data strictly on behalf of Customer and strictly in reliance on Customer’s instructions, authorizations, and representations;
(c) Load Market does not independently determine the recipients, purposes, or lawful bases for Customer’s processing or sharing of ELD Data and does not act as a joint controller, co-controller, partner, agent, or representative of Customer with respect to ELD Data; and
(d) Customer assumes full and exclusive legal responsibility for compliance with all applicable laws, contracts, and obligations relating to ELD Data and any ELD Integration

7.7.2 Customer Representations and Warranties Regarding Authorization and Consent

Each time Customer enables, configures, authorizes, maintains, or uses an ELD Integration (including each time Customer connects to a Telematics Provider, refreshes a token, accesses ELD Data, or views/exports ELD Data), Customer represents, warrants, and covenants that:
(a) Customer has obtained, and will maintain, all required rights, permissions, authorizations, lawful bases, disclosures, and consents necessary to access, receive, process, transmit, display, store, and share ELD Data via the Services, including without limitation any required carrier approvals, driver disclosures, employment-related consents, and privacy or telecommunications consents;
(b) Customer has lawful authority (either directly or through the applicable carrier) to grant Load Market access to ELD Data and to instruct Load Market to process ELD Data on Customer’s behalf;
(c) Customer’s use of ELD Data through the Services will not violate any third-party rights, including privacy, employment, labor, confidentiality, contractual, or statutory rights;
(d) Customer will not use the Services or any ELD Integration for unlawful surveillance, unauthorized monitoring, harassment, discrimination, or any purpose unrelated to legitimate shipment visibility and freight-related business operations; and
(e) all information, identifiers, carrier details, vehicle identifiers, and credentials provided or selected by Customer in connection with an ELD Integration are accurate, current, and authorized for the intended use.

7.7.3. Reliance on Customer Representations.

Without limiting any other provision of these Terms (including Sections 7.7 and 10.10), Customer expressly acknowledges and agrees that any representation, warranty, certification, statement, assurance, or commitment made by Load Market to any Telematics Provider, ELD platform, integration partner, or third party (including without limitation Samsara) regarding lawful access, authorization, consent, disclosure, data protection compliance, or permitted use of ELD Data or other Telematics Data is made strictly and exclusively in reliance upon Customer’s representations, warranties, covenants, and obligations under these Terms, and without any independent verification, validation, or investigation by Load Market.
Customer assumes full and exclusive responsibility and liability for the accuracy, completeness, sufficiency, and ongoing validity of such representations and agrees to defend, indemnify, and hold harmless Load Market from and against any claim, demand, investigation, penalty, fine, loss, liability, or expense arising from or relating to, to the extent caused by, any inaccuracy, insufficiency, or breach thereof.

7.7.4 Compliance With Telematics Provider Requirements

Customer expressly agrees that Customer is solely responsible for ensuring that Customer’s use of any ELD Integration complies with all applicable ELD Provider Terms. Without limiting the foregoing:
(a) Customer is solely responsible for reviewing, accepting, and complying with ELD Provider Terms (including any usage restrictions, data handling obligations, security requirements, retention restrictions, and downstream disclosure rules);
(b) Load Market does not provide legal advice, compliance advice, or certification regarding ELD Provider Terms, and Load Market does not verify that Customer’s use complies with such terms;
(c) any reliance by Customer on the Services in connection with ELD Provider Terms is at Customer’s sole risk; and
(d) Customer shall not configure or use any ELD Integration in any manner that would cause Load Market to breach ELD Provider Terms due to Customer’s acts, omissions, misconfigurations, or instructions.For the avoidance of doubt, Load Market’s technical enablement of any ELD-based functionality does not constitute, imply, or expand any authorization granted by a Telematics Provider, and such provider’s written authorization shall control in all cases.

7.7.5 ELD Credentials - Customer Responsibility; No Liability for Credential Misuse

Customer is solely responsible for generating, obtaining, securing, maintaining, rotating, revoking, and properly storing all ELD Credentials used for any ELD Integration, whether such credentials are issued by the carrier, the Telematics Provider, or Customer’s own systems. Customer acknowledges and agrees that:
(a) compromise, leakage, theft, or misuse of ELD Credentials may result in unauthorized access to ELD Data;
(b) Load Market has no duty to validate the scope, correctness, or authorization of any credentials or tokens provided or used by Customer; and
(c) Load Market shall have no liability, except as required by applicable law and subject to the limitations of liability set forth in Section 18, for unauthorized access, over-broad access, or improper access resulting from Customer-controlled credentials, Customer credential storage practices, Customer misconfiguration, or third-party compromise of Customer systems.

7.7.6 No Commingling That Prevents Deletion; Customer Configuration Restrictions

Customer shall not request, configure, or require any ELD Integration, data flow, export, aggregation, transformation, storage, or downstream processing in a manner that would prevent, materially impair, or unreasonably delay Load Market’s ability to delete, segregate, or cease processing ELD Data or Telematics Provider Data when required due to revocation of authorization, termination of an integration, expiration of credentials, legal or regulatory request, or applicable ELD Provider Terms.

Without limiting the foregoing, Customer shall not configure any integration or downstream system in a manner that causes ELD Data or Telematics Provider Data to be irreversibly merged, anonymized beyond reversibility, aggregated beyond reasonable separation, or otherwise commingled with non-ELD data such that selective deletion or isolation of Telematics Provider data is not technically feasible.

7.7.7 No Representation to Telematics Providers.

Load Market does not make, and expressly disclaims, any representation, warranty, certification, or assurance to any Telematics Provider (including any ELD provider) regarding Customer’s authorization scope, lawful use of ELD Data, or downstream disclosure of such data. Load Market’s Services operate solely based on Customer-provided instructions and representations and shall not be construed as verification, endorsement, or expansion of any authorization granted by a Telematics Provider.

7.7.8 No Shipment-Level Verification; Vehicle-Level Data Only; Customer Bears All Association Risk

Customer acknowledges and agrees that ELD Data is vehicle-level or device-level data and does not inherently establish, verify, or prove:
(a) that any specific shipment, load, trailer, cargo, or freight item is present in the vehicle;
(b) that the vehicle is hauling Customer’s shipment versus another shipment;
(c) that the vehicle is not deadheading, repositioning, operating empty, or operating under another assignment; or
(d) that the driver assignment reflected in a Telematics Provider system is current, accurate, authorized, or associated with a particular shipment.
Any association between ELD Data and a shipment is made solely by Customer, at Customer’s sole risk, and Load Market shall have no liability, except as required by applicable law and subject to the limitations of liability set forth in Section 18, for any mismatch, incorrect assumption, or business decision based on such association.

7.7.9 No Live Tracking Links or Bearer-Link Sharing for ELD Data (Feature Restriction)

Customer expressly acknowledges and agrees that, for ELD-based tracking:
(a) the Services do not permit and do not support sharing ELD Data via bearer-access links, Live Tracking Links, public URLs, unauthenticated tracking pages, or similar link-based disclosure mechanisms;
(b) visibility of ELD Data is limited to authenticated Customer users and authorized system-to-system transmissions expressly supported and controlled by the Services (e.g., API, webhook, integration) where access control is governed by Customer’s credentials and configuration; and
(c) Customer is solely responsible for restricting access to ELD Data within its organization and across any downstream systems, including configuring least-privilege permissions, ensuring appropriate access controls, and preventing unauthorized downstream distribution.

7.7.10 No Sublicense; Load Market as Sole Telematics Developer; Output-Only Access

Customer expressly acknowledges and agrees that, with respect to any ELD Integration or Telematics Provider integration (including integrations with Motive Technologies, Inc. or any other Telematics Provider):
‍(a) Load Market is the sole developer, licensee, and authorized user of any Telematics Provider APIs, SDKs, credentials, documentation, or related technology used in connection with the Services.
‍(b) No sublicense or pass-through rights.
Customer receives access solely to the Load Market Services and does not receive, and is not granted, any license or sublicense to any Telematics Provider API, software, data feed, documentation, or underlying system, whether expressly, impliedly, or by estoppel.
‍(c) No direct or indirect API access.
Customer shall not access, attempt to access, or use any Telematics Provider system or API directly, and shall not request, require, or expect Load Market to provide any API keys, OAuth tokens, credentials, secrets, certificates, or other access mechanisms associated with any Telematics Provider.
‍(d) Output-only use; no redistribution.
Any ELD Data or Telematics Data made available through the Services is provided solely as an output of the Load Market platform, viewable only within the Load Market user interface or through Load Market-controlled system-to-system outputs expressly supported by the Services. Customer shall not extract, export, sublicense, resell, publish, redistribute, or otherwise make available such data or outputs to any third party except as expressly permitted under applicable ELD Provider Terms and any separate written approval issued by the applicable Telematics Provider. Such outputs do not permit recipients to request, refresh, poll, or independently retrieve updated ELD Data or Telematics Data outside the Services.
‍(e) No representation of provider authorization.
Customer shall not represent or imply to any carrier, shipper, broker, receiver, downstream user, or third party that Customer is authorized to access, use, or sublicense any Telematics Provider system, API, or data except through the Load Market Services as expressly permitted under these Terms.

7.7.11 ELD Security Incidents — Allocation of Responsibility and Costs

Customer acknowledges and agrees that any ELD Security Incident (including any incident involving ELD Credentials, Customer configurations, carrier authorizations, or Telematics Provider access) may create legal, regulatory, contractual, operational, and reputational risk. To the maximum extent permitted by law:
(a) Customer is solely responsible for preventing ELD Security Incidents that arise from Customer’s credential handling, configuration, authorization practices, downstream exposure, or internal access controls;
(b) Customer shall be solely responsible, at its own expense, for investigation, mitigation, remediation, regulatory reporting, breach notifications, and any other legally required actions relating to any ELD Security Incident to the extent caused by or attributable to Customer systems, Customer credentials, Customer misconfiguration, carrier actions, driver actions, or Telematics Provider systems;
(c) Load Market may, at its sole discretion and subject to availability, provide reasonable cooperation in connection with an ELD Security Incident, but such cooperation shall not create any duty of care or any acceptance of liability by Load Market; and
(d) Customer shall reimburse Load Market for any reasonable costs incurred by Load Market in responding to, investigating, supporting, or mitigating an ELD Security Incident to the extent the incident arises from Customer’s acts, omissions, credentials, configurations, or authorizations.

Nothing in this Section shall be construed as an assumption of responsibility for security incidents outside Load Market’s direct systems.

