Terms of Use

1. Acceptance of Terms

   Welcome to TMSEZ, Inc. (“Company”, “we”, “our”, “us”). The following terms and conditions (the “Terms of Use”) govern your access to and use of TMSEZ and Rig Driver mobile app (the “Service”). By accessing or using the Service, you agree to be bound by these Terms of Use and our Privacy Policy.

2. Description of Service

   The Service enables you to efficiently manage drayage, trucking, and brokerage operations. By using the Service, you agree to adhere to these Terms of Use.

3. Subscription and Payment

   Our service operates on a monthly subscription basis. You have the flexibility to cancel your subscription at any time by contacting us in writing. Please ensure that your cancellation request is submitted before the next billing cycle to avoid being charged for the following month.

4. Use of the Service

   You agree not to:

   • Use the Service for any illegal or unauthorized purpose.
   • Interfere with or disrupt the Service or servers or networks connected to the Service.
   • Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
   • Engage in scraping, data mining, or any similar data gathering and extraction methods.

5. Intellectual Property

   All content and materials available on the Service, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of TMSEZ, Inc. and are protected by applicable copyright and trademark law. Any unauthorized use is prohibited.

6. Confidentiality

   You acknowledge that the Service contains proprietary and confidential information of TMSEZ, Inc. You agree not to disclose, reproduce, or use any proprietary or confidential information without prior written consent.

7. Data Protection

   We maintain appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your data. Our data protection practices are described in more detail in our Privacy Policy.

   Data Retention:

   • Financial and billing records, including invoices, settlements, and payment history, are retained for up to seven (7) years.
   • Shipment and operational records, including loads, PODs, BOLs, gate records, and related documentation, are retained for up to three (3) years.
   • Backup documents and uploaded filesare retained for three (3) years from the date of upload. If you require retention beyond three (3) years, you must notify us in writing so appropriate arrangements can be made. Additional fees may apply.
   • After account termination, data may be retained for compliance, legal, dispute resolution, audit, and internal record-keeping purposes consistent with the above retention periods.

8. Termination

   We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice and liability, if you breach any of these Terms of Use.

9. Disclaimer of Warranties

   The Service is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied.

10. Limitation of Liability

    In no event shall TMSEZ, Inc., its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service.

11. Indemnification

    You agree to indemnify and hold harmless TMSEZ, Inc. from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses arising from your use of and access to the Service or your violation of these Terms of Use.

12. Governing Law

    These Terms of Use shall be governed by and construed in accordance with the laws of California, USA, without regard to its conflict of law principles.

13. Changes to Terms of Use

    We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect.

14. Contact Us

    If you have any questions about these Terms of Use, please contact us at:

    TMSEZ, Inc.
    1255 Treat Blvd.
    Walnut Creek, CA 94597
    Phone: (925) 289-8651
    Email: info@tmsez.com

Thank you for choosing TMSEZ.

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