Day Dispatch | Transport Company

1. The DayDispatch System:

At the DayDispatch Site, we provide an Internet-based system (known as the DayDispatch System) that enables both individual and company Members (referred to as Shipper Members) with vehicles to connect with transportation entities, whether individual or company Members (referred to as Carrier Members).

This system allows Shipper Members to:

Post information about vehicles available for shipment or services related to vehicle transportation. It includes references, insurance coverage proof, government licenses, and other relevant data. Other members can review this information if they are interested in initiating a business relationship.

Evaluate whether other members would be interested in establishing business relationships.

Additionally, the DayDispatch System may allow Members to "rate" one another or share information that could benefit others, such as details about truck stops, repair centres, and insurance companies.

You have understood that we cannot promise the reliability, completeness, usefulness, safety, or accuracy of the information found on the DayDispatch Site. It includes information provided through the DayDispatch System. Data supplied by DD Members is exclusive, and we have no control over it.

2. Members' Accountabilities at the DayDispatch

A. Carrier Member

Carrier members entering into business relationships with Shipper Members are solely responsible for adhering to all relevant industry and professional standards. Ensure the following responsibilities:

1) Transporting vehicles as scheduled, ensuring delivery is made within the agreed timeframes and at the specified price.
2) Communicating the status of the shipment to the shipper throughout the shipping process. It includes promptly notifying all relevant parties of any damage, loss, theft, or unexpected delays in vehicle pickup or delivery.
3) Using DayDispatch's "Dispatched to Me" page to update shipment status.
4) Handling vehicles carefully to avoid damage.
5) Provide DayDispatch with a copy of the bill of lading in the event of a dispute with a shipper.
6) Delivering a completed and signed bill of lading or vehicle condition form to the appropriate parties upon delivery of the vehicle.
7) Manage damage claims fairly and responsively.
8) Quickly forward COD payments that surpass the agreed carrier payment to brokers or relevant parties when necessary.
9) Interacting with all parties professionally and courteously.
10) Maintain adequate insurance coverage along with all necessary licenses and bonds at all times.
11) Complying with all legal obligations, including those of the Federal Motor Carrier Safety Administration (FMCSA).

B. Shipper Member

Suppose you are a Member and belong to one of the following categories — broker, dealer, freight forwarder, auctioneer, salvage movers, corporate relocation specialist, manufacturer, rental agency, Carrier Member, or a company or organization that posts or dispatches vehicles for shipment on the DayDispatch Site (collectively referred to as a "Shipper Member"). You establish a business relationship with another Carrier Member or Shipper Member. You are all requested to ensure the following standard.

You are fully responsible for adhering to all prevailing industry and professional standards, including, but not limited to:

1) Delivering the agreed-upon vehicle(s) to carriers at the scheduled time and price.
2) Ensure that all outstanding balances owed to carriers are paid promptly.
3) Ensure that the bill of lading accurately reflects the condition of the vehicle at the time of pickup.
4) Provide DayDispatch with a copy of the signed bill of lading in case of a dispute with a Carrier Member. In addition, provide any evidence showing the terms of the transaction with any Shipper Member.
5) Once agreeing to ship the load, hide on the DayDispatch site.
6) Engaging professionally and respectfully with all members, DayDispatch, and its business partners.
7) It is imperative that you maintain sufficient insurance coverage, as well as any required licenses and bonds.
8) Adhering to all applicable laws, rules, and regulations.

C. General Requirements for All Members

Every Member acknowledges and agrees to the following requirements:

1) Freight fees must be pursued separately from damage and loss claims against a carrier.
2) According to the Interstate Commerce Act (49 U.S.C. § 10761) and related administrative rulings, contracted freight fees cannot be retained or delayed as a means of settling any claim for damage or loss.
3) Make sure the damage or loss claims will only be paid after freight charges have been paid.

DayDispatch may review Members' compliance with the obligations outlined in subsections (A) and (B) above, as well as any applicable laws, regulations, or industry standards. Still, it is not required to do so. DayDispatch disclaims any responsibility for Members' actions, including their adherence to Section 2. DayDispatch reserves the right to suspend or terminate your Membership and/or access to the Site or its features at its sole discretion. It is due to non-compliance with these Terms of Use or another reason. It is the sole obligation of each Member to select which other Members to engage with. In addition, they verify those Members' credentials.

