SWIFT NEXUS DISPATCH

TERMS OF SERVICE

Company: Swift Nexus Inc., doing business as Swift Nexus Dispatch and SN Dispatch
Email: support@sndispatch.com
Website: https://sndispatch.com/

These Terms of Service (“Terms”) govern the truck dispatching and related administrative support services provided by Swift Nexus Inc., doing business as Swift Nexus Dispatch and SN Dispatch (“Swift Nexus,” “Swift Nexus Dispatch,” “SN Dispatch,” “Company,” “we,” “us,” or “our”).

By registering for, purchasing, accessing, or using our Services, you or the motor carrier company you represent (“Carrier,” “Customer,” “you,” or “your”) acknowledge that you have read, understood, and agreed to these Terms.

If you do not agree to these Terms, you must not purchase or use our Services.

1. Acceptance of Terms

1.1 Agreement

By purchasing or using the Services, you agree to be legally bound by:

• These Terms of Service;

• Any separate Dispatch Service Agreement signed by you;

• Our Privacy Policy;

• Our Refund and Cancellation Policy;

• Any applicable service order, invoice, pricing schedule, or written addendum.

1.2 Authority to Accept

If you accept these Terms on behalf of a company, motor carrier, fleet, or other organization, you represent that you have the legal authority to bind that entity.

1.3 Changes to Terms

We may modify these Terms from time to time. Updated Terms will be posted on our website.

Your continued use of the Services after updated Terms are posted constitutes acceptance of those changes, except where additional notice or consent is required by applicable law.

2. Description of Services

Swift Nexus Dispatch and SN Dispatch provide administrative truck dispatching and back-office support services to authorized motor carriers.

Depending on the service package selected, the Services may include:

• Searching load boards and identifying potential freight opportunities;

• Communicating with freight brokers, shippers, and other transportation parties on the Carrier’s behalf;

• Presenting available loads to the Carrier for approval;

• Negotiating proposed freight rates and load terms as the Carrier’s authorized representative;

• Assisting with broker setup packets;

• Assisting with rate confirmations;

• Coordinating pickup and delivery appointment information;

• Communicating load-related instructions provided by brokers or shippers;

• Monitoring publicly available load and shipment information;

• Assisting with detention, layover, truck ordered not used, and other accessorial requests;

• Assisting with document collection, including bills of lading and proof-of-delivery documents;

• Providing administrative invoicing or paperwork support where included in the selected plan;

• Providing general dispatch-related customer support; and

• Providing other administrative services agreed to in writing.

The exact scope of Services may depend on the Carrier’s selected package, number of trucks, equipment type, operating region, and separate written agreement.

3. Nature of the Relationship

3.1 Independent Service Provider

Swift Nexus Inc., doing business as Swift Nexus Dispatch and SN Dispatch, is an independent service provider retained by the Carrier to provide dispatching and administrative support.

Nothing in these Terms creates an employer-employee, partnership, joint venture, franchise, fiduciary, agency beyond the expressly authorized dispatch services, or ownership relationship between the Company and the Carrier.

3.2 Carrier’s Authorized Dispatch Agent

The Carrier authorizes Swift Nexus Dispatch and SN Dispatch to communicate with brokers, shippers, load-board providers, and other transportation parties solely for the purpose of providing the Services.

The Company acts only on behalf of and under the direction of the Carrier.

3.3 Not a Motor Carrier

The Company does not:

• Own, lease, operate, maintain, or control commercial motor vehicles;

• Employ or supervise the Carrier’s drivers;

• Transport freight;

• Take possession of cargo;

• Control the physical movement of any vehicle;

• Assume responsibility for cargo;

• Provide motor carrier transportation; or

• Hold itself out as the motor carrier transporting a load.

The Carrier remains the motor carrier responsible for the transportation of freight.

3.4 Not a Freight Broker

Unless separately stated in writing and supported by all legally required authority, the Company does not operate as an independent freight broker.

The Company does not arrange transportation for the general public, allocate freight among unrelated carriers, or accept freight transportation responsibilities independently of the Carrier.