7.7.12 Telematics Provider Audits; Compliance Evidence; Customer Cooperation and Cost Allocation

Telematics Provider Audit and Compliance Requests.
Customer acknowledges that one or more Telematics Providers may require Load Market to provide reasonable information, documentation, certifications, questionnaires, or third-party audit reports (including, without limitation, SOC 2, ISO 27001, or similar security or compliance materials) in connection with Load Market’s integration with such Telematics Provider.
‍
‍Conditional cooperation.
Load Market may reasonably cooperate with such requests to the extent required by applicable Telematics Provider Terms and subject to Load Market’s confidentiality, security, and legal obligations. Load Market shall not be required to disclose proprietary information, source code, or internal materials beyond what is reasonably necessary.

‍Customer-triggered requests; cost allocation.
To the extent that any such audit, assessment, certification request, or compliance inquiry is initiated, required, or materially expanded due to Customer’s requested integration, configuration, use-case, downstream sharing, or deviation from standard Service configurations, Customer shall promptly reimburse Load Market for all reasonable out-of-pocket costs incurred in responding to such request, including without limitation third-party audit fees, assessor costs, consultant fees, documentation preparation costs, and internal labor.

‍No general audit obligation.
Nothing in these Terms shall be construed to require Load Market to undergo recurring, customer-specific, or unlimited audits, or to obtain or maintain any specific certification, except to the extent expressly required by applicable law or Telematics Provider Terms.

7.7.13 Right to Suspend or Disable ELD Integration; Limitation of Liability

Load Market may, at any time and without liability, except as required by applicable law and subject to Section 18, suspend, restrict, disable, or terminate any ELD Integration (including access to ELD Data) for any reason or no reason, including without limitation where Load Market reasonably determines that:
(a) Customer’s use may violate applicable law, ELD Provider Terms, or these Terms;
(b) there is suspected misuse, suspicious activity, abusive API usage, or excessive requests;
(c) there is elevated legal risk, security risk, or operational risk; or
(d) the Telematics Provider changes, deprecates, limits, or terminates access or APIs.
Customer acknowledges and agrees that Load Market shall have no liability, except as required by applicable law and subject to the limitations of liability set forth in these Terms, for any operational impact, downtime, missed visibility, or business consequence arising from any such suspension or termination.

7.7.14 Data Retention; Deletion on Revocation or Termination

Load Market may retain ELD Data and Telematics Provider Data only for the minimum period reasonably necessary to provide the Services, comply with applicable law, resolve disputes, enforce these Terms, and satisfy contractual or regulatory obligations.

Upon revocation of authorization, termination or suspension of an ELD Integration, expiration of credentials, or receipt of a valid legal, regulatory, or Telematics Provider request, Load Market may delete, anonymize, or render inaccessible the applicable ELD Data or Telematics Provider Data in accordance with its internal data retention and deletion policies.

Customer acknowledges and agrees that deletion or restriction of access to such data may result in loss of historical visibility, reports, analytics, or derived outputs, and Load Market shall have no liability for any resulting impact.

7.7.15 Customer Certification for Telematics Integrations.

By enabling any telematics or ELD integration or submitting related API credentials, Customer represents and certifies that it has obtained all required authorizations from the applicable Telematics Provider and the carrier to permit the use and display of such data through the Services. Load Market relies on this certification and does not independently verify the scope or validity of such authorization.

7.7.16 Survival

This Section 7.7 survives termination, suspension, or expiration of the Agreement and applies to all ELD Integrations enabled at any time.

8. Sharing of Tracking Information

8.1 Customer-Controlled Sharing

Customer may, at its sole discretion, share any tracking information, shipment data, location data, documents, messages, ETAs, routing outputs, fraud indicators, status updates, or related content (collectively, “Tracking Information”) generated through or displayed by the Services, except for ELD Data and Telematics Provider Data in their raw, continuous, or provider-sourced form, which may not be shared via live tracking links, public URLs, or direct access mechanisms and are subject exclusively to the restrictions set forth in Section 7.7 and applicable ELD Provider Terms.

For clarity, Customer-generated notifications, summaries, or communications (including automated emails) that reference the most recently recorded vehicle location without providing live access, interactive viewing, or independent retrieval of ELD Data are deemed Customer communications and not ELD Data sharing.

All decisions regarding whether, when, how, to whom, for what purpose, and for how long Tracking Information is disclosed or made accessible are made exclusively by Customer, not Load Market. Customer is the sole party responsible for determining lawful recipients, scope, necessity, and appropriateness of disclosure.

‍Snapshot Location Updates (Non-Live).
Notwithstanding the foregoing restrictions, Customer may send or receive automated notifications, summaries, or system-to-system updates (including email notifications or TMS integrations) that reference only the most recently recorded vehicle location at the time such message or update is generated, provided that such updates do not include live tracking access, continuous location feeds, interactive maps, bearer links, or independent retrieval of ELD Data or Telematics Data.

For the avoidance of doubt, such snapshot-based updates constitute Customer communications or derived informational outputs, and not live tracking, data feeds, or third-party access to Telematics Provider systems.

8.2 Scope of “Sharing”

For purposes of these Terms, “sharing” and “disclosure” include, without limitation:
(a) generating, distributing, forwarding, copying, reposting, or otherwise transmitting tracking links (including Live Tracking Links);
(b) sending email, SMS, push notifications, automated alerts, or other communications containing Tracking Information or access to Tracking Information;
(c) forwarding, copying, exporting, re-sending, re-publishing, embedding, or displaying Tracking Information within or outside Customer systems;
(d) screenshots, screen recordings, printing, manual transcription, or any visual or physical capture of Tracking Information;
(e) API access, system-to-system transmission, integrations, webhooks, embedded widgets, white-label displays, or other technical display of Tracking Information;
(f) granting access credentials, access tokens, URLs, invitations, shared views, or any other means that allow a third party to view Tracking Information.

Load Market does not control, monitor, restrict, approve, or validate any method of sharing.

8.3 No Control After Disclosure

Once Tracking Information is disclosed, displayed, or made accessible to any third party by or at Customer’s direction:
(a) Load Market has no control, no visibility, and no technical ability to recall, restrict, modify, or delete such Tracking Information in third-party possession;
(b) Load Market has no obligation to monitor or enforce how Tracking Information is used, stored, redistributed, relied upon, or retained;
(c) Load Market has no responsibility for any further dissemination, misuse, misinterpretation, retention, archiving, caching, indexing, or onward transfer.

Customer acknowledges that Tracking Information may be copied, forwarded, cached, archived, indexed, screen-captured, or stored by third parties beyond Load Market’s technical control, and that such effects are an inherent risk of disclosure.

8.4 No Verification of Recipients

Load Market does not verify the identity, authority, legitimacy, business relationship, legal entitlement, or need-to-know status of any recipient or viewer of Tracking Information. Load Market does not verify the accuracy of any email address, phone number, contact details, or recipient identity submitted or selected by Customer.
‍
Customer bears sole responsibility for selecting recipients, confirming lawful entitlement to receive Tracking Information, and ensuring lawful disclosure.

8.5 Need-to-Know Sharing Requirement; Prohibited Public Distribution

Customer agrees that Tracking Information must be shared strictly on a need-to-know basis and solely for legitimate shipment-related business purposes. Customer shall not publicly post, broadcast, publish, embed in public pages, or otherwise mass-distribute Tracking Information or access methods (including links), including without limitation via social media, forums, public websites, or unsecured public channels.
Load Market has no obligation to monitor, detect, or enforce Customer compliance with this Section.

8.6 Third-Party Systems & Security Disclaimer

Tracking Information may pass through, be processed by, stored within, or accessed via external systems, including but not limited to: telecom carrier networks, SMS/email providers, mobile operating systems (iOS/Android), browsers, devices, local storage, customer infrastructure, TMS/ELD/telematics systems, or other integrated platforms.

Load Market cannot control and does not guarantee the security, privacy, encryption, transmission integrity, availability, or data handling practices of any third-party system or Customer-controlled device, including data “in transit,” and disclaims all responsibility for compromises, interceptions, misdeliveries, exposure, or retention occurring outside Load Market’s direct systems.

8.7 No Reliance; Informational Use Only

Customer expressly agrees that Tracking Information is provided for informational purposes only and may be inaccurate, delayed, incomplete, unreliable, stale, or unavailable. Tracking Information must not be relied upon as the sole basis for operational, commercial, legal, compliance, safety, or financial decisions.
‍
Load Market disclaims any responsibility for decisions, actions, or outcomes based on Tracking Information by Customer or any third party.

8.8 No Business, Operational, or Consequential Liability from Sharing

To the maximum extent permitted by applicable law, Load Market shall have zero liability for any consequences arising from Customer’s sharing or use of Tracking Information, including without limitation: detention, layover, demurrage, accessorial charges, missed appointments, chargebacks, penalties, offsets, cargo claims, rate disputes, contractual disputes, service failures, reputational harm, customer dissatisfaction, or loss of business.
All such risks are assumed exclusively by Customer.

8.9 Third-Party Claims; No Duty of Care to Recipients or Viewers

Load Market is not responsible for and shall not be liable for:
(a) any claims brought by shippers, receivers, consignees, customers, carriers, drivers, insurers, regulators, or other third parties;
(b) any indirect, derivative, pass-through, or downstream claims; or
(c) any claims arising from or relating to Customer’s disclosure, sharing, or enabling access to Tracking Information.

Customer agrees that Load Market owes no duty beyond those expressly imposed by applicable law to any third-party recipient, viewer, or beneficiary of Tracking Information, and no such third party may assert that Load Market owed them any duty, obligation, or standard of care regarding the disclosure, security, accuracy, or availability of Tracking Information.

8.10 No Duty to Monitor, Warn, or Intervene; No “Security Service” Undertaking

Load Market has no obligation to monitor how Tracking Information is shared or used; warn Customer or any third party of inaccuracies, access risks, or misuse; intervene in disputes; prevent or limit disclosure once initiated by Customer; or provide any “security service,” oversight, compliance validation, or recipient verification with respect to disclosure of Tracking Information.
Customer acknowledges that any internal controls, recipient approval processes, confidentiality rules, or security policies must be implemented and enforced solely by Customer.