3. Registration of Members

A. If you are pursuing to be a member in the DayDispatch, you must agree to:

1) Provide accurate, updated, and complete profile data, as prompted on the DayDispatch registration form.
2) Maintain and update your profile information, including your email address, to keep it fresh, accurate, and complete.

In case any information that you acknowledge but share is false, inaccurate, obsolete, or incomplete, DayDispatch has the right to suspend or terminate your Membership or access to our Site.

B. You may be asked to select a username and password, as it is part of the registration process. We reserve the right to deny any username that impersonates another person, is illegal, infringes on trademark or proprietary rights, is vulgar or offensive, or may cause confusion. Our determination regarding these criteria is at our sole discretion.

C. Selling or transferring the DayDispatch access is strictly prohibited.

D. YOU HEREBY ACKNOWLEDGE THAT YOU WILL NOT USE ANY ID OR PASSWORD NOT DIRECTLY ASSIGNED TO YOU. IT IS A VIOLATION OF THE DAYDISPATCH "TERMS OF USE" AND YOU ARE OBLIGED TO IT.

E. YOU MUST ACKNOWLEDGE THAT YOU WILL KEEP YOUR LOGIN ID AND PASSWORD CONFIDENTIAL. YOU MUST NOTIFY US IMMEDIATELY IF YOU FEEL ANY SECURITY RISK OR SUSPECT THAT ANYONE HAS ACCESSED YOUR ACCOUNT LOGIN ID AND PASSWORD. FURTHERMORE, YOU ARE OBLIGED TO AGREE THAT YOU ARE RESPONSIBLE IF ANY ACT OR OMISSION OCCURS VIA YOUR ACCOUNT PRIOR TO THE DATE AND TIME, AND NOTIFY US OF SUCH A SECURITY INCIDENT.

4. Intellectual Property Rights

A. Limited License

Subject to these Terms of Use and the prompt payment of all subscription fees, we grant you a limited, non-exclusive, non-transferable, and non-sublicensable right and license to: (i) access and use the Site as made available by us, and (ii) utilize all the data, text, graphics, images, and links (collectively referred to as the "Content") shown on the Site. This permission is provided solely to help you assess whether you would like to establish business relationships with other Members or internal business purposes.

B. Restriction on Use

You agree to access the Site and the Materials solely for the purposes outlined in the Terms of Use. You will comply with all applicable laws, rules, and regulations while using the Site and Materials. You also commit not to allowing anyone else to do the following:

a) No part of the Site, including any Materials or other Content or information available on or through it, may be copied, scraped, reproduced, republished, downloaded (except as permitted here), uploaded, posted, displayed, transmitted, distributed, or otherwise used without our written permission.
b) Decompile, disassemble, or try to reverse engineer the Site or any part of it, or find out or try to find out any source code, algorithms, methodologies, or techniques utilised on the Site;
c) Change, translate, or make original works based on the Site or the Materials;
d) Give, sell, rent, lease, assign, sublicense, pledge, or in any other way give the Site or Materials, in whole or in part, to anyone else;
e) Take down or change any copyright, trademark, or other property notices, markings, symbols, or labels on or in the Site or the Materials; or
f) Use any part of the Site or Materials in other compilations, materials, goods, or services.

You can't use robots, screen scrapers, or spiders to gather automatically or index information in the Materials or on the Site. You agree not to use automated methods to collect email addresses for marketing or spamming purposes when accessing the Site and its features and services.

If you break any of the rules in this Section, we may immediately suspend or end your Membership and/or access to the Site. We may also seek fair redress under these Terms of Use and the law, but only if we choose to do so.

C. Ownership

The Site is operated exclusively by DayDispatch and others pursuant to a contractual arrangement. DayDispatch and its licensors and suppliers retain all rights, materials, and intellectual property. The Site and its materials, including their selection, compilation, collection, arrangement, and assembly, are protected by U.S. and international copyright, trademark, and other laws. You agree that these rights are valid and irrevocable. The Materials may only be used as needed for your authorised use of the Site. This is done following the Terms of Use provided here or as specifically authorised in writing by us. Any modifications to the Materials or their use for purposes other than intended are considered violations of DayDispatch's copyright and other proprietary rights. Such actions are strictly prohibited.