The Carrier retains the right to accept or reject every load.

3.5 No Control Over Carrier Operations

The Company does not control:

• The Carrier’s vehicles;

• Driver hiring, termination, compensation, or supervision;

• Driver schedules;

• Hours-of-service decisions;

• Routes taken by drivers;

• Vehicle safety or maintenance;

• Cargo securement;

• Whether a driver is safe, qualified, rested, or legally permitted to operate;

• The Carrier’s regulatory compliance decisions; or

• The manner in which transportation is physically performed.

4. Carrier Eligibility

To use the Services, the Carrier must:

• Be at least 18 years old if operating as an individual;

• Be legally authorized to enter into contracts;

• Hold all required registrations and operating authority;

• Maintain active USDOT and MC authority where required;

• Maintain all insurance required by law and by applicable brokers or shippers;

• Maintain properly registered and commercially operable vehicles;

• Use legally qualified commercial drivers;

• Comply with all applicable federal, state, provincial, local, and industry requirements; and

• Provide accurate and complete company, authority, insurance, vehicle, and driver information.

The Company may request evidence of the Carrier’s operating authority, insurance, permits, tax documents, or other qualifications before providing or continuing Services.

5. Carrier Responsibilities

The Carrier is solely responsible for the following:

5.1 Operating Authority

Maintaining active and appropriate:

• USDOT registration;

• Motor carrier operating authority;

• State or provincial registrations;

• International or cross-border authority;

• Permits;

• Process-agent filings;

• Tax registrations; and

• Other licenses required for its operations.

5.2 Insurance

Maintaining all legally and contractually required insurance, including where applicable:

• Commercial automobile liability insurance;

• Motor truck cargo insurance;

• General liability insurance;

• Workers’ compensation insurance;

• Trailer interchange insurance;

• Non-owned trailer coverage;

• Occupational accident coverage; and

• Any additional coverage required by brokers, shippers, or customers.

The Carrier must immediately notify the Company if any insurance policy is cancelled, suspended, reduced, expired, or otherwise becomes insufficient.

5.3 Drivers and Vehicles

Ensuring that:

• Drivers are properly licensed, trained, medically qualified, and legally permitted to drive;

• Drivers comply with applicable hours-of-service requirements;

• Vehicles and trailers are inspected, maintained, registered, and safe to operate;

• Cargo is properly loaded and secured;

• Drivers follow lawful safety procedures;

• Required documents are carried in the vehicle; and

• Drivers do not operate under unsafe, unlawful, or coercive conditions.

5.4 Load Evaluation

Before accepting a load, the Carrier must independently review:

• Commodity type;

• Weight;

• Dimensions;

• Equipment requirements;

• Pickup and delivery locations;

• Appointment times;

• Mileage;

• Route;

• Rate;

• Fuel requirements;

• Tolls;

• Weather;

• Road conditions;

• Driver availability;

• Hours-of-service availability;

• Special permits;

• Cargo value;

• Insurance requirements; and

• All other operational and commercial terms.

5.5 Final Load Approval

No load will be considered accepted by the Carrier solely because the Company identified, negotiated, or discussed the load.

The Carrier has final authority to approve or reject every load.

Where the Carrier provides the Company with written authority to book loads without individual approval, the Carrier remains responsible for all loads booked within the limits of that authority.

5.6 Accurate Information

The Carrier must provide timely and accurate information concerning:

• Truck and trailer availability;

• Current location;

• Equipment type;

• Driver hours;

• Operating area;

• Preferred lanes;

• Weight capacity;

• Insurance;

• Authority status;

• Vehicle breakdowns;

• Delays;

• Accidents;

• Cargo issues; and

• Any other information affecting load performance.

The Company is not responsible for losses caused by incomplete, inaccurate, delayed, or misleading information supplied by the Carrier or its drivers.

6. Load Search and Booking

6.1 No Guaranteed Loads

The Company does not guarantee:

• A minimum number of loads;

• Continuous freight availability;

• Specific freight rates;

• Particular lanes;

• Specific brokers or shippers;

• Minimum weekly or monthly gross revenue;

• Profitability;

• Deadhead limitations;

• Specific mileage;

• Return loads;

• Round trips;

• Payment by a broker or shipper; or

• Any particular business result.