8.11 Live Tracking Links (Bearer-Access) — Explicit Security Limitations; Risk Allocation; No Duty to Secure

For the avoidance of doubt, certain Tracking Information may be shared through tracking links, including links intended to display live or near-real-time shipment location (“Live Tracking Links”). Customer expressly acknowledges and agrees that each Live Tracking Link:
(a) is a bearer-access mechanism where access is granted solely by possession of the URL;
(b) may not require authentication, login credentials, passwords, PIN codes, or identity verification;
(c) may not include rate limiting, throttling, access logging, viewer identification, session monitoring, intrusion detection, or scraping protection; and
(d) is not intended, represented, or warranted to be a secure, confidential, or access-controlled system.

Customer assumes all risk arising from or related to: link leakage, forwarding, reposting, copying, screenshots, caching, scraping, indexing, automated access, bulk viewing, unauthorized viewing, or any disclosure of shipment location resulting from possession of a Live Tracking Link.

No Duty to Secure or Audit. Customer expressly agrees that Load Market has no duty to implement passwords/PINs, access controls, rate limiting, access logging, abuse detection, or viewer verification for Live Tracking Links, and has no duty to detect misuse, scraping, abnormal traffic, or unauthorized access, and no duty to warn Customer of any such activity. Any access obtained through possession of a valid Live Tracking Link shall be deemed authorized by Customer for purposes of these Terms.

8.12 API, Integrations, Embedded/White-Label Displays; Customer Controls Downstream Exposure

Where Tracking Information is exposed via API, TMS integration, ELD integration, webhook, embedded widget, white-label deployment, or other system-to-system transmission, Customer acknowledges and agrees that Customer solely controls the configuration, credentials, permissions, recipient access, and downstream display logic. Load Market has no responsibility for:
(a) Customer misconfiguration;
(b) excessive permissions or over-broad access;
(c) Customer’s downstream users, customers, recipients, or third-party viewers;
(d) data exposure resulting from Customer’s infrastructure, tokens, keys, authentication, or storage practices; or
(e) any onward distribution by Customer’s recipients or downstream systems.

8.13 No Implied Confidentiality; Customer Must Use Separate Agreements if Needed

Unless explicitly agreed in a separate written agreement signed by Load Market, Tracking Information and access methods (including links) are not provided as confidential communications and are not subject to any implied confidentiality obligation by Load Market. If Customer requires confidentiality, restricted access, NDAs, access logs, or recipient auditability, Customer must implement such controls independently and/or negotiate a separate written agreement and technical configuration. Load Market bears no liability for Customer’s failure to implement confidentiality or access controls.

8.14 Absolute Risk Allocation; Indemnification Applies

Customer assumes all risks associated with sharing, disclosure, access enablement, and third-party viewing of Tracking Information. To the maximum extent permitted by law, Load Market disclaims all liability of any kind arising from or related to Tracking Information sharing and access enablement. This allocation of risk is fundamental to the Services and the pricing.
Any claim, investigation, demand, or dispute arising from Customer’s sharing or disclosure of Tracking Information (including through Live Tracking Links, emails, SMS, integrations, or any other method) is subject to Customer’s indemnification obligations under Section 19.

8.15 Survival; Independent Enforcement

This Section 8 survives termination, suspension, or expiration of the Agreement and applies regardless of whether Customer’s use of the Services is free, trial, or paid. If any portion of this Section 8 is held unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

9. Risk Indicators

The Services may include optional fraud-related signals, alerts, indicators, flags, or risk markers (collectively, “Risk Indicators”), which may include, without limitation:

GPS spoofing or manipulated coordinate patterns;
VPN, proxy, or anonymization tool detection;
IP address, device, or network anomalies;
irregular location behavior or movement patterns;
multiple devices or sessions associated with a single account;
inconsistencies between reported locations, timestamps, or routes.

9.1 Informational Nature Only - No Detection or Prevention

Customer expressly acknowledges and agrees that:

Fraud Indicators are provided solely for informational and reference purposes;
Fraud Indicators do not constitute fraud detection, fraud prevention, verification, certification, or investigation;
Fraud Indicators are not security systems, compliance tools, or risk management services;
Fraud Indicators do not represent conclusions, findings, accusations, or determinations of wrongdoing;
Load Market does not guarantee, represent, or warrant that fraud, misuse, deception, spoofing, or manipulation will be identified, flagged, or prevented.

Load Market does not provide advice, recommendations, or instructions regarding acceptance, rejection, termination, or continuation of any load, carrier, driver, or shipment.Customer acknowledges that Fraud Indicators are not a substitute for human judgment, independent investigation, or compliance review.

9.2 No Accuracy Guarantees

Customer understands and agrees that Risk Indicators:

may be incomplete, inaccurate, delayed, unreliable, outdated, or misleading;
may generate false positives (flagging legitimate activity);
may generate false negatives (failing to flag fraudulent activity);
depend on third-party data, external systems, device behavior, GPS hardware, operating systems, telecom networks, environmental conditions, and Customer configuration.

Load Market does not verify, validate, or audit Fraud Indicators and has no obligation to correct, explain, or update them.

9.3 Customer Bears All Decision-Making Responsibility

Customer is solely and exclusively responsible for:

evaluating Fraud Indicators;
conducting independent verification or due diligence;
deciding whether to accept, reject, cancel, delay, or continue any load, shipment, carrier, or driver;
determining compliance with internal policies, customer requirements, and legal obligations.

Customer acknowledges that all operational, commercial, reputational, and legal decisions are made entirely at Customer’s own discretion and risk, and not by Load Market.

9.4 No Liability for Business, Reputational, or Operational Impact

To the maximum extent permitted by applicable law, and subject to the limitations of liability set forth in Section 18, Load Market shall have no liability for any damages, losses, or claims arising from or related to Fraud Indicators, including but not limited to:

loss of loads, revenue, profits, customers, or business opportunities;
termination or deterioration of carrier, broker, or customer relationships;
reputational harm, blacklisting, or internal compliance actions;
delays, cancellations, detention, layover, or missed appointments;
reliance on, misinterpretation of, or failure to act upon any Fraud Indicator.

Customer agrees that no reliance may be placed on Fraud Indicators for any business-critical decision.

9.5 No Responsibility Toward Third Parties

Load Market assumes no duty, responsibility, or liability toward:

drivers, carriers, brokers, shippers, receivers, or any third party;
any person or entity flagged or affected by Risk Indicators;
any claim alleging misclassification, defamation, discrimination, or improper labeling.

Customer agrees not to represent Risk Indicators as factual findings or determinations to any third party.

9.6 Third-Party Systems and Technical Limitations

Risk Indicators may be influenced by factors outside Load Market’s control, including:

GPS signal quality and hardware limitations;
mobile devices, operating systems, and firmware;
carrier networks, roaming behavior, or connectivity issues;
VPNs, firewalls, proxies, or security software;
ELD platforms, APIs, and third-party data sources.

Load Market has no responsibility for any inaccuracies or failures arising from such factors.

9.7 Essential Disclaimer

Customer acknowledges and agrees that:

Risk Indicators are provided “AS IS” and “AS AVAILABLE”;
Load Market assumes no duty beyond implementing reasonable technical and organizational measures within its own systems related to fraud detection or prevention;
this disclaimer is essential to the economic viability of the Services;
these limitations are a fundamental basis on which the Services are provided.

Customer uses Risk Indicators entirely at its own risk.

10. Integrations with Third-Party Systems (TMS, ELD, APIs, AI Services, and External Platforms)

The Services may support integrations with third-party systems, platforms, or providers (collectively, “Third-Party Integrations”), including but not limited to:

Transportation Management Systems (TMS);
Electronic Logging Device (ELD) platforms;
telematics providers;
mapping and geolocation services;
SMS, email, and telecom providers;
AI-powered voice bot or communication services;
cloud hosting providers, operating systems, and APIs.

Load Market provides technical connectivity only and does not operate, control, own, manage, audit, or supervise any Third-Party Integration.

10.1 Customer Responsibility for Configuration and Authorization

Customer is solely and exclusively responsible for:

selecting which Third-Party Integrations to enable or connect;
obtaining all required authorizations, permissions, licenses, and consents from carriers, drivers, vendors, or third parties;
generating, securing, maintaining, rotating, and revoking API keys, tokens, credentials, or access rights;
ensuring that all integrations comply with applicable laws, contracts, and industry regulations.

Load Market does not verify whether Customer is authorized to access or use any Third-Party Integration or underlying data.

10.2 No Control Over Third-Party Systems or Data

Customer expressly acknowledges and agrees that:

Third-Party Integrations operate independently of Load Market;
Load Market has no control over third-party system availability, uptime, performance, security, or accuracy;
Load Market merely receives, transmits, displays, or relays data provided through third-party APIs or services;
Load Market does not validate, correct, enrich, reconcile, or interpret third-party data.

Any data displayed through the Services remains the sole responsibility of the originating third-party system and/or the Customer.

Integration Partners acknowledge and agree that any access to or use of the Services via API or other integration methods is at their own risk. Load Market shall have no liability for any impact on an Integration Partner’s systems, data, availability, security, performance, or business operations arising from or related to such integration or API usage.

10.3 No Warranty or Liability for Integration Failures

To the maximum extent permitted by law, and subject to the limitations of liability set forth in Section 18, Load Market shall have no liability for any issues arising from Third-Party Integrations, including but not limited to:

incorrect, delayed, incomplete, duplicated, or missing data;
synchronization failures or mapping errors;
broken, throttled, deprecated, or modified APIs;
authentication or authorization failures;
data mismatches between systems;
integration outages, latency, or termination by third parties.

Customer assumes all risk associated with enabling or relying on any integration. Where Load Market provides default or template AI-generated messages or scripts, such content is provided solely as a technical example or convenience, and Customer remains solely responsible for reviewing, approving, configuring, modifying, and authorizing the use of any such content, and for ensuring compliance with all applicable laws, including telecommunications, privacy, and consumer protection laws.

Load Market does not determine the recipients, timing, frequency, or triggering conditions of any AI-generated communications, and does not initiate such communications for its own purposes.

10.4 No Responsibility for Operational or Commercial Consequences

Load Market shall not be liable, except as required by applicable law and subject to the limitations of liability set forth in Section 18, for any operational, commercial, or legal consequences arising from integrations, including without limitation:

tracking the wrong vehicle, trailer, or asset;
tracking a vehicle or trailer carrying a different load;
carrier-authorized ELD access that results in unintended visibility;
missed appointments, detention, layover, or delivery failures;
billing disputes, customer disputes, or contractual penalties;
reputational harm or loss of business.