As a user of the Site or the materials, you acknowledge that you have no ownership rights to them. All rights not explicitly granted to you are reserved to DayDispatch, its affiliates, and its licensors. If you download software from the Site, it is licensed to you by DayDispatch or the software's owner on a limited basis. You do not own the software itself, although you may own the medium on which it is stored. DayDispatch retains intellectual property and software rights. You cannot resell, decompile, reverse engineer, disassemble, or convert software into a human-readable format. In addition, you cannot transfer the software to a third party.

The trademarks, logos, and service marks displayed on the Site (collectively referred to as the "Trademarks") are the registered and unregistered trademarks of DayDispatch, its licensors, suppliers, and others. DayDispatch trademarks, whether registered or unregistered, may not be applied to products or services that DayDispatch does not provide. You are also prohibited from using these trademarks to confuse customers or damage DayDispatch's reputation. There is no license or right granted to use any trademark on this Site. This is whether by implication, estoppel, or other means, without the trademark owner's express written permission. Trademark misuse is prohibited. DayDispatch will actively enforce its intellectual property rights regarding these trademarks, including through civil and criminal proceedings.

5. Updates and Modifications Right

DayDispatch reserves the right to withdraw, suspend, or discontinue the Terms of Use at any time. Also, we reserve the right to withdraw from any content available on the Site, any features or functionality in or on DayDispatch, including the discontinuance of all activities within the Site, with or without notice. Plus DayDispatch holds the right to update and modify the Terms of Use from time to time. You can access the modified version once it's posted "Updated or Modified Version" of the Terms of Use to the Site. You are required to check actively on a regular basis and monitor site changes or updates. To continue to use the DayDispatch, you must have to acknowledge all updates and modifications in the Terms of Use on the Site.

6. Legal Code of Conduct

While using the DayDispatch site, you must acknowledge:

A) Don't involve using the Site for any improper, illegal, abusive, harassing, libellous, defamatory, obscene, or threatening purpose, or any violation of the Terms of Use.
B) Ensure that no visitor or Member is restricted from using the Site, including but not limited to actions such as hacking, denial-of-service attacks, or defacing any part of the Site.
C) Not allowed to make any statement about a site without DayDispatch's written consent.
D) Not to transmit (i) any material or data that is illegal, fraudulent, threatening, abusive, libellous, defamatory, and obscene, otherwise it might be objectionable by DayDispatch, third party intellectual right or other right; (ii) any data or non-public information about entities, and companies without their authorization to do so; (iii) any business secret of any party; (iv) Advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, and other unsolicited commercial communications are prohibited unless expressly permitted by us. Additionally, spamming or flooding our platform is not allowed.
E) Ensure we do not find you spamming or flooding.
Not through transmitting any harmful or destructive material involving viruses, worms, Trojan horses, defects, date and time bombs, or any other such material that causes harm to the Site.
G) Do not frame or mirror any part of the Site without DayDispatch's prior written authorization.
H) Do not hyperlink any site page except the home page.
I) Strictly prohibited to use a robot, spider, site search or retrieval application, or any manual or computerized device or process to retrieve and index "data mine" or in any way to copy or exploit the navigational structure or presentation of the Site or its contents.
J) Not allowed to collect data about DayDispatch visitors to the Site without their expressed consent.

7. Information and Materials at DayDispatch Site

Although the Site strives to provide useful and accurate information, it changes frequently. Still, it may not be up-to-date, accurate, or complete information. The reason is that much of the data is contributed to the Site by industry contributors and DayDispatch members. The inclusion of this information does not imply our endorsement of any such providers or members, and we explicitly disclaim any liability related to the above. Sometimes, we may share forms with them that our members may use for contracting with one another. However, we are not involved in such contracting forms; these forms are also not part of endorsement, hence we explicitly disclaim any obligation regarding the foregoing. Members are solely held accountable for entering into business with other members and on what terms.