Load availability and rates depend on market conditions outside the Company’s control.

6.2 Load Information

Load details are generally obtained from brokers, shippers, load boards, and other third-party sources.

The Company may relay this information to the Carrier but does not warrant that third-party load information is accurate, complete, or current.

The Carrier must verify all material load terms before pickup.

6.3 Rate Negotiations

The Company may negotiate proposed rates on behalf of the Carrier. However:

• No particular rate is guaranteed;

• Final approval belongs to the Carrier;

• Market rates may change without notice;

• Negotiated rates may be affected by equipment type, lane, season, fuel prices, urgency, location, and market demand; and

• The Company is not responsible for whether a load is ultimately profitable.

6.4 Rate Confirmations

The Carrier must review each rate confirmation and immediately report any error, missing term, unacceptable requirement, or discrepancy.

Unless otherwise agreed in writing, the Carrier’s acceptance, signature, dispatch of a driver, or pickup of the load constitutes approval of the rate confirmation and load terms.

6.5 Double Brokering Prohibited

The Carrier may not use the Services for:

• Double brokering;

• Re-brokering freight without proper authority;

• Unauthorized load transfers;

• Identity theft;

• Using another carrier’s authority;

• Falsifying carrier or driver information;

• Fraudulent billing;

• Cargo theft; or

• Any unlawful transportation activity.

The Company may immediately suspend Services if fraudulent, unsafe, or unauthorized activity is suspected.

7. Broker and Shipper Relationships

7.1 Independent Third Parties

Freight brokers, shippers, receivers, warehouses, load boards, factoring companies, insurers, and payment providers are independent third parties.

The Company does not control and is not responsible for their:

• Conduct;

• Creditworthiness;

• Payment practices;

• Contract terms;

• Loading or unloading procedures;

• Appointment management;

• Detention policies;

• Claims procedures;

• Cargo descriptions;

• Facility conditions; or

• Legal compliance.

7.2 Broker Agreements

The transportation agreement for each load is between the Carrier and the applicable broker or shipper.

The Company is not a party to the broker-carrier agreement or transportation contract unless expressly stated in a separate written agreement.

7.3 Broker Setup

The Company may help complete broker setup packets using information supplied by the Carrier.

The Carrier is responsible for reviewing and approving all broker agreements, setup documents, payment terms, cargo requirements, indemnity provisions, and other contractual obligations.

7.4 Broker Payment

The broker or shipper, not the Company, is responsible for paying freight charges owed to the Carrier.

The Company does not guarantee broker or shipper payment and is not responsible for:

• Late payments;

• Non-payment;

• Broker insolvency;

• Payment deductions;

• Chargebacks;

• Cargo claims;

• Offset claims;

• Factoring disputes; or

• Collection costs.

The Carrier is responsible for evaluating the creditworthiness and payment history of brokers and shippers.

8. Pickup, Transit, and Delivery

Once a load is accepted, the Carrier is solely responsible for:

• Driver dispatch;

• Vehicle operation;

• Timely arrival;

• Safe transportation;

• Route selection;

• Fueling;

• Tolls;

• Scales;

• Permits;

• Cargo securement;

• Temperature control;

• Communication during transit;

• Compliance with appointment requirements;

• Obtaining signed shipping documents; and

• Completing delivery.

The Carrier and driver must immediately notify the Company of:

• Delays;

• Breakdowns;

• Accidents;

• Cargo damage;

• Rejected freight;

• Overweight conditions;

• Seal discrepancies;

• Temperature issues;

• Detention;

• Missed appointments;

• Route restrictions;

• Safety concerns; or

• Any event affecting pickup or delivery.

The Company may assist with communication but does not assume responsibility for the underlying event.

9. Detention, Layover, TONU, and Accessorial Charges

The Company may assist the Carrier in requesting:

• Detention;

• Layover;

• Truck ordered not used, or TONU;

• Driver assistance charges;

• Lumper reimbursement;

• Extra-stop charges;

• Redelivery charges;

• Storage;

• Tarping;

• Overweight charges; or

• Other accessorial compensation.