All responsibility for shipment context, authorization, and correctness lies solely with the Customer and/or carrier, not Load Market.

10.5 Security and External System Limitations

Customer acknowledges that Load Market:

does not control the security practices of Third-Party Integrations;
does not guarantee protection of data in transit between Customer systems, driver devices, telecom networks, third-party platforms, or APIs;
cannot control vulnerabilities introduced by operating systems, mobile devices, networks, firewalls, or external services.

Load Market disclaims responsibility for breaches, leaks, or compromises caused by or occurring within third-party environments or systems outside Load Market’s direct control.

10.6 Changes, Suspension, or Termination of Integrations

Load Market may, at any time and without notice:

modify, limit, suspend, or discontinue support for any integration;
change integration methods, endpoints, or technical requirements;
disable integrations for security, compliance, or operational reasons.

Load Market has no obligation to maintain compatibility with any third-party system. To the maximum extent permitted by applicable law, and subject to the limitations of liability set forth in Section 18, Load Market shall have no liability for any resulting impact, downtime, loss of data, or business consequence arising from any such change, suspension, or termination.

10.7 Essential Disclaimer

Customer acknowledges and agrees that:

Third-Party Integrations are provided “AS IS” and “AS AVAILABLE”;
Load Market assumes no duty of care regarding third-party systems or data;
reliance on integrations is entirely at Customer’s own risk;
these limitations form a fundamental basis on which the Services are provided.

10.8 Government & Regulatory Data Sources (FMCSA)

Informational Government Data Only.
The Services may access, retrieve, display, or process publicly available carrier, licensing, registration, or identification data obtained from government or regulatory authorities, including without limitation the U.S. Federal Motor Carrier Safety Administration (FMCSA), through APIs or other authorized data access methods.

No Verification; No Certification.
Customer expressly acknowledges and agrees that Load Market:

does not verify, certify, audit, validate, or guarantee the accuracy, completeness, timeliness, or current status of any FMCSA or government-provided data;
does not confirm carrier authority, safety fitness, insurance coverage, operational compliance, or legal eligibility;
does not endorse, approve, recommend, or disqualify any carrier or transportation entity based on such data.

As-Is Government Data.
Government or regulatory data may be outdated, delayed, incomplete, inaccurate, or inconsistent and is provided “AS IS” and “AS AVAILABLE.”
‍
Customer Responsibility.
Customer remains solely responsible for performing independent due diligence, verification, and compliance checks regarding any carrier, including confirmation of authority, insurance, safety status, and regulatory compliance.
‍
‍No Liability.To the maximum extent permitted by applicable law, and subject to the limitations of liability set forth in Section 18, Load Market shall have no liability for any claim, loss, damage, dispute, or decision arising from or related to reliance on FMCSA or other government-sourced data.

10.9 Carrier Identification and ELD Authorization Using FMCSA Data

Technical Identification Only.
In connection with ELD integrations and carrier-initiated authorization workflows, the Services may require entry of a carrier’s MC number and/or USDOT number for the limited and sole purpose of technical identification and system matching.

No Legal or Compliance Verification.
Use of MC or USDOT numbers, or matching of such identifiers against FMCSA or other data sources:

does not constitute legal verification of carrier identity, authority, insurance, safety compliance, or eligibility;
does not confirm employment relationships, ownership, control, or authorization of any individual acting on behalf of a carrier;
does not replace Customer’s obligation to independently verify carrier credentials and compliance.

Carrier-Provided Authorization.
Any authorization, approval, or consent granted for ELD connectivity is provided solely by the carrier or its purported representative, and Load Market:

does not verify the authority of any individual granting such authorization;
does not validate internal carrier approvals, mandates, or employment relationships;
relies entirely on representations made by the Customer and/or carrier.

Risk Allocation.
Customer assumes all risk associated with:

incorrect or fraudulent MC/USDOT numbers;
unauthorized or improper ELD access;
misidentification of carriers;
reliance on carrier-provided or government-sourced data.

Zero Liability.
To the maximum extent permitted by applicable law, and subject to the limitations of liability set forth in Section 18, Load Market shall have no liability for any claims, penalties, disputes, regulatory issues, or operational consequences arising from carrier identification, ELD authorization, or use of FMCSA data.

10.10 Third-Party Telematics Data; Reliance on Customer Representations

To the extent the Services process or display data obtained from any Telematics Provider, including ELD-based location or vehicle data (“Telematics Data”), Customer expressly acknowledges and agrees that:
(a) Load Market acts solely as a technical processor and data conduit with respect to such Telematics Data;
(b) Customer represents and warrants that it, and/or the applicable carrier, has obtained all legally required rights, authorizations, disclosures, and consents necessary to permit Load Market to access, process, transmit, and display such Telematics Data in accordance with applicable law;
(c) Load Market does not independently verify, confirm, or audit the existence, validity, or sufficiency of any such consents, authorizations, or lawful bases for processing;
(d) any representation, warranty, or assurance made by Load Market to a Telematics Provider regarding lawful processing, consent, or data protection compliance is made solely in reliance upon, and as a pass-through of, Customer’s representations under these Terms; and
(e) Customer remains the sole data controller and bears all legal responsibility for compliance with applicable privacy, data protection, telecommunications, and employment laws in connection with Telematics Data.

10.11 Security Practices for Third-Party Integrations

With respect to integrations involving third-party systems, including telematics providers and electronic logging device (ELD) platforms, Load Market implements commercially reasonable and industry-standard administrative, technical, and organizational safeguards designed to protect the security and integrity of its systems.
Customer acknowledges and agrees that:
(a) such safeguards are not guarantees of security and do not eliminate all risks of unauthorized access, interception, loss, or disclosure;
(b) Load Market does not provide security, monitoring, audit, or breach-prevention services and does not assume any duty of care beyond the implementation of such reasonable safeguards;
(c) Load Market does not guarantee the security of data in transit across external networks, telecom systems, devices, or third-party platforms;
(d) any security obligations imposed by third-party integration partners apply solely within the scope of such integrations and do not modify or override the “AS IS” and limitation of liability provisions of these Terms.

10.12. Non-Affiliation and Non-Motive Product Status

Customer acknowledges and agrees that Load Market is an independent third-party technology provider and, with respect to any integration with Motive Technologies, Inc. or any other telematics, ELD, or tracking provider (each, a “Telematics Provider”), constitutes a “Non-Motive Product” or equivalent third-party product.
Load Market is not affiliated with, endorsed by, sponsored by, or acting on behalf of any Telematics Provider, and no Telematics Provider is responsible for the Services. Any obligations, representations, warranties, or commitments imposed by a Telematics Provider apply solely between Customer and such provider and do not modify or extend Load Market’s obligations under these Terms.

10.13. Legal Requests and Government Access

Customer acknowledges and agrees that Customer is the data controller (and/or business entity legally responsible) with respect to Tracking Data, including without limitation location data, shipment visibility data, chat messages, and uploaded documents, and that Load Market acts solely as a technical service provider and processor handling such data on Customer’s behalf as described in these Terms and the Privacy Policy.

If Load Market receives any subpoena, court order, warrant, government inquiry, regulatory request, civil investigative demand, law-enforcement request, or other legal process seeking access to or disclosure of Tracking Data or other Customer-related data (a “Legal Request”), Load Market may, to the extent permitted by applicable law:
(a) notify Customer and provide Customer a reasonable opportunity to seek protective relief or otherwise respond; and/or
(b) redirect the Legal Request to Customer as the primary respondent.

Notwithstanding the foregoing, Load Market may comply with a Legal Request without prior notice to Customer where:
(i) Load Market reasonably believes disclosure is required by applicable law, valid legal process, or enforceable governmental demand;
(ii) Load Market is legally prohibited from providing notice; or
(iii) Load Market determines that notice would create a risk of harm, obstruction, or unlawful interference.

Where Load Market discloses any data in response to a Legal Request, Load Market will disclose only the minimum amount of data that Load Market reasonably determines is required to comply.

Customer remains solely responsible for
(1) the lawfulness of Customer’s collection, use, sharing, and retention of Tracking Data,
(2) maintaining any required notices, disclosures, consents, and lawful bases, and
(3) responding to third-party or governmental inquiries regarding Customer’s use of the Services.

To the maximum extent permitted by applicable law and subject to Section 18, Load Market shall have no liability for any disclosure made in good-faith reliance on a Legal Request, or for Customer’s failure to timely respond to any Legal Request or to seek protective relief.

Load Market may charge Customer reasonable costs incurred in responding to Legal Requests, including search, retrieval, preservation, and production costs, to the extent permitted by applicable law.

11. Billing, Payments & Subscriptions

11.1 Paid Services

Certain Services offered by Load Market are subject to fees (“Paid Services”).
All pricing, subscription tiers, usage limits, and payment terms presented during signup, within the Billing Portal, or otherwise communicated to Customer are hereby incorporated into these Terms by reference.

Use of any Paid Service constitutes Customer’s agreement to pay all applicable fees in accordance with this Section.

11.2 Taxes and Third-Party Fees

Customer is solely responsible for all applicable taxes, duties, levies, and third-party fees, including but not limited to:

sales or value-added taxes (VAT),
telecom, text messsages (SMS), or mobile carrier fees,
ISP or data charges,
foreign exchange or transaction fees,
credit card or banking fees.

Load Market bears no responsibility for any such charges imposed by third parties.

11.3 Payment Processing (Stripe)

Load Market uses a third-party payment processor, Stripe, to process all payments (the “Payment Processor”).
Payment processing is subject to Stripe’s own terms, conditions, and privacy policies, available at: https://stripe.com/legal

‍Customer expressly acknowledges and agrees that:

Load Market does not control Stripe’s systems;
Load Market is not responsible for payment processing errors, failures, delays, chargebacks, or disputes caused by the Payment Processor;
authorization of a payment method constitutes authorization for recurring charges.

11.4 Billing Method and Authorization

Customer must maintain a valid payment method at all times.

By subscribing to Paid Services, Customer:

authorizes Load Market (via Stripe) to charge the selected payment method;
authorizes storage of payment credentials;
authorizes charging any backup payment method on file if the primary method fails;
agrees that unpaid balances may result in suspension or termination of Services.

Failure to maintain valid billing information does not relieve Customer of payment obligations.

11.5 Subscription Fees & Auto-Renewal

Paid subscriptions:

are billed in advance on a monthly basis;
automatically renew at the end of each billing cycle unless canceled via the Billing Portal;
are non-refundable, including for partial periods.