8. Data You Share with DayDispatch

Whatever information you share with us, such as feedback, suggestions, and comments to optimize the Site, we reserve the right to incorporate some or all into the Site. You grant us a global, perpetual, non-exclusive, sub-licensable, and royalty-free license to use, reproduce, distribute, transmit, disclose, display, modify, and create derivative works from any feedback, Content, data, information, or other data you provide or receive through the Site. DayDispatch complies with all enforceable laws and any pacts between you and us when using the materials. No matter what contradictory statements may appear elsewhere in these Terms of Use, if any part of the Site, or any version or enhancement of it, is not explicitly acknowledged as owned by DayDispatch, its affiliates, or any licensors or suppliers, you hereby transfer all your rights, title, and interest in the Site, including any updates or upgrades, to DayDispatch. You agree to sign any necessary documents to facilitate the objectives outlined in this Section.

Furthermore, without limiting any other provisions in these Terms of Use, you agree not to submit any material, data, or information that violates the law or third-party rights. It includes unreliable, incomplete, inaccurate, offensive, libellous, defamatory, or objectionable material. DayDispatch and its affiliates may utilize any means they find appropriate to access any Feedback, Content, data, or other material you submit and/or receive through the Site. This includes accessing your account.

9. Rating Rights and Restrictions

Submitting a rating to any site about another member shows that you have disclosed your business relationship directly with that Member. You rate the Member with true faith and accurately portray your experience with such a member. If we find you involved in any false rating, or if you do not accurately express the experience with a business member, whether it is a positive or negative rating, we will suspend or terminate your account, or may deny access to rate any member next time. While DayDispatch cannot control the flow of information you provide, we reserve the right to reject or remove from the Site at any time with or without reason.

10. Relationships with Other Business Partners

Understand and acknowledge the Site; the DayDispatch system helps you connect with individuals and large companies involved in the transportation business with smart tools to manage your business.
You also acknowledge that DayDispatch has no monitoring, enforcement, or any other commitments or responsibilities regarding the relationship with your business partners' (members) information or data provided by them, about their business, or any other business partnerships between members.
You need to understand, acknowledge, and agree that if you enter into a business relationship with any member, you will be solely responsible. That partnership is at your own risk. You are solely accountable for managing your business partnership and exercising any rights and claims you may have exclusively against such members.
Whatever agreement regarding transportation related that you may have entered into by accessing and using the Site with other members (Shippers, Brokers, Carriers, Salvage Movers, Manufacturers, Rental Agencies, Owner Operators, Fleet Companies, Small Businesses, or Any Other Members) is solely between you and the regarding Member. DayDispatch expressly disclaims all liability arising from or in connection with any such contract or agreement, including broker liability.
We do not promise that any vehicle you submit for transport will be picked up or delivered on any specific date, nor that any vehicle will arrive free of mechanical or aesthetic issues or damage.
You must acknowledge and agree that if you have any dispute with any business partner (Member) whether it is one or more, DayDispatch and its affiliates, are not responsible for any claim, damage, and demand of any kind or nature, whether it is intended or accidental, arising out of, or in any way connected with such disputes.
If you are a California resident, you acknowledge and agree to waive all your rights under California Civil Code Section 1542. This Section states: "A general release does not extend to claims that the creditor is not aware of or suspects exist in their favour at the time of signing the release. If the creditor knew these claims, it would have materially affected their settlement with the debtor."

11. Not Providing Any Legal Advice

At DayDispatch, the personnel, agent suppliers, or any affiliated person associated with the Site is not involved in providing you any legal advice, through any segment of data, information, content, or any materials on the Site (including, but not limited to, contracts, disclaimers, and menus). DayDispatch is not engaging in any legal practice.

Accessing, sharing, receiving, or relying on any contracts, forms, or other materials, data, content, or information from DayDispatch does not establish a client-attorney relationship between you or any other person and DayDispatch.

Legal advice must be tailored to each case's specific circumstances, and laws change constantly. In this regard, nothing provided here should be construed as an alternative to the advice of a qualified attorney licensed in the relevant jurisdiction. This advice should pertain to your particular circumstances.

12. Membership Suspension and Termination

Each of your operations on the Site is subject to these Terms of Use. Moreover, as long as you are a DayDispatch member, this set of Terms of Use will endure in force between you and us, except sections 4(b), 4(c), 8, 9, 10, 11, 12, 17, 18, 19, 21, 23, 24, and 25 which will terminate or suspend your DayDispatch Membership.