Approval and payment of accessorial charges are determined by the applicable broker, shipper, receiver, or contract.

The Company does not guarantee that any accessorial request will be approved or paid.

The Carrier and driver must provide all required supporting documents, timestamps, receipts, photographs, messages, or other evidence.

10. Service Fees and Payment

10.1 Fees

The Carrier agrees to pay the dispatch service fees stated in:

• The applicable service package;

• The Dispatch Service Agreement;

• The Carrier’s invoice;

• A written quotation; or

• Another written pricing arrangement.

Fees may be structured as:

• A flat weekly fee;

• A flat monthly fee;

• A per-truck fee;

• A percentage of gross freight revenue;

• A per-load fee; or

• A customized pricing arrangement.

10.2 Payment Authorization

The Carrier authorizes the Company and its payment service providers to charge the payment method supplied by the Carrier for:

• Recurring service fees;

• Invoices;

• Approved additional services;

• Applicable taxes; and

• Other amounts properly due under the service arrangement.

10.3 Recurring Billing

Where the Carrier enrolls in a recurring plan, fees will be charged automatically at the beginning of each billing period until the service is cancelled in accordance with these Terms.

The Carrier is responsible for keeping its payment information current.

10.4 Failed Payments

If payment is declined, reversed, disputed, or overdue, the Company may:

• Suspend load-search or dispatch activity;

• Stop accepting new assignments;

• Restrict access to Services;

• Terminate the account;

• Charge any contractually permitted late fee;

• Recover collection costs; or

• Take other lawful action.

10.5 Billing Disputes

The Carrier must report any billing dispute in writing within seven calendar days after the invoice or charge date.

Failure to report a billing dispute within this period may constitute acceptance of the charge, except where prohibited by law.

10.6 Chargebacks

Before initiating a payment dispute or chargeback, the Carrier agrees to contact the Company at support@sndispatch.com and provide a reasonable opportunity to review and resolve the issue.

Fraudulent or bad-faith chargebacks may result in immediate suspension or termination of Services.

11. Refund and Cancellation Policy

11.1 Non-Refundable Fees

Except where required by applicable law, all dispatch service fees are non-refundable once the applicable billing period or service term has commenced.

No refund will be issued for:

• Partial use of Services;

• Unused days;

• Failure to provide an available truck;

• Driver unavailability;

• A rejected load;

• Lack of preferred loads;

• Market-rate changes;

• Low freight volume;

• Equipment breakdown;

• Suspension of the Carrier’s authority;

• Cancellation initiated by the Carrier;

• Dissatisfaction caused by matters outside the Company’s reasonable control; or

• Failure to use the Services.

11.2 Cancellation

The Carrier may cancel recurring Services by providing written notice to:

support@sndispatch.com

Unless a separate written agreement provides otherwise, cancellation will take effect at the end of the current paid billing period.

The Carrier will remain responsible for all fees incurred before the effective cancellation date.

11.3 Services After Cancellation

Following cancellation:

• No prorated or partial refund will be provided;

• The Company may stop searching for or booking new loads;

• Existing load obligations must still be completed;

• Outstanding invoices remain payable; and

• The Carrier remains responsible for all transportation contracts already accepted.

11.4 Promotional and Custom Packages

Promotional, discounted, onboarding, and custom service packages are non-refundable unless expressly stated otherwise in writing.

12. Confidentiality and Account Information

12.1 Carrier Information

The Carrier may provide access to confidential or commercially sensitive information, including:

• Operating authority details;

• Insurance documents;

• Tax forms;

• Broker agreements;

• Rate confirmations;

• Driver information;

• Vehicle information;

• Factoring information;

• Load-board credentials;

• Customer information; and

• Business records.

The Company will use such information for providing the Services, managing the business relationship, legal compliance, security, and related operational purposes.