Cancellation takes effect at the end of the current billing cycle, after which the account may be downgraded to a Free plan (if available).

11.6 Tracking Requests Usage

Load Market Each subscription plan includes a defined number of tracking requests.
A tracking request is considered used and consumed once sent, regardless of whether: may, at any time and without notice:

the Driver accepts or rejects the request;
tracking actually begins;
the request was sent to an incorrect number or device.

Unused tracking requests do not roll over and have no monetary value.

11.6.1 Definition and Consumption of Tracking Requests

For purposes of billing, subscription limits, and usage calculations, a “Tracking Request” means each individual request initiated by a Customer through the Services to attempt to establish shipment or vehicle tracking for a Driver or carrier, whether via the LM Tracking mobile application, ELD integration, API, TMS integration, or any other supported method.

A Tracking Request is deemed used, consumed, and billable immediately upon being sent or initiated by the Customer, regardless of whether:

the Driver installs the mobile application;
the Driver or carrier accepts, rejects, ignores, or fails to respond to the request;
tracking successfully begins, remains active, or is terminated;
the request is sent to an incorrect, invalid, reassigned, unreachable, or non-driver phone number or identifier;
the request fails due to device, network, telecom, ELD, API, third-party system, or technical issues; or
the Customer cancels, resends, retries, or replaces the request.

Each attempt to initiate tracking constitutes a separate Tracking Request and is counted independently for subscription and billing purposes.

Tracking Requests represent access attempts and system resources consumed, not guaranteed tracking outcomes.

Unused Tracking Requests do not roll over between billing periods, have no cash value, and are non-refundable under any circumstances.

11.7 Upgrades and Downgrades

11.7.1 General Rules

Upgrades take effect immediately.
Downgrades take effect only at the start of the next billing cycle.
No retroactive price reductions apply.

11.7.2 Upgrade Followed by Downgrade Within the Same Billing Cycle

If Customer upgrades to a higher-tier plan and subsequently downgrades to a lower-tier plan within the same billing cycle, Customer expressly agrees that:

Customer will retain access to all features and usage limits of the higher-tier plan, including the higher number of tracking requests;
Customer will be charged the full price of the higher-tier plan for that billing cycle.

Billing in such cases will consist of:

the base charge for the original plan;
a prorated upgrade charge at the time of upgrade;
an additional charge (issued via a separate invoice if applicable) covering the remaining difference required to equal the full price of the higher-tier plan.

No refunds, credits, or partial adjustments will be issued.
This structure exists to prevent plan abuse and circumvention of usage limits.

11.8 Price Changes

Load Market may modify subscription pricing at any time.
Any price change will take effect at the beginning of the next billing cycle following notice. Continued use of the Services after a price change constitutes acceptance of the new pricing.
If Customer does not agree, Customer must cancel before the new pricing takes effect.

11.9 No Refunds

All payments are final and non-refundable, including but not limited to:

unused subscription time;
unused tracking requests;
early termination;
suspension or termination of account access;
dissatisfaction with Service performance.

11.10 Suspension for Non-Payment

Load Market may suspend or terminate Services immediately if:

payment fails;
invoices remain unpaid;
billing information is invalid or outdated.

Load Market bears zero liability for any loss, disruption, or damages arising from billing-related suspension.

11.11 Current Billing Information Required

Customer is solely responsible for maintaining current, complete, and accurate billing and account information at all times.
Customer must promptly update all billing details, including but not limited to:

billing address,
credit card number,
expiration date,
payment method status,
contact and notification information.

Customer must immediately notify Load Market or the Payment Processor if:

a payment method is canceled, expired, lost, or stolen;
Customer becomes aware of any unauthorized access or potential security breach involving account credentials.

All billing updates must be made through the Billing Portal.
If Customer fails to maintain accurate billing information, Customer expressly agrees that:

Load Market may continue charging for any use of Paid Services associated with Customer’s account;
Load Market may participate in card updater or similar programs to obtain updated payment information;
failure to update billing information does not relieve Customer of payment obligations;
access to the Services may be suspended or terminated for non-payment.

Load Market bears no responsibility for failed payments resulting from outdated, inaccurate, or incomplete billing information.

12. Service Availability, Performance & Operational Limitations

Customer acknowledges and agrees that the Services are subject to inherent technical, operational, and external limitations.
Without limitation, Customer understands and agrees that:

the Services may be inaccurate, unreliable, delayed, partially available, or unavailable at any time;
tracking data, ETA calculations, routing information, fraud indicators, maps, and alerts may be incorrect, incomplete, outdated, delayed, or misleading;
real-time tracking does not mean continuous, uninterrupted, or precise tracking;
Service performance depends on third-party systems and conditions outside Load Market’s control, including but not limited to:

mobile devices and operating systems,
GPS satellites and positioning systems,
cellular networks and telecom carriers,
internet connectivity,
cloud infrastructure,
ELD providers,
TMS platforms,
email and SMS delivery systems,
environmental, geographic, or atmospheric conditions.

Load Market does not guarantee:

uptime, availability, or continuity of the Services;
accuracy or completeness of any data;
timely delivery of notifications, alerts, emails, SMS messages, or updates;
successful transmission of location or shipment data;
compatibility with any specific device, carrier, system, or configuration.

No service level agreement (SLA), uptime commitment, performance benchmark, or operational guarantee is provided unless expressly agreed to in a separate written agreement signed by Load Market.

The Services, including any free plans, trial features, beta functionality, or promotional offerings, are provided strictly “AS IS” and “AS AVAILABLE”, and Customer uses the Services entirely at its own risk.

Load Market shall have no liability for any loss, damage, cost, delay, detention, missed appointment, operational disruption, commercial dispute, or business impact arising from:

Service downtime or degradation,
inaccurate or delayed data,
system outages,
third-party failures,
or discontinuation or modification of any part of the Services.

Customer acknowledges that these limitations are essential to the economic viability of the Services, and that the Services would not be offered without these disclaimers.

13. Intellectual Property Rights

All right, title, and interest in and to the Services, including without limitation:

all software, source code, object code, APIs, SDKs, algorithms, databases, data models, workflows, and system architecture;
all user interfaces, layouts, designs, dashboards, visual elements, and user experience components;
all text, graphics, images, icons, logos, trademarks, service marks, trade names, and branding;
all tracking logic, fraud detection methodologies, analytics logic, ETA calculations, routing logic, and data presentation formats;
all documentation, training materials, help content, and support materials;
all enhancements, modifications, updates, derivatives, and improvements thereto;

are and shall remain the exclusive property of Load Market or its licensors, and are protected by copyright, trademark, trade secret, and other intellectual property and unfair competition laws.

13.1 Limited License to Use the Services

Subject to Customer’s ongoing compliance with these Terms, Load Market grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for Customer’s legitimate freight-related business purposes.
No other rights or licenses are granted, whether by implication, estoppel, or otherwise.

13.2 Restrictions

Except as expressly permitted by these Terms, Customer shall not, directly or indirectly:

copy, reproduce, modify, adapt, translate, or create derivative works of the Services;
reverse-engineer, decompile, disassemble, or attempt to derive source code or underlying structure;
scrape, crawl, harvest, or extract data, features, workflows, or logic from the Services;
resell, sublicense, lease, rent, distribute, or commercially exploit the Services;
use the Services to build or assist in building a competing product or service;
remove, obscure, or alter any proprietary notices or branding;
use Load Market’s name, trademarks, logos, or branding without prior written consent.

13.3 No Ownership Transfer

Customer acknowledges and agrees that:

use of the Services does not convey any ownership interest;
no intellectual property rights are transferred to Customer;
all rights not expressly granted are reserved by Load Market.

Customer further acknowledges that any configuration, setup, usage data, or operational use of the Services does not create any ownership, license expansion, or proprietary interest in the Services.

13.4 Protection of Platform Integrity

Customer shall not take any action that interferes with, compromises, or attempts to undermine the integrity, security, or proprietary nature of the Services.

Any unauthorized use of the Services or violation of this Section constitutes a material breach of these Terms and may result in immediate suspension or termination of access without notice, in addition to any other remedies available to Load Market.

14. Publicity & Marketing Use

Customer grants Load Market a non-exclusive, worldwide, royalty-free right to use Customer’s name, trade name, trademarks, service marks, logos, and brand identifiers solely for marketing, promotional, sales, and informational purposes, including without limitation:

listing Customer as a user of the Services;
displaying Customer logos on Load Market’s website, presentations, pitch decks, marketing materials, and sales collateral;
identifying Customer as a reference client (without disclosing confidential or performance data);
listing supported integrations, TMS platforms, ELD systems, APIs, or third-party tools used in connection with the Services.

This right applies regardless of whether the Customer uses a free plan, trial plan, or paid subscription, and regardless of account activity status, unless explicitly prohibited by applicable law.

No Endorsement

Nothing in this Section shall be construed as implying:

endorsement,
sponsorship,
partnership,
certification, or
approval

by Customer of Load Market, the Services, or any Load Market product.

No Confidential or Performance Disclosure

Load Market will not disclose Customer’s confidential business information, shipment data, pricing, volumes, or performance metrics without separate written consent, unless required by law.

Opt-Out

Customer may request removal of its name or logo from public-facing marketing materials by providing written notice to Load Market. Such removal shall not affect Load Market’s internal materials, historical records, or prior published content.

15. Feedback, Suggestions & Feature Requests

15.1 Voluntary Submission

Customer acknowledges and agrees that any ideas, suggestions, feature requests, enhancements, improvements, comments, feedback, concepts, workflows, designs, use cases, or other information (collectively, “Feedback”) submitted to Load Market - whether via the Services, email, chat, support tickets, calls, surveys, meetings, demos, or any other communication channel - are provided entirely voluntarily and without any expectation of compensation, confidentiality, attribution, or ownership.

15.2 No Confidential Relationship

Customer agrees that:

Feedback is not confidential;
No fiduciary, contractual, or implied relationship is created by submission of Feedback;
Load Market has no obligation to review, respond to, implement, or acknowledge any Feedback.

15.3 Assignment of Intellectual Property

Customer hereby irrevocably assigns to Load Market all right, title, and interest, including all intellectual property rights (copyright, patent rights, trade secrets, moral rights, and any other proprietary rights), in and to all Feedback, whether or not protectable under applicable law, worldwide and in perpetuity.
‍
To the extent any such rights cannot be assigned as a matter of law, Customer hereby grants Load Market a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, commercialize, and otherwise exploit such Feedback for any purpose, without restriction.