You can cancel your subscription at any time by reaching out to support@daydispatch.com, but note that your cancellation will only take effect in the next billing cycle. If you have prepaid your subscription costs in advance for an extra calendar month, your subscription will stop at the end of the latest paid month.

Please note that subscription fees are non-refundable if paid before cancellation. You also agree that we may, at any time and without prior notice, suspend or terminate your use of the Site or any part of it, with or without cause. Upon termination, expiration, or suspension of your Membership, your right to use the Site will end immediately, and you will be required to destroy any materials or copies of them, whether created in compliance with these Terms of Use or not.

13. Fees and Payment At DayDispatch

A) Monthly Subscriptions: You acknowledge that you will pay your monthly subscription and other charges in accordance with the DayDispatch rate scheme in effect from time to time. These charges are non-refundable and may be tiered based on your operation at the Site in the previous month and payable due date when your account was activated each month (or at the end of the month if your account was not activated in the current month) while on Membership. DayDispatch has the right to change its rates and terms for monthly subscriptions. Changes will be updated on the Site. Once you accept the changes, you can continue to use the Site.

B) Annual Subscription: You acknowledge that if you have an annual subscription, you will pay your yearly fee at enrollment time. Annual subscription fees are due and must be paid within 10 days after the last day of each subscription month. In case of termination, upon termination of the agreement without DayDispatch's fault, all the sums payable will be paid immediately. They will be due and payable within 10 days of DayDispatch's notice. DayDispatch reserves the right to change the charges for annual subscriptions at any time after the contract's 12-month term, by sending you 30 days' notice of updates. If you do not agree with DayDispatch's fee changes, you may terminate your account by notifying us of your intent to terminate. You will send your notice to support@daydispatch.com within 30 days of the fee changes. Termination will take effect on the last day of the current calendar month.

C) Renewal & Auto Pay Subscription: Your DayDispatch account will continue and automatically maintain your subscription until terminated. You must have internet facilities to operate the DayDispatch site and add payment methods. It should be correct, valid, current, and generally accepted, and may be updated within a time framework. If you intend not to renew for the next billing cycle, you must cancel your Membership and remove the payment method before the date. DayDispatch reserves the right to charge our members automatically.

D) Other Payment Terms: These Terms of Use do not waive sales, use, or other taxes. Defaulting accounts are immediately suspended or terminated without notice. Day Dispatch does not adjust subscription charges for partial months. If you pay by debit or credit card, and if DayDispatch did not receive that amount from the issuer, you are liable to give us the entire amount on demand.

14. Account Freezing

To freeze your account, you can reach support@daydispatch.com. You may not be charged for up to 90 days if your account is in good standing and has no amount in it. Freezing offers you the option to deactivate your Membership temporarily without cancelling your account. After 90 days, your account will be automatically activated at the then-current subscription rate, and on the next day, you can renew it. You can also reactivate your frozen account before the end of the 90 days by logging into the DayDispatch site or reaching out to support@daydispatch.com.

15. Promo Codes

You acknowledge that if you entered a promo code upon registration, the terms of the code (if any) are subject to these Terms of Use. If there is any conflicting point between promo terms and site terms, the site Terms of Use will govern. Promo Codes expire six (6) months after they are entered into the system, unless otherwise stated.

16. Disclaimers

ALL OF THE CONTENT ON THE SITE AND ANY MATERIALS, PRODUCTS, OR SERVICES ACQUIRED FROM US ARE ON AN "AS IS" BASIS, AND COME WITHOUT ANY EXPRESS OR STATUTORY WARRANTIES, EXCLUDING BUT NOT LIMITED TO DAYDISPATCH AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS. DAYDISPATCH AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS PROVIDE NO OTHER WARRANTIES FOR THESE PRODUCTS. IT MAY INCLUDE TITLE, PRECISION, MERCHANTABILITY, OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE STATEMENT IS ENFORCEABLE WITHOUT APPLICABLE LAW AND THE EXCLUSION OF IMPLIED WARRANTIES.

DAYDISPATCH, ALONG WITH ITS ASSOCIATES, SUCH AS SUPPLIERS, ADVERTISERS, AND AGENTS, MAKES IT CLEAR THAT THERE IS NO WARRANTY WITH RESPECT TO THE SITE'S OPERATION, ITS CONTENT, ANY SOFTWARE, PRODUCTS, OR SERVICES. ALSO, IT IS FOR SEAMLESS AND FAULTLESS ACCESS. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO ACCESS AND USE THE SITE WITH ALL THE REQUIRED COMPUTER HARDWARE, TELEPHONE, AND OTHER EQUIPMENT. YOU MUST MAINTAIN THE SAME. IT IS ALSO NECESSARY TO PAY ALL APPLICABLE CHARGES. USE OF THE SOFTWARE AND RESOURCES AVAILABLE ON THE SITE IS AT YOUR OWN RISK.

DAYDISPATCH, ITS AFFILIATES, AND OTHER ASSOCIATED PARTIES, INCLUDING ADVERTISERS AND MEMBERS, MAKE NO CONTRACTUAL OBLIGATION OR WARRANTY BASED ON ANY OPINIONS, ADVICE, OR STATEMENTS OFFERED ON THE SITE OR SOFTWARE. DAYDISPATCH MAY, AT ITS SOLE DISCRETION, MAKE CHANGES TO ANY SOFTWARE OR ASSOCIATED HARDWARE, INCLUDING ADVERTISERS AND STORAGE CAPABILITIES. THE SITE, AS WELL AS ANY OTHER RESOURCES LINKED TO OR ASSOCIATED WITH IT, SHALL BE USED AT YOUR OWN RISK.

17. LIABILITY LIMITATIONS

DAYDISPATCH OR ITS ASSOCIATES, INCLUDING OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORSHIPS, AND OTHER PARTNERS, WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, CONTINGENTIAL, OR OTHER DAMAGE, UNDER ANY CIRCUMSTANCES. WHETHER BASED IN CONTRACT, TORT AT OR OTHERWISE, RELATING IN ANY WAY TO THE SITE AND THE SERVICES AND ANY OTHER MATERIALS AVAILABLE ON THE SITE, THE INFORMATION CONTAINED WITHIN THE SITE, OR RELIANCE ON ANY INFORMATION, MATERIALS OR RESULTS PROVIDED TO OR RECEIVED THROUGH THE SITE WHICH DAYDISPATCH HAS BEEN ADVISED ON, EVEN IF DAYDISPATCH HAS BEEN ADVISED OF THE DAMAGES.

DAYDISPATCH'S LIABILITY, IF ANY, RESULTING FROM YOUR USE OF ANY OF THE SITE IS GOVERNED BY THE APPLICABLE AGREEMENT WITH DAYDISPATCH, IF ANY. ANY LIABILITY THAT DAYDISPATCH MAY HAVE PURSUANT TO SUCH AGREEMENT WOULD BE TO THE PARTY THAT AUTHORIZED YOU TO USE THE SITE AND NOT YOU PERSONALLY. YOUR ONE AND ONLY REMEDY FOR ANY DISSATISFACTION WITH THE SITE AND RELATED SERVICES, APPLICATIONS, CONTENT, OR INFORMATION IS TO STOP ACCESSING THE SITE AND/OR THOSE SERVICES, APPLICATIONS, MATERIALS, OR INFORMATION.

18. Indemnification

You acknowledge to indemnify, defend, and hold DayDispatch and its associates, including their respective directors, officers, members, agents, sponsors, employees, and individual contractors, free from any claim or assertion (including attorneys' fees) brought by any external party due to or arising out of:

A) Data, information, content, and material you post, submit, or share through the Site.
B) Any linkage or access to or use of the Site and related services, whether authorized or not.
C) Your dependency on any content accessible through the Site.
D) Any material, data, information, or content received through the Site.
E) Negligence, omissions, or misconduct on your part.
F) Violation of any other party's rights on your part.
G) Failure of any transaction conducted through the Site.
H) Any representation or communication between you and another member.

19. External Links on Site

The DayDispatch content may contain external links, including affiliated websites, which may or may not be operated by the DayDispatch site. Not all links are filtered, and we have no control over such websites. The materials on such linked sites, any updates or changes to such websites, the services offered through such websites, or their privacy or other practices are not our responsibility, unless otherwise expressly agreed by us.

By providing these links, we do not endorse or approve the content of any linked websites. These hyperlinks are provided solely for your convenience. We strongly recommend that you carefully review each website’s Terms of Use and policies before accessing or engaging with them.

20. Acknowledge Confidentiality

Confidential information refers to any non-public data or proprietary information disclosed by DayDispatch and its affiliates, including but not limited to financial, business, scientific, technical, economic, or engineering information. Such information may be provided through the Site, and you agree to keep it private and confidential, whether related to site operation or otherwise. You must exercise the same level of care to protect this information as you would for your own confidential data.

You are prohibited from disclosing any confidential information unless DayDispatch has provided explicit written authorization. All confidential information shall remain the property of DayDispatch and its affiliates, and shall not be transferred, sold, or licensed to you in any manner. In the event of termination—whether related to these Terms of Use, access to the Site, or any other agreement—you must promptly return or destroy all confidential data belonging to DayDispatch or its affiliates. You are also required to comply with DayDispatch privacy policies, as well as applicable data protection laws, rules, and regulations, whether current or enacted in the future.

Without limiting the general scope of the above, you acknowledge and agree that you will not disclose, use, or share any confidential information with third parties, except as expressly permitted under applicable laws or these Terms of Use.

You further acknowledge and agree that:

A) DayDispatch or its affiliates will suffer irreparable harm in the event of your breach of confidentiality.
B) In case of such harm, legal remedies alone may be inadequate.
C) DayDispatch and its affiliates shall be entitled to seek both temporary and permanent injunctive relief, in addition to monetary damages, for any breach.
D) DayDispatch and its affiliates shall not be required to provide bonds or other security in order to obtain injunctive relief as described above.

This clause shall remain enforceable regardless of whether the Terms of Use, any relevant access agreement, or any other agreement between DayDispatch and the entity that permitted you to use the Site has been terminated.

21. Use of Entity Name

At DayDispatch's option and expense, you agree to authorize us with the right to use the entity name you are representing (if any), including reproduction of such company's trademark, trade name, service mark, and logo.

22. Copyright Law

The DMCA, or Digital Millennium Copyright Act, was enacted in 1998 to assist copyright holders in managing Content considered to infringe their copyrights in relation to U.S. copyright law. Should you, in good faith, feel that DayDispatch is hosting infringing materials, you or your representative may send us a notice requesting removal or disabled access to the disputed Content.

The notice shall include:

A) The electronic or physical signature of the individual authorized to represent on behalf of the owner of the exclusive right purported to have been infringed;
B) The identification of the copyrighted work alleged to be infringed (or in case of more than one copyrighted material available on the Site, which are the subject of a single notification, an indicative list of such works);
C) The identification of the Content allegedly claimed to be infringing or subject to the infringing activity and data reasonably precise to aid DayDispatch in locating such material on the Site;
D) Reasonable data which would help DayDispatch to establish contact with the complainant party, such as telephone number, email address, and an address.
E) A statement of belief concerning the material in which the complaining party assumes in good faith that the same has been used unauthorizedly.
F) A statement showing accurate notification information, and under penalty of perjury, the accused party says he is acting for a party whose exclusive right has been breached and is therefore authorized to bring the claim.

Any counter-notices and notices pertaining to the Site ought to be sent to DayDispatch (Catonsville, Maryland, United States). It is prudent to seek legal counsel about a notice or counter-notice.

23. Disputes, Arbitration, and Class Waiver

A) Dispute arbitration: Any dispute or claim arising between you and DayDispatch or its affiliates related to the Site, you acknowledge and agree to arbitrate. Arbitration will be final and binding. If DayDispatch submits any dispute to arbitration, which may be against you, it will be governed by the provisions of this Section.

B) Class Waiver: All arbitration procedures will be conducted alone. There shall be no class or representative arbitrations or collective actions. You hereby waive any right to participate in class or representative actions against DayDispatch or its affiliates. Should a portion of the arbitration clause be found to be unenforceable with respect to the dispute you have with us, this class waiver will still apply to any litigation. You agree that the class waiver provided is an integral part of the agreement between you and DayDispatch. You also agree that this class waiver cannot be withdrawn. Should this class waiver be found invalid or voidable, the entire arbitration agreement under this Section shall be void.