12.2 Account Security

The Carrier is responsible for:

• Protecting its usernames and passwords;

• Limiting access to authorized individuals;

• Immediately reporting unauthorized access; and

• Revoking access when drivers, employees, or contractors leave the Carrier.

12.3 Load-Board Accounts

Where the Carrier allows the Company to access the Carrier’s load-board account:

• The Carrier confirms that such access is authorized;

• The Carrier remains responsible for compliance with the load board’s terms;

• The Company will use access only for authorized dispatch activities; and

• The Company is not responsible for account suspension caused by the Carrier’s eligibility, payment status, conduct, or violation of third-party terms.

13. Privacy Policy

The Company may collect and process information necessary to provide dispatching and administrative services.

13.1 Information We May Collect

Information may include:

• Carrier and company name;

• Contact information;

• Billing information;

• USDOT and MC numbers;

• Operating authority information;

• Insurance documents;

• W-9 or other tax information;

• Driver names and contact information;

• Vehicle and trailer information;

• Current truck location;

• Preferred lanes;

• Pickup and delivery information;

• Rate confirmations;

• Bills of lading;

• Proof-of-delivery documents;

• Communications with the Carrier, drivers, brokers, and shippers;

• Website usage information;

• IP address;

• Browser and device information; and

• Customer-service records.

13.2 How Information Is Used

We may use information to:

• Provide dispatching services;

• Search for and coordinate loads;

• Communicate with brokers and shippers;

• Complete authorized broker setup activities;

• Manage customer accounts;

• Process payments;

• Provide customer support;

• Maintain business records;

• Prevent fraud;

• Protect our systems;

• Enforce our agreements;

• Resolve disputes; and

• Comply with legal obligations.

13.3 Information Sharing

We may share information with:

• Brokers and shippers as needed for load coordination;

• Load-board providers;

• Payment processors;

• Cloud hosting and communication providers;

• Customer relationship management providers;

• Professional advisors;

• Governmental or regulatory authorities when legally required;

• Law enforcement when required by lawful process; and

• Parties involved in a merger, acquisition, financing, restructuring, or sale of the business.

We do not sell SMS opt-in information, mobile telephone numbers, or personal information for monetary compensation.

SMS consent and phone numbers collected for SMS purposes will not be shared with third parties or affiliates for marketing or promotional purposes.

13.4 Data Security

We use reasonable administrative, technical, and organizational measures intended to protect information against unauthorized access, loss, misuse, alteration, or disclosure.

However, no method of electronic transmission or data storage is completely secure, and absolute security cannot be guaranteed.

13.5 Data Retention

Information may be retained for as long as reasonably necessary to:

• Provide Services;

• Maintain transaction and business records;

• Comply with legal, tax, and regulatory requirements;

• Resolve disputes;

• Prevent fraud; and

• Enforce agreements.

13.6 Privacy Requests

Depending on applicable law, individuals may have the right to request access to, correction of, or deletion of certain personal information.

Privacy requests may be sent to:

support@sndispatch.com

14. Electronic Communications and SMS

14.1 Service Communications

The Carrier agrees that the Company may contact the Carrier, its authorized staff, and its drivers regarding:

• Available loads;

• Rate negotiations;

• Pickup and delivery information;

• Delays;

• Documents;

• Account issues;

• Payment matters;

• Customer support;

• Service updates; and

• Other dispatch-related matters.

Communications may be made by telephone, email, SMS, messaging application, or another method provided by the Carrier.

14.2 SMS Consent

Where the Carrier or user separately opts in to SMS communications:

• Message frequency may vary;

• Message and data rates may apply;

• Consent is not a condition of purchasing Services;

• The user may reply STOP to opt out;

• The user may reply HELP for assistance; and

• Mobile information will not be sold or shared with third parties or affiliates for promotional or marketing purposes.

Opting out of SMS may limit our ability to provide time-sensitive dispatch updates through text message, but alternative communication methods may remain available.

15. Prohibited Conduct

The Carrier may not use the Services to:

• Violate any law or regulation;

• Engage in double brokering or unauthorized re-brokering;

• Commit fraud, theft, or misrepresentation;

• Falsify insurance, authority, driver, vehicle, cargo, or payment information;

• Impersonate another motor carrier;

• Use another carrier’s USDOT or MC number without authorization;

• Transport prohibited or illegal cargo;

• Circumvent load-board security;

• Misuse confidential broker or shipper information;

• Harass or threaten Company personnel;

• Instruct the Company to misrepresent material information;

• Conceal accidents, cargo damage, delays, or safety issues;

• Pressure a driver to violate hours-of-service or safety rules; or

• Interfere with the operation or security of Company systems.

16. Compliance and Safety

The Carrier is solely responsible for compliance with all laws and regulations applicable to its transportation operations, including those relating to:

• Motor carrier authority;

• Insurance;

• Driver qualifications;

• Commercial driver licensing;

• Hours of service;

• Electronic logging devices;

• Drug and alcohol testing;

• Vehicle inspection and maintenance;

• Cargo securement;

• Hazardous materials;

• Weight and dimension limits;

• Permits;

• Tax filings;

• Safety ratings;

• Accident reporting;

• Customs and border requirements; and

• State, provincial, federal, and local transportation laws.

The Company does not provide legal advice and does not guarantee that the Carrier’s operations are compliant.

The Carrier must not accept or perform any load that cannot be completed safely and legally.

17. Disclaimers

17.1 Services Provided “As Is”

To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis.

The Company disclaims all express, implied, statutory, and other warranties, including warranties of:

• Merchantability;

• Fitness for a particular purpose;

• Non-infringement;

• Accuracy;

• Continuous availability;

• Profitability; and

• Business performance.

17.2 No Business Guarantee

The Company does not guarantee:

• Revenue;

• Profit;

• Load volume;

• Broker approval;

• Payment;

• Particular rates;

• Driver performance;

• On-time delivery;

• Safety outcomes;

• Compliance outcomes;

• Customer retention; or

• The success of the Carrier’s business.

17.3 Third-Party Systems

Services may depend on load boards, communication platforms, payment processors, internet providers, brokers, shippers, and other third-party systems.

The Company is not responsible for third-party outages, errors, suspensions, inaccuracies, security incidents, or service interruptions.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Swift Nexus Inc., Swift Nexus Dispatch, SN Dispatch, and their owners, officers, directors, employees, contractors, representatives, and affiliates will not be liable for:

• Lost profits;

• Lost revenue;

• Lost business opportunities;

• Lost or damaged cargo;

• Vehicle damage;

• Personal injury;

• Death;

• Accidents;

• Towing costs;

• Repair costs;

• Fuel expenses;

• Tolls;

• Fines or penalties;

• Late delivery;

• Missed appointments;

• Broker non-payment;

• Factoring disputes;

• Insurance claims;

• Cargo claims;

• Consequential damages;

• Incidental damages;

• Special damages;

• Punitive damages;

• Indirect damages; or

• Losses caused by third parties.

This applies whether the claim arises from contract, negligence, tort, statute, strict liability, or another legal theory, even if the Company was advised that such damages were possible.

To the maximum extent permitted by law, the Company’s total cumulative liability arising from or relating to the Services will not exceed the dispatch service fees actually paid by the Carrier to the Company during the one month immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot legally be excluded.

19. Indemnification

The Carrier agrees to defend, indemnify, and hold harmless Swift Nexus Inc., Swift Nexus Dispatch, SN Dispatch, and their owners, officers, directors, employees, contractors, representatives, and affiliates from claims, liabilities, losses, damages, penalties, fines, judgments, costs, and reasonable attorneys’ fees arising out of or relating to:

• The Carrier’s transportation operations;

• Any vehicle accident;

• Personal injury or death;

• Cargo loss, theft, contamination, delay, or damage;

• The conduct of the Carrier’s drivers, employees, or contractors;

• Violation of laws or regulations;

• Hours-of-service violations;

• Safety violations;

• Inaccurate or fraudulent information;

• Breach of a broker-carrier or shipper-carrier agreement;

• Failure to maintain authority, insurance, permits, or licenses;

• Non-payment of taxes, drivers, contractors, vendors, or government fees;

• The Carrier’s breach of these Terms;

• The Carrier’s misuse of the Services; or

• Claims made by a broker, shipper, receiver, driver, governmental authority, insurer, or other third party.

20. Suspension and Termination

The Company may suspend or terminate Services immediately if:

• Fees are unpaid or disputed;

• The Carrier’s authority becomes inactive, revoked, or suspended;

• Required insurance expires or is cancelled;

• Fraud or double brokering is suspected;

• The Carrier provides false or misleading information;

• The Carrier engages in illegal or unsafe conduct;

• The Carrier materially breaches these Terms;

• Continued service may expose the Company to legal, financial, safety, or reputational risk;

• The Carrier threatens, harasses, or abuses Company personnel; or

• Termination is required by law or a third-party service provider.

Termination does not eliminate any payment, indemnification, confidentiality, or other obligation that arose before termination.

Provisions intended by their nature to survive termination will remain effective.

21. Force Majeure

The Company will not be responsible for any failure, interruption, or delay caused by events beyond its reasonable control, including:

• Natural disasters;

• Severe weather;

• Fire;

• Flood;

• War;

• Terrorism;

• Civil unrest;

• Labor disputes;

• Government action;

• Regulatory changes;

• Cyberattacks;

• Internet or telecommunications failures;

• Power outages;

• Load-board outages;

• Broker or shipper system failures;

• Public health emergencies; or

• Other events outside the Company’s reasonable control.

22. Governing Law and Dispute Resolution

22.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law principles.

22.2 Good-Faith Resolution

Before filing a legal proceeding, the parties agree to attempt in good faith to resolve the dispute through written communication and reasonable negotiation.

A dispute notice must describe:

• The nature of the dispute;

• The relevant transaction or service;

• The amount claimed, if applicable; and

• The requested resolution.

Dispute notices to the Company must be sent to:

support@sndispatch.com

22.3 Jurisdiction

Unless otherwise required by applicable law or agreed in writing, legal proceedings arising from these Terms must be brought in a court of competent jurisdiction located in Wyoming.

The parties consent to the personal jurisdiction and venue of those courts.

22.4 Individual Claims

To the extent permitted by law, disputes must be brought individually and not as part of a class, collective, consolidated, or representative action.

23. Assignment

The Carrier may not assign or transfer its rights or obligations under these Terms without prior written consent from the Company.

The Company may assign these Terms in connection with a merger, acquisition, restructuring, asset sale, change of control, or transfer to an affiliated company.

24. Notices

Notices to the Company must be sent to:

Swift Nexus Inc.
Doing Business As: Swift Nexus Dispatch and SN Dispatch
Email: support@sndispatch.com
Website: https://sndispatch.com/

Notices to the Carrier may be sent to the email address, telephone number, business address, or account contact information provided by the Carrier.

The Carrier is responsible for keeping its contact information current.

25. Entire Agreement

These Terms, together with any signed Dispatch Service Agreement, service order, invoice, Privacy Policy, Refund and Cancellation Policy, and written addendum, constitute the entire agreement between the parties concerning the Services.

They replace all previous oral or written discussions, representations, and agreements concerning the same subject matter.

If a signed Dispatch Service Agreement conflicts with these website Terms, the signed Dispatch Service Agreement will control to the extent of the conflict.

26. Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, that provision will be enforced to the greatest extent permitted by law, and the remaining provisions will continue in effect.

27. Waiver

Failure by the Company to enforce any provision of these Terms will not constitute a waiver of that provision or any other right.

A waiver is effective only if made in writing by an authorized representative of the Company.

28. Electronic Acceptance

The Carrier agrees that electronic acceptance, online registration, payment, clicking an acceptance checkbox, or beginning to use the Services has the same legal effect as a handwritten signature.

Electronic records may be retained as evidence of the Carrier’s agreement.

29. Contact Information

For questions concerning these Terms or the Services, contact:

Swift Nexus Inc.
Doing Business As: Swift Nexus Dispatch and SN Dispatch
Email: support@sndispatch.com
Website: https://sndispatch.com/