15.4 No Compensation or Attribution

Customer expressly agrees that:

Load Market owes no compensation, royalty, fee, or other payment for any use of Feedback;
Customer is not entitled to attribution, credit, recognition, or acknowledgment of any kind;
Load Market may develop, implement, or commercialize products, features, or services that are identical or similar to the Feedback, without restriction or obligation to Customer.

15.5 Waiver of Claims

Customer irrevocably waives any and all claims, demands, causes of action, or rights—whether known or unknown—arising out of or relating to:

Load Market’s use or non-use of Feedback;
Alleged similarity between Feedback and Load Market’s products or features;
Claims of unjust enrichment, implied contract, misappropriation, or idea theft.

15.6 Survival

This Section 15 survives termination or expiration of the Agreement indefinitely.

16. No Warranty (AS IS / AS AVAILABLE)

16.1 Services Provided “AS IS” and “AS AVAILABLE”

To the maximum extent permitted by applicable law, the Services are provided strictly on an “AS IS” and “AS AVAILABLE” basis, with all faults, and without warranties of any kind, whether express, implied, statutory, or otherwise.

Customer expressly acknowledges and agrees that use of the Services is entirely at Customer’s own risk.

16.2 Disclaimer of All Warranties

Load Market expressly disclaims all warranties, including but not limited to any implied warranties of:

merchantability;
fitness for a particular purpose;
non-infringement;
accuracy, completeness, reliability, or correctness of any data;
uninterrupted, timely, secure, or error-free operation;
availability, uptime, or performance of the Services;
compatibility with any hardware, software, system, or network.

No advice, statement, representation, or information - whether oral or written - obtained from Load Market or through the Services creates any warranty.

16.3 Data Accuracy & Operational Reliance

Without limitation, Load Market makes no warranty that any:

tracking data;
GPS or telematics data;
ETA calculations;
routing information;
fraud indicators;
ELD or TMS data;
chat messages, notifications, or documents;

are accurate, complete, current, timely, or reliable.

Customer agrees that any reliance on the Services or on any data provided through the Services is solely at Customer’s own discretion and risk.

16.4 Third-Party Systems & External Dependencies

Load Market does not warrant or guarantee the performance, availability, security, or accuracy of:

telecom networks;
mobile devices or operating systems;
GPS satellites or mapping providers;
email or SMS delivery systems;
ELD platforms, TMS platforms, APIs, or integrations;
cloud infrastructure or hosting providers.

Load Market has no control over external systems and disclaims all responsibility for failures, delays, inaccuracies, or interruptions caused by third parties or external factors.

16.5 Security Disclaimer

Customer acknowledges that:

no system is completely secure;
Load Market does not guarantee protection of data “in transit” across carrier networks, telecom systems, devices, operating systems, or third-party platforms;
Load Market cannot control the security or privacy practices of Customer devices, driver phones, telecom networks, email providers, or external systems.

Customer accepts all risks associated with transmission of data over public or private networks.

16.6 Economic Basis of the Service

Customer expressly acknowledges that:

the disclaimers of warranties set forth in these Terms are an essential part of the Agreement;
Load Market would not be able to provide the Services economically without these disclaimers;
Customer’s agreement to these terms is a material inducement for Load Market to make the Services available.

16.7 No Guarantees of Business Outcomes

Load Market does not warrant or guarantee any:

16.8 No Professional or Legal Advice

The Services do not provide legal, regulatory, safety, compliance, financial, or professional advice of any kind.
Customer acknowledges that any information provided through the Services is general in nature and must not be relied upon as a substitute for independent professional judgment or advice.

17. No Personal Liability of Owners, Officers, Employees, Contractors, or Affiliates

17.1 Absolute Limitation to Corporate Entity Only

Customer expressly agrees that LM Software Development LLC is the sole legal entity against which any claim, dispute, demand, or action may be asserted, if at all, under these Terms or in connection with the Services.
No claim may be asserted against any individual person associated with Load Market in their personal capacity, to the maximum extent permitted by applicable law.

17.2 Complete Immunity of Individuals

To the maximum extent permitted by applicable law, no owner, member, shareholder, director, officer, manager, employee, contractor, consultant, advisor, agent, or affiliate of Load Market shall have any personal, individual, joint, or several liability for any claim arising out of or relating to:

the Services;
these Terms;
tracking, data processing, or integrations;
support, onboarding, verification, or account approval;
access to or handling of data;
operational decisions;
alleged negligence, errors, omissions, or failures.

All such individuals are fully shielded from liability, whether such claims are based on contract, tort, statute, equity, negligence, strict liability, or any other legal theory.

17.3 Waiver of Claims Against Individuals

To the maximum extent permitted by applicable law, Customer irrevocably agrees that it shall not assert, bring, or maintain any claim, cause of action, demand, or proceeding against any individual associated with Load Market in their personal capacity, including without limitation under any theory of personal liability, alter ego, agency, control, negligence, or similar legal doctrine, arising out of or relating to the Services, these Terms, or Customer’s use of the Services.

17.4 Dual Roles / Outside Employment / Industry Participation

Customer acknowledges and agrees that:

owners, members, or employees of Load Market may simultaneously work for, consult with, own, or participate in other freight brokers, carriers, logistics companies, or technology platforms;
such dual roles do not create conflicts, duties, obligations, disclosure requirements, or liabilities of any kind;
no claim may arise based on alleged competition, data access, industry knowledge, or overlapping employment.

Customer waives any claim based on:

alleged unfair competition;
misuse of industry knowledge;
alleged access to information;
alleged influence over Customer decisions.

17.5 No Personal Duty of Care

Customer agrees that:

all duties under these Terms are owed solely by LM Software Development LLC as a company;
no individual owes any personal duty of care, fiduciary duty, confidentiality duty, or professional duty to Customer or any third party;
no individual is responsible for monitoring, supervising, or preventing misuse of the Services.

17.6 No Personal Responsibility for Data

Customer acknowledges that individuals associated with Load Market:

may access systems strictly in the course of providing support, maintenance, or operations;
do not assume personal responsibility for any data viewed, processed, transmitted, or stored;
cannot be held liable for data access, data exposure, or data misuse.

All responsibility for data usage rests with the Customer and applicable third parties.

17.7 Complete Release of Individuals

Customer hereby fully, irrevocably, and unconditionally releases all individuals associated with Load Market from:

all known and unknown claims;
all suspected or unsuspected claims;
all claims arising in the past, present, or future;

related in any way to the Services or these Terms.
Customer expressly waives any protections that would otherwise limit the scope of such release.
This release does not apply to claims arising from willful misconduct or fraud to the extent such claims cannot be waived under applicable law.

17.8 Survival

This Section 17 shall:

survive termination or expiration of the Agreement;
apply regardless of whether the Services are free or paid;
apply regardless of jurisdiction or forum;
apply even if any other provision of these Terms is found unenforceable.

18. Limitation of Liability

18.1 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOAD MARKET’S TOTAL, AGGREGATE, AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, THE PRIVACY POLICY, OR ANY CLAIM OF ANY KIND, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00).

This limitation applies in the aggregate and not per claim.
It applies regardless of the legal theory asserted, whether the claim arises from direct or indirect conduct, whether Load Market was advised of the possibility of damages, and whether the claim arises from paid, free, trial, or non-paid use of the Services.

‍Mutual Limitation of Liability.
‍The limitations of liability set forth in this Section 18 apply equally and mutually to all claims, demands, and causes of action asserted by Customer against Load Market and by Load Market against Customer, to the maximum extent permitted by applicable law. The parties acknowledge and agree that this mutual allocation of risk is a fundamental and essential basis of this Agreement.

18.2 Excluded Categories of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOAD MARKET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, CUSTOMERS, GOODWILL, OR REPUTATION, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, Load Market shall not be liable for any damages arising from or related to detention, layover, demurrage, accessorial charges, storage fees, missed appointments, business interruption, operational disruption, or service unavailability. Load Market shall also not be liable for any regulatory fines, penalties, enforcement actions, cargo claims, loss or damage to freight, or alleged violations of transportation, privacy, data protection, or telecommunications laws arising from or related to the use of the Services.

Load Market shall also not be liable for damages arising from or related to:
(a) inaccurate, delayed, incomplete, spoofed, manipulated, or missing tracking data;
(b) ETA calculations, routing outputs, or mapping information;
(c) ELD, GPS, telematics, or other vehicle-level data;
(d) AI-generated voice calls, messages, scripts, or other machine-generated outputs;
(e) Customer’s or any third party’s reliance on any such data or outputs; or
(f) data loss, data corruption, unauthorized access, disclosure, interception, or misuse of data, including Tracking Data, Account Data, or any other information, whether caused by Customers, Drivers, third parties, devices, networks, integrations, or external systems.

18.3 Application to Free, Trial, and Non-Paid Services

The limitation of liability set forth in this Section 18 applies equally to:
(a) paid subscription Services;
(b) free plans, trial features, beta functionality, demonstrations, and non-paid Services; and
(c) any use of the Services for evaluation, testing, or promotional purposes.
Customer acknowledges that free or trial access is provided solely for convenience and evaluation, that no additional duties or obligations are assumed by Load Market with respect to such use, and that all such use is subject to the same allocation of risk and liability cap set forth herein.

18.4 Third-Party Systems and External Infrastructure

Load Market shall have no liability for any failure, error, delay, inaccuracy, interruption, or damage caused by or attributable to third-party systems or factors outside Load Market’s control, including but not limited to:

mobile devices or driver phones;
operating systems or device hardware;
cellular networks, telecom carriers, ISPs, SMS or email providers;
GPS or satellite systems, signal limitations, or environmental conditions;
ELD platforms, TMS systems, telematics providers, APIs, or cloud infrastructure; and
AI-powered voice, messaging, or communication services.

LOAD MARKET DOES NOT GUARANTEE DATA SECURITY OR INTEGRITY IN TRANSIT BETWEEN CUSTOMER DEVICES AND THIRD-PARTY SYSTEMS AND DOES NOT CONTROL THE SECURITY OR PRIVACY PRACTICES OF EXTERNAL NETWORKS OR PROVIDERS.

18.5 Assumption of Risk

Customer acknowledges that use of the Services involves inherent technical, operational, and data-related risks, including inaccuracies, delays, interruptions, and unavailability.
Customer assumes all risk associated with any business, operational, legal, regulatory, or compliance decisions made in reliance on the Services or on any data provided through the Services.

18.6 Essential Economic Basis of the Agreement

Customer expressly acknowledges that this limitation of liability is a fundamental and essential basis of the Agreement and that Load Market would not provide the Services, whether free or paid, without this allocation of risk.
Customer further acknowledges that the pricing, feature set, and availability of the Services reflect this limitation.

18.7 Non-Excludable Rights

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY TO THE EXTENT SUCH LIMITATION OR EXCLUSION IS PROHIBITED BY APPLICABLE LAW.
In such cases, liability shall be limited to the maximum extent permitted by law and shall not exceed USD $100.00.

19. Indemnification

19.1 Broad Indemnification Obligation

Customer agrees to defend, indemnify, and hold harmless Load Market, LM Software Development LLC, and all of its past, present, and future owners, members, shareholders, officers, directors, managers, employees, agents, contractors, consultants, affiliates, successors, and assigns (each individually and collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, damages, losses, liabilities, judgments, penalties, fines, settlements, costs, and expenses, including reasonable attorneys’ fees and legal costs, arising out of or relating to Customer’s acts or omissions in connection with the Services.

19.2 Covered Claims (Non-Exhaustive)

This indemnification obligation includes, without limitation, any claim arising from or related to:

Customer’s access to or use (or misuse) of the Services, whether paid or free;
any tracking request sent by Customer, including any approval, rejection, or non-response by a Driver (mobile application) or by a Carrier in the case of ELD-based tracking
any sharing, forwarding, disclosure, or redistribution of tracking links, tracking data, documents, or location information;
failure to obtain, document, or maintain valid Driver consent under any applicable law;
inaccurate, incomplete, spoofed, delayed, or misleading data originating from Customer, Drivers, devices, ELD systems, TMS platforms, or third parties;
reliance on tracking data, ETA, routing, fraud indicators, AI outputs, or analytics;
interactions, disputes, or conflicts between Customer and Drivers, carriers, brokers, shippers, receivers, or any third party;
alleged privacy violations, data protection claims, or regulatory complaints;
alleged safety violations, accidents, injuries, or property damage involving Drivers or vehicles;
Customer’s violation of any applicable law, regulation, or industry rule;
Customer’s breach of these Terms or the Privacy Policy;
acts or omissions of Customer’s employees, contractors, agents, sub-users, or Drivers;
misuse, misconfiguration, or unauthorized use of integrations, APIs, ELD access, or credentials.
Without limiting the foregoing, Customer’s indemnification obligations expressly include any claims, fines, penalties, or liabilities asserted by or on behalf of any Telematics Provider arising from or related to Customer’s authorization, consent practices, or use of Telematics Data.

19.3 Third-Party Claims and Regulatory Actions

Customer’s indemnification obligations apply regardless of whether a claim is brought by:

a Driver;
a carrier, broker, shipper, or receiver;
a government authority or regulator;
a private litigant;
any third party who received tracking data directly or indirectly.

This includes claims asserted under privacy, data protection, consumer protection, transportation, labor, safety, or telecommunications laws, whether domestic or international.

19.4 Defense Control

The indemnification obligations under this Section 19 are conditioned upon Load Market providing Customer with prompt written notice of any claim for which indemnification is sought; provided, however, that any delay in providing such notice shall not relieve Customer of its indemnification obligations except to the extent Customer is materially prejudiced by such delay.
‍
Load Market reserves the exclusive right, but not the obligation, to:

assume control of the defense of any matter subject to indemnification;
select legal counsel of its choosing;
require Customer to cooperate fully in the defense.

Customer may not settle any claim in a manner that imposes any obligation, admission, restriction, or liability on any Indemnified Party without Load Market’s prior written consent.

19.7 ELD / Telematics Provider Indemnity; Pass-Through of Provider Claims

19.7.1 Telematics Provider Claims

Without limiting any other indemnification obligations set forth in these Terms, Customer shall defend, indemnify, and hold harmless the Indemnified Parties from and against any and all claims, demands, actions, proceedings, investigations, penalties, fines, settlements, liabilities, damages, losses, judgments, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or relating to any claim asserted by a Telematics Provider or by any third party in connection with ELD Data or any ELD Integration, including without limitation claims arising from or relating to:
(a) alleged lack of authorization, consent, lawful basis, disclosure, or permission to access, process, transmit, display, store, or share ELD Data;
(b) Customer’s breach (or alleged breach) of any ELD Provider Terms;
(c) Customer’s misconfiguration, improper credential handling, over-permissioned credentials, failure to implement access controls, or downstream exposure of ELD Data;
(d) Customer’s use, misuse, disclosure, or reliance upon ELD Data, including any allegations of unlawful monitoring, privacy violations, employment-related violations, discrimination, harassment, or unauthorized surveillance;
(e) any representation, warranty, assurance, or commitment made by Load Market to a Telematics Provider that is based on, derived from, or provided in reliance upon Customer’s representations, warranties, or obligations under these Terms; and
(f) any ELD Security Incident to the extent caused by or attributable to Customer systems, Customer credentials, Customer configuration, carrier actions, driver actions, or Telematics Provider systems.

19.7.2 Defense and Cooperation

Customer’s obligations under this Section 19.7 include the duty to defend the Indemnified Parties. Load Market reserves the right, but not the obligation, to participate in the defense with counsel of its choosing at Customer’s expense where permitted by law, particularly where a claim may materially impact Load Market’s relationship with a Telematics Provider or create platform-wide risk.

19.7.3 No Limitation by Liability Caps

Customer acknowledges and agrees that Customer’s indemnification obligations under this Section 19.7 are not limited by any limitation of liability cap set forth in these Terms and apply regardless of whether the Services are used on a free, trial, beta, or paid basis, to the maximum extent permitted by law.

19.7.4 Survival

This Section 19.7 survives termination, suspension, or expiration of these Terms.

19.7.5 Telematics Provider Enforcement Actions

Customer shall defend, indemnify, and hold harmless the Indemnified Parties from and against any and all claims, investigations, enforcement actions, suspensions, access revocations, penalties, fines, demands, or notices asserted by or on behalf of any Telematics Provider, arising out of or relating to:
(a) Customer’s requested use case or intended use of any ELD Integration;
(b) any downstream sharing, display, exposure, or use of Telematics Data or ELD Data by Customer or any downstream user;
(c) Customer’s breach or alleged breach of any ELD Provider Terms, approval conditions, usage restrictions, or marketplace requirements; or
(d) any representation, certification, or assurance made by Load Market to a Telematics Provider that is based on or derived from Customer’s representations under these

Terms.Customer expressly acknowledges and agrees that any suspension, termination, restriction, or revocation of ELD or Telematics access imposed by a Telematics Provider shall not constitute a breach by Load Market, and that Load Market shall bear no liability for any resulting business, operational, or commercial impact.

19.8 Independent of Other Limitations

Customer’s indemnification obligations are:

independent of and not limited by Section 18 (Limitation of Liability);
not subject to any monetary cap;
enforceable even if Load Market is alleged to be partially negligent, except where prohibited by applicable law.

19.9 Survival

This Section 19 survives:

termination or suspension of the Services;
deletion of Customer’s account;
expiration or termination of these Terms;
cessation of business relationship for any reason.

20. Electronic Communications & Electronic Signatures

20.1 Consent to Electronic Communications

Customer expressly consents to receive all communications, notices, disclosures, agreements, updates, invoices, legal notices, and other information related to the Services electronically, including but not limited to:

email messages,
in-app notifications,
dashboard or portal notices,
SMS or automated messages,
system-generated alerts,
postings on Load Market websites or applications.

Customer agrees that electronic delivery satisfies any legal requirement that such communications be provided in writing.

20.2 Electronic Acceptance & Binding Effect

Customer agrees that any of the following actions constitute a legally binding acceptance of these Terms and any related agreements:

clicking “I Accept,” “I Agree,” or similar buttons;
creating an account;
submitting a signup or verification form;
installing or using any part of the Services;
continuing to use the Services after notice of updated Terms;
authorizing payments through the Billing Portal.

Such actions constitute a valid electronic signature under applicable law, including the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA).

20.3 No Requirement for Physical Signatures

Customer expressly waives any requirement for:

handwritten signatures,
physical delivery of documents,
paper records, or
wet-ink execution.

All agreements, consents, authorizations, and acknowledgments entered into electronically shall have the same legal force and effect as if executed in writing and signed physically.

20.4 Responsibility for Receipt of Communications

Customer is solely responsible for:

maintaining accurate and current contact information;
ensuring that email addresses, phone numbers, and notification settings are valid and functional;
monitoring inboxes, spam folders, dashboards, and portals.

Load Market shall have no liability for any failure by Customer to receive, read, or act upon any electronic communication, regardless of cause.

20.5 Automated & System-Generated Communications

Customer acknowledges and agrees that certain communications may be:

automated,
system-generated,
AI-assisted, or
triggered by events or configurations.

Such communications are deemed valid, authorized, and binding, and do not require human review or intervention by Load Market.

20.6 Automated Email Communications & No-Reply Disclaimer

Customer acknowledges and agrees that certain emails sent by Load Market, including shipment updates, tracking notifications, status alerts, delay notices, unread message alerts, document notifications (including BOL or POD references), and other system-generated communications, are automated messages sent on behalf of a Customer.

Such emails are not intended to receive replies.

Load Market does not monitor, review, respond to, store, or act upon any replies, attachments, instructions, or information sent in response to automated emails, whether or not such replies are technically received.

Customer and all recipients acknowledge and agree that:

any reply to an automated email is sent at the sender’s own risk;
replies may be visible to unintended recipients due to email client behavior or reply-all functionality;
Load Market bears no responsibility for the content, disclosure, transmission, storage, forwarding, or misuse of any information sent in response to automated emails;
Load Market has no duty to secure, delete, intercept, filter, or respond to such replies.

Customer is solely responsible for:

instructing its customers, partners, shippers, receivers, and other recipients not to reply to automated emails;
ensuring that no sensitive, confidential, regulated, or shipment-critical documents or instructions are transmitted via email replies.

Any transmission of documents, instructions, or personal data in response to automated emails does not create any obligation, notice, knowledge, or responsibility on the part of Load Market.

