Effective Date: December 4, 2023

Loadsmart, Inc. (“Loadsmart”) is excited to introduce the Loadsmart Community, a space to connect with other Loadsmart customers, find content, and get questions answered. The below terms (“Terms”) apply to any individual who uses the Loadsmart Community (each a “User”).

Loadsmart Community Rules of Engagement

All use of the Loadsmart Community is subject to these Terms and Loadsmart’s privacy policy. By registering for the Loadsmart Community, User agrees to comply with all applicable Loadsmart policies. In addition, each User will be fully liable for all actions taken on such User’s account. Each User will exercise all reasonable efforts to keep all passwords and login information for User’s Loadsmart Community account confidential.

Each User is expressly prohibited from:

  • uploading or linking from the Loadsmart Community to any harmful or malicious technology, including malware, that unlawfully accesses information owned by Loadsmart or any third party.
  • posting content that violates applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies, including any rules of any national and other securities exchanges.
  • allowing another person to post from User’s account or on User’s behalf.
  • posting content that is abusive, offensive, vulgar, obscene, hateful, racist or bigoted, threatening, libelous, defamatory, or fraudulent.
  • doxing another person, or posting content that includes another person’s private or personal information, including but not limited to Loadsmart Community profile information, images, personal phone numbers, email addresses, addresses, and social security numbers.
  • posting content that the User does not have the required rights to under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • posting spam or advertisements.
  • impersonating any person or entity, or falsely stating or otherwise misrepresenting an affiliation with a person, organization, or entity of Loadsmart.
  • interfering with or disrupting the operation or integrity of the Loadsmart Community or any information, data, content or other materials available on or through the Loadsmart Community.
  • accessing the Loadsmart Community in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Loadsmart Community.
  • authorizing, permitting, enabling, inducing or encouraging any third party to do any of the above.
  • taking any act or omission which violates any clause, term, or condition of these Terms.

User will immediately notify Loadsmart if User becomes aware of or reasonably suspects any illegal or unauthorized activity or a security breach involving User’s account, which includes any loss, theft, or unauthorized disclosure or use of a username, password, or account.

User Submissions, Member-Generated Content and Profile Information

User may have the ability to make information, data, graphics, sounds, videos, messages, profiles, comments, suggestions, ideas, advice and other materials and content, including those made or given on existing or potential Loadsmart products or services (each a “Submission”) available through the Loadsmart Community.

Users are solely responsible for all Submissions to the Loadsmart Community. Loadsmart has no control over each Users’ Submissions and Loadsmart expressly disclaims any endorsement or approval of any Submissions. Additionally, Loadsmart does not make any promises about the reliability of any source or the accuracy, safety, or intellectual property rights of any Submissions. By posting a Submission, User represents and warrants to either own or have all the intellectual property rights necessary to upload or share all content contained within such Submission and that the Submission does not infringe on the intellectual property rights of any third party.

Licenses

For each Submission, User grants to Loadsmart an unlimited, irrevocable, perpetual, and royalty-free license to access, use, reproduce, display, prepare derivative works of, sublicense, perform, and distribute any Submission content, feedback, suggestions, or ideas for any lawful purpose without any obligation or compensation to the applicable User.

User acknowledges and agrees that posting a Submission does not make User the inventor of any invention that may arise during the development of any Loadsmart product or service, including those that may incorporate or are related to User’s Submissions or contributions to the Loadsmart Community. If, despite the foregoing, User retains any right, title, or interest in any invention, User agrees to assign to Loadsmart all right, title, and interest in and to such invention, effective upon the invention’s conception, creation, or development. To the extent that User retains any right to or interest in any invention after all permissible assignment, User waives all claims with respect to such rights or interests against Loadsmart, including its subsidiaries and affiliates, and any user of any Loadsmart product or service. In addition, User grants Loadsmart an unlimited, irrevocable, perpetual, and royalty-free license to access, use, reproduce, display, prepare derivatives works of, sublicense, perform, distribute, modify, make, sell, offer to sell, import, analyze, and exploit all or any portion of such invention for any lawful purpose. User waives any claim again Loadsmart, including its subsidiaries or affiliates, for infringement, misappropriation, or other violation of any invention or intellectual property rights assigned or licensed under these Terms.

Moderation

The Loadsmart Community is intended to be a place for users of Loadsmart products and services to connect, communicate, and share information, experiences, tips, and thoughts on Loadsmart products and services. Loadsmart may designate Loadsmart employees or contractors to act as moderators/administrators for the Loadsmart Community. Loadsmart reserves the discretion to remove or alter any User Submission to the Loadsmart Community at any time, with or without notice, for: (i) violation of these Terms, Loadsmart’s privacy policy, or any other policies relating to use of the Loadsmart Community; (ii) otherwise being deemed inappropriate and/or unlawful; or (iii) for any other reason in Loadsmart’s sole discretion. Loadsmart has the discretion to block Users who violate these Terms or any other policies relating to the use of the Loadsmart Community from posting and/or to terminate the User’s Loadsmart Community account.

Disclaimer of Warranties

THE LOADSMART COMMUNITY AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND LOADSMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USER ACKNOWLEDGES THAT LOADSMART DOES NOT WARRANT THAT USE OF THE LOADSMART COMMUNITY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Limitation of Liability

NEITHER LOADSMART, INCLUDING ITS SUBSIDIARIES AND AFFILAITES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS SHALL BE LIABLE TO USER OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO USER’S PARTICIPATION IN THE LOADSMART COMMUNITY, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

User will defend and indemnify Loadsmart, including its subsidiaries and affiliates, and their respective officers, directors, employees, and contractors, from and against any claim by a third party arising from or related to: (a) User’s use or attempted use of the Loadsmart Community in violation of these Terms, (b) User’s violation of any law or the rights of any third party, or (c) any Submissions, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights.

Modifications

Loadsmart may update or revise these Terms and any other policies relating to the Loadsmart Community at any time. Any updates or revisions to these Terms or the applicable policies will become effective on the date of publication by Loadsmart. After the effective date of any updates or revisions, a User’s continued use of the Loadsmart Community will constitute such User’s acceptance of the applicable updates or revisions.

Severability

These Terms will be enforced to the fullest extent permitted under applicable law. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.

Governing Law; Venue

These Terms constitute a binding agreement, and failure to comply with these Terms may result in legal action. These Terms, and any disputes arising out of or related hereto, shall be governed exclusively by the internal laws of the State of Illinois, without regard to its conflicts of laws principles. The state and federal courts located in Cook County, Illinois shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement.