BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING OUR SITE AND/OR TEN4 INTELLIGENCE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE.

This Agreement sets forth the terms to receive and use sms communication and is effective as of the date you accept or otherwise agree to the terms of this Agreement (“Effective Date”). This Agreement is between Ten4 Intelligence Inc., Ten4 Intelligence web site https://ten4intelligence.com (the “Site”), its affiliated entities (collectively “Ten4 Intelligence” or “we”) and you or the organization on whose behalf you are accepting or otherwise agreeing to the terms of this Agreement (“you”,”your”, “yours”, or “Customer”).

THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AS SET FORTH, AND SUBJECT TO, SECTION 7. IN ADDITION, PLEASE BE ADVISED THAT TEN4 INTELLIGENCE DOES NOT PROVIDE WARRANTIES FOR THE SITE AND/OR CONTENT AND THESE TERMS LIMIT OUR LIABILITY TO YOU.

To receive opt-in to the Program or otherwise receive text messages from us as part of the Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the Program, and authorized to incur any mobile message or data charges incurred by participating. Ten4 Intelligence reserves the right to require you to prove the foregoing to participate in the Program.

YOUR CONTINUED USE OF THE WEBSITE OR THE SERVICES AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK THE AGREEMENT PERIODICALLY FOR UPDATES. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD NOT ACCESS OR OTHERWISE USE OUR WEBSITE OR SERVICES.

As a participant of the Program, Ten4 Intelligence, and our applicable service providers on our behalf, will text message you via SMS/MMS text messages to provide you with information concerning certain Ten4 Intelligence products, services, and promotions (“Marketing Messages”), and/or, if you have obtained access to the Ten4 Intelligence online platform and related operations and support services to manage and book trucking loads, track performance (the “Service”), information concerning your account activity, onboarding assistance, and/or your access and/or use of the Service (“Service Communications”). Ten4 Intelligence and its service providers may, from time to time, use standard or an automatic telephone dialing system (“auto-dialer“) to deliver text messages to you under the Program. You agree that you will not use the Program for any illegal or unlawful purposes.

Any personally identifiable information provided or collected through or in connection with your participation and/or use of the Program shall be used in accordance with Ten4 Intelligence Privacy Policy.

The Program allows participants to receive SMS text messages by affirmatively opting into the Program, such as through online forms or during your registration of an account to access the Service. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that your consent to receive test messages and/or opt-in to the Program is not required to make any purchase from us. While you consent to receive messages sent using an auto-dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an auto-dialer.

To stop receiving text messages from Ten4 Intelligence, text STOP to the number from which you are receiving the applicable Marketing Messages and/or Service Communications. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. ‍

Ten4 Intelligence does not impose a separate fee for sending Ten4 Intelligence text messages under the Program. However, standard message and data rates may apply to each text message sent or received in connection with Ten4 Intelligence text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans).

The number of Ten4 Intelligence mobile messages that you receive will vary depending on whether you have opted-in to receive Marketing Messages and/or Service Communications as part of the Program, and will also vary depending on your account activity and your communication with Ten4 Intelligence.

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Ten4 Intelligence control, and Ten4 Intelligence is not responsible or liable for issues arising from them.

You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Ten4 Intelligence immediately if you change your mobile telephone number. You may notify Ten4 Intelligence of a number change by contacting us via email at support@ten4intelligence.com.

YOU AGREE TO INDEMNIFY TEN4 INTELLIGENCE IN FULL FOR ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR CAUSED IN WHOLE OR IN PART BY YOUR FAILURE TO NOTIFY TEN4 INTELLIGENCE IF YOU CHANGE YOUR TELEPHONE NUMBER, INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT OF 1991, AS AMENDED FROM TIME-TO-TIME AND AS ENFORCED BY COURTS OR ANY FEDERAL OR STATE AUTHORITY.

THE PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. TEN4 INTELLIGENCE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, ACCURACY, SATISFACTORY PURPOSE AND NON-INFRINGEMENT

Some jurisdictions may not allow the exclusion and/or limitation of implied warranties or conditions, so the above limitations or exclusions may not apply to you. In such event, Ten4 Intelligence warranties and conditions with respect to the Program will be as limited as permissible under applicable law in such jurisdiction.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL: (I) TEN4 INTELLIGENCE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE PROGRAM (OR ANY PART THEREOF), EVEN IF TEN4 INTELLIGENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) TEN4 INTELLIGENCE TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE PROGRAM (OR ANY PART THEREOF), EXCEED FIFTY DOLLARS ($50.00). TEN4 INTELLIGENCE DISCLAIMS ALL LIABILITY OF ANY KIND OF TEN4 INTELLIGENCE SUPPLIERS.

Governing Law. These Terms will be governed by the laws of the State of Florida, United States of America without giving effect to any conflict of laws principles.

Dispute Resolution. You and Ten4 Intelligence shall use best efforts to resolve any and all Claims and disputes arising under this Agreement, first through good faith negotiations and without initially resorting to litigation or other similar proceedings; provided, however, that either you or Ten4 Intelligence shall be entitled to: (i) seek injunctive relief in any court of competent jurisdiction to avoid irreparable harm for breach of this Agreement; or (ii) commence litigation in the venue set below to avoid a Claim being barred by an applicable statute of limitations, without first attempting to resolve such Claim or dispute through good faith negotiations or mediation. If you and Ten4 Intelligence are unable to resolve any Claim or dispute via good faith negotiations, then you and Ten4 Intelligence shall, prior to commencement of any legal action or suit, participate in non­binding mediation proceedings, with a mediator chosen jointly by you and Ten4 Intelligence and with the costs of mediation divided equally between you and Ten4 Intelligence. Should mediation not result in a mutually acceptable agreement and resolution of the Claim, then the claiming party shall be entitled, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either at law or in equity, to obtain damages for breach of this Agreement. Notwithstanding the foregoing, neither party shall be prevented from seeking an injunction at any time.

Venue. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Ten4 Intelligence agree that any judicial proceeding will be brought in the federal or state courts of Miami-Dade County, Florida, and the parties consent to venue and personal jurisdiction in such courts.

Attorney’s Fees. If any legal action arises under this Agreement or by reason of any asserted breach of it, then the prevailing party in such action shall be entitled to recover all costs and expenses, including reasonable attorneys’ fees, incurred in such action. The amount of attorneys’ fees shall be determined by the court sitting without a jury.

No Class Actions. You may only resolve disputes with Ten4 Intelligence on an individual basis, and may not bring a Claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under these terms.

Waiver of Jury Trial. You and Ten4 Intelligence each waives, irrevocably and unconditionally, any and all right to trial by jury in any action brought on, under, or by virtue of, or relating in any way to this Agreement, or any claims, defenses, rights of set-off or other actions pertaining to this Agreement or to any of the foregoing.

Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Ten4 Intelligence Services must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.

Ten4 Intelligence may suspend or terminate your receipt of Ten4 Intelligence text messages if Ten4 Intelligence believes you are in breach of these Terms. Your receipt of Ten4 Intelligence text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Ten4 Intelligence reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Program, and/or any Ten4 Intelligence text messages, with or without notice.

If you have questions about this Agreement please contact us at support@ten4intelligence.com.