20.7 Legal Notices

Any legal notice required or permitted under these Terms may be provided electronically and shall be deemed effective upon transmission, posting, or availability through the Services.
Customer waives any objection to the form, timing, or method of electronic notice delivery.

20.8 Survival

This Section 20 shall survive termination or expiration of these Terms and shall continue to apply to all electronic records, communications, and agreements created during Customer’s use of the Services.

21. Mandatory Arbitration Agreement

21.1 Agreement to Binding Arbitration

Customer and Load Market irrevocably agree that any dispute, claim, or controversy of any kind, whether based in contract, tort, statute, regulation, misrepresentation, negligence, or any other legal or equitable theory, arising out of or relating to:

these Terms,
the Services,
any tracking data,
any account, payment, or subscription,
any communication, disclosure, or action by Load Market,
any alleged data access, misuse, delay, or inaccuracy,

shall be resolved exclusively through final and binding arbitration, rather than in court, except as expressly permitted below.

21.2 Federal Arbitration Act

This arbitration agreement is governed by and enforceable under the Federal Arbitration Act (9 U.S.C. §§ 1–16) (“FAA”).
The arbitrator - not any court - shall have exclusive authority to resolve any dispute relating to:

the interpretation, applicability, enforceability, or formation of this arbitration agreement;
whether any claim is subject to arbitration.

21.3 Arbitration Administrator and Rules

Arbitration shall be administered by the American Arbitration Association (AAA) in accordance with the AAA Commercial Arbitration Rules, and not the Consumer Arbitration Rules, regardless of any characterization of Customer, end user, or downstream user.

The Services are offered and provided solely on a business-to-business (B2B) basis and are not consumer services. No Driver, individual, or downstream user is a customer of Load Market for purposes of arbitration or dispute resolution.

Drivers and other non-Customer users who accept these Terms are bound by this arbitration agreement solely with respect to their use of the Services, notwithstanding their non-Customer status.

21.4 Location and Format of Arbitration

Unless otherwise agreed by the parties:

the arbitration shall be conducted in Miami-Dade County, Florida, or
at Load Market’s election, remotely via videoconference, or
based solely on written submissions.

Customer waives any objection to venue, forum, or inconvenience.

21.5 Individual Basis Only

All arbitration proceedings must be conducted on an individual basis only.
Customer and Load Market expressly agree that:

no class actions,
no class arbitrations,
no collective actions,
no representative actions,

are permitted.

The arbitrator shall have no authority to consolidate claims or award relief to anyone other than the individual Customer.

21.6 Informal Resolution Requirement (Pre-Arbitration)

Before initiating arbitration, the party bringing a claim must first provide written notice of the dispute (“Notice of Dispute”) including:

a brief description of the claim;
the factual basis;
the specific relief sought.

Notices to Load Market must be sent by:

certified U.S. mail or recognized courier (signature required), and
email to: office@load-market.com

The parties agree to attempt in good faith to resolve the dispute informally for 90 days from receipt of the Notice.
If no resolution is reached, either party may proceed to arbitration.

21.7 Costs and Fees

Each party shall bear its own attorneys’ fees and costs, except as required by applicable law or AAA rules.

Customer acknowledges that arbitration may involve filing fees and administrative costs, and agrees that such costs are part of the agreed dispute resolution process.

21.8 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual claim in small claims court, provided:

the claim qualifies under applicable small claims limits;
the claim is brought on an individual basis only;
the claim is filed in Miami-Dade County, Florida.

21.9 Waiver of Court Proceedings

By agreeing to arbitration, Customer knowingly and voluntarily waives:

the right to bring claims in court;
the right to a trial by judge or jury;
the right to participate in discovery beyond what arbitration allows;
the right to appeal except as permitted under the FAA.

21.10 Survival

This Section 21 shall survive termination, cancellation, suspension, or expiration of these Terms and shall apply to any dispute arising at any time.

22. Governing Law

These Terms, the Services, and any dispute, claim, or controversy arising out of or relating to these Terms or the Services, whether in contract, tort, statute, or otherwise, shall be governed by and construed exclusively in accordance with the laws of the State of Florida, United States of America, without regard to any conflict-of-laws principles that would result in the application of the laws of another jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms or the Services and is expressly excluded.

23. Waiver of Jury Trial & Class Actions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AND LOAD MARKET EACH IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR DISPUTE OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE.

CUSTOMER EXPRESSLY AGREES THAT ALL CLAIMS, DISPUTES, OR CONTROVERSIES AGAINST LOAD MARKET MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER PROCEEDING IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

WITHOUT LIMITING THE FOREGOING, CUSTOMER EXPRESSLY WAIVES ANY RIGHT TO:

PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION;
JOIN OR CONSOLIDATE CLAIMS WITH THOSE OF ANY OTHER PERSON OR ENTITY;
ACT AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR IN ANY REPRESENTATIVE CAPACITY;
SEEK RELIEF ON A CLASS-WIDE, COLLECTIVE, OR REPRESENTATIVE BASIS.

THIS WAIVER APPLIES REGARDLESS OF:

WHETHER THE CLAIM IS BROUGHT IN ARBITRATION OR IN COURT;
WHETHER THE CLAIM IS BASED ON STATUTE, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY;
WHETHER THE CLAIM SEEKS DAMAGES, INJUNCTIVE RELIEF, DECLARATORY RELIEF, OR ANY OTHER REMEDY.

CUSTOMER ACKNOWLEDGES AND AGREES THAT THIS WAIVER IS A MATERIAL AND ESSENTIAL PART OF THESE TERMS AND THAT LOAD MARKET WOULD NOT PROVIDE THE SERVICES WITHOUT THIS WAIVER.

IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY PORTION OF THIS SECTION IS INVALID OR UNENFORCEABLE, SUCH PORTION SHALL BE SEVERED, AND THE REMAINDER OF THIS SECTION SHALL CONTINUE IN FULL FORCE AND EFFECT TO THE MAXIMUM EXTENT PERMITTED BY LAW.

This Section 23 applies independently of, and in addition to, the arbitration agreement set forth in Section 21, and shall apply to any dispute to the extent such dispute is permitted to proceed in court.

24. Venue if Arbitration Unavailable

If, and only if, the arbitration agreement set forth in Section 21 is found to be unenforceable, invalid, or inapplicable to a particular dispute by a court of competent jurisdiction, then any lawsuit, action, or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located within Miami-Dade County, Florida, United States of America.

Customer irrevocably:

submits to the exclusive personal jurisdiction of such courts;
consents to venue in such courts;
waives any objection based on improper venue, forum non conveniens, or lack of jurisdiction; and
agrees not to bring any claim or proceeding in any other court or jurisdiction.

This venue selection is an essential element of this Agreement, and the Services would not be provided without it.

25. Claim Filing Deadline

To the maximum extent permitted by applicable law, any claim, demand, dispute, or cause of action of any kind, whether based in contract, tort, statute, equity, or otherwise, arising out of or relating to the Services, these Terms, the Privacy Policy, or any interaction with Load Market (including any alleged act or omission), must be initiated within six (6) months from the date the claim first arose.

If a claim is not filed within this six (6) month period, such claim is permanently barred, waived, and extinguished, regardless of any longer statutory limitation period that might otherwise apply.

Customer expressly agrees that this shortened limitations period is reasonable, enforceable, and a material condition of Load Market’s provision of the Services.

This limitation shall not apply where prohibited by applicable law.

26. No Third-Party Beneficiaries

These Terms are entered into solely between Load Market and the Customer. No provision of these Terms is intended to confer, nor shall be deemed to confer, any rights, remedies, benefits, or causes of action upon any third party, including but not limited to drivers, shippers, receivers, carriers, brokers, dispatchers, consignees, technology providers, or any other individual or entity.

No third party shall have any right to enforce these Terms, to rely upon any provision herein, or to assert any claim against Load Market based on these Terms, the Services, or any use or non-use thereof.

Customer acknowledges and agrees that all rights and obligations under these Terms exist exclusively between Customer and Load Market, and that any disputes involving third parties must be resolved solely between those parties without involving Load Market.

27. Service Modification & Suspension

Load Market may modify, suspend, restrict, or discontinue the Services, in whole or in part, at any time, in its sole discretion, with or without notice, subject only to applicable law.

27.1 Right to Suspend, Restrict, or Terminate Accounts

Load Market may, in its sole discretion and without obligation to provide advance notice, suspend, restrict, limit, or terminate any Customer account, access to the Services, or specific features, if Load Market reasonably determines that such action is necessary or appropriate due to:
(a) a violation or suspected violation of these Terms;
(b) security, fraud, abuse, or risk concerns;
(c) legal, regulatory, or compliance obligations;
(d) misuse, misconfiguration, or unauthorized use of the Services;
(e) non-payment or billing issues;
(f) operational, technical, or business considerations; or
(g) protection of Load Market, its Customers, Integration Partners, or third parties.

Nothing in this Section requires Load Market to provide notice, explanation, or justification prior to taking such action, except where required by applicable law.

27.2 No Liability, No Refunds, No Remedies

Customer expressly acknowledges and agrees that, to the maximum extent permitted by applicable law:

Load Market shall have no liability of any kind arising from or related to any suspension, restriction, termination, deletion, or discontinuation of access to the Services;
Customer is not entitled to any refund, credit, compensation, damages, or remedy of any kind, regardless of subscription status, prepaid fees, unused tracking requests, or remaining billing period;
Customer irrevocably waives any and all claims, whether known or unknown, arising from or related to account termination, suspension, deletion, loss of access, or data removal;
Load Market has no obligation to preserve, export, return, or provide access to any Customer data following termination, suspension, or deletion;
Customer’s sole and exclusive remedy, in the event of dissatisfaction with the Services or any termination decision, is to discontinue use of the Services.

27.3 Fundamental Condition

Customer acknowledges and agrees that the rights described in this Section 27 are a fundamental, essential, and material condition of this Agreement, and that Load Market would not provide the Services without this allocation of rights and risk.

28. Entire Agreement & Severability

These Terms, together with the Privacy Policy and any written Service Orders or addenda expressly incorporated by reference, constitute the entire and exclusive agreement between Customer and Load Market regarding the Services and supersede all prior or contemporaneous agreements, communications, representations, understandings, or statements, whether written or oral.

Customer acknowledges that no reliance is placed on any statement, promise, marketing material, website content, sales discussion, or other communication not expressly set forth in this Agreement.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect without impairment.

29. Contact Information

LM Software Development LLC
Email: office@load-market.com