Arbitrator Entity: Claims or disputes to be resolved by arbitration in accordance with Section 23 will first be submitted to JAMS for arbitration with a sole arbitrator according to JAMS' streamlined rules. The arbitrator shall be governed by and comply with these Terms of Use as well as all other terms, contracts, or annexures between you and DayDispatch and not amend, limit, or alter any of the terms or provisions of the above.

All arbitration shall occur in Catonsville, Maryland, unless the parties collectively consent to another location (in writing). Each party will bear its own arbitration costs and share equally in the arbitration costs. However, the arbitrator will award the prevailing party any costs and fees to which it may be entitled under Section 18 in connection with any compensation claim.

You acknowledge that your transactions with DayDispatch evidence transactions in cross-border business and that the Federal Arbitration Act therefore governs the interpretation and enforcement of this Section (notwithstanding the application of Maryland law to any underlying claims). You agree that this becomes binding upon entering into this agreement. You also acknowledge and agree that it remains valid even after these Terms of Use expire or terminate.

24. Jurisdictional Issues

DayDispatch is solely directed at U.S residents. The Site does not make any material representations (available through the Site) for individuals outside of the United States to use. If anyone accesses the Site from another location, they do so at their own risk and are solely responsible for complying with all applicable local laws, to the extent such laws are relevant.

25. Governing Law

The laws of the State of Maryland shall govern any dispute, claim, or controversy arising out of or relating to the Site, the DayDispatch system, or these Terms of Use, without regard to its conflict of laws principles. You agree that any applicable federal laws of the United States shall also apply, where relevant. This governing law provision shall survive the termination or expiration of these Terms of Use and shall remain binding on you.

26. Assigning of Rights

We may assign or delegate these Terms of Use, in whole or in part, at any time and without notice. Certain of our rights and responsibilities under these Terms of Use may be assigned or delegated to independent contractors, affiliates, or other third parties. You may not assign, transfer, or delegate these Terms of Use or any of your rights, responsibilities, or obligations hereunder without our prior written consent, which may be freely withheld. Any attempted assignment or transfer in violation of this provision shall be null and void.

27. General Exercise

DayDispatch and its affiliates operate as independent contractors, not as employees, partners, or agents. No party shall have the authority to enter into any contract, assume any obligations, or make any promises on behalf of the other party. These Terms of Use, along with any additional terms published by DayDispatch and any click-through agreements between you and DayDispatch, represent the complete and final agreement between the parties with respect to these Terms of Use, and supersede all prior or contemporaneous negotiations, proposals, understandings, and agreements, whether written or oral.

No verbal statements or representations made by DayDispatch employees shall alter or modify the rights, obligations, or warranties of the parties under these Terms. These Terms of Use shall remain in effect, except as expressly provided (such as the class action waiver in Section 23). If any provision of these Terms is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall be reformed to the extent necessary to reflect the intent of the parties while remaining within legal limits. The remaining provisions shall continue in full force and effect.

Both parties shall preserve all rights, powers, and remedies available under these Terms of Use. Any delay or failure to enforce a right or provision shall not constitute a waiver of that right or provision.

28. Read & Understand DayDispatch Privacy Policy

For information regarding how we collect, use, and protect your personal information, please review our Privacy Policy. By using the Site or the DayDispatch system, you acknowledge that you have read, understood, and agreed to the terms outlined in our Privacy Policy.

Notwithstanding the Privacy Policy, we may, in connection with our routine business operations—including but not limited to managing your Membership, operating the Site, processing subscription payments, and complying with applicable laws, regulations, and legal requirements—collect, use, and share (with affiliated and non-affiliated third parties) the personal information you provide, as permitted by law and at our sole discretion.

You further acknowledge and agree that we may contact you regarding Membership, subscription, or related matters using the contact information you have provided, whether by email, text message, or other suitable communication methods. This may include communications after you are no longer a Member, unless you have expressly opted out by notifying us in writing in accordance with our Privacy Policy.

29. Queries

If you have any questions or require clarification regarding these Terms of Use, you may contact us at support@daydispatch.com. Our team will be glad to assist you in understanding any part of these Terms.

30. Changes to Account

Only authorized representatives of DayDispatch are permitted to make changes to any account or otherwise communicate on behalf of DayDispatch. You are responsible for ensuring that any updates or requests regarding your account are submitted through the proper channels as directed by DayDispatch. Unauthorized changes or attempts to alter account information will not be recognized.

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