Terms of Service

Last Updated: June 4, 2026

1. Introduction and Acceptance

These Terms of Service (“Terms”) govern your access to and use of the website located at mdsdispatch.com, any related online forms or communications, and the dispatch support services offered by MARCIANOS DISPATCH SERVICES LLC d/b/a MDS Dispatch Services (“MDS,” “Company,” “we,” “us,” or “our”).

By accessing our website, submitting a form, requesting a quote, signing up for services, communicating with us by phone, email, SMS, or other channels, or using our services, you agree to be bound by these Terms and by our Privacy Policy. If you are using the services on behalf of a company, fleet, motor carrier, owner-operator, or other entity, you represent that you have authority to bind that entity to these Terms.

2. Relationship to Service Agreements

These Terms apply to the website and to MDS services generally. Specific services, pricing, fees, cancellation terms, payment methods, responsibilities, and operating procedures may also be described in a signed service agreement, proposal, onboarding form, statement of work, invoice, or other written agreement between you and MDS (each, a “Service Agreement”).

If there is a direct conflict between these Terms and a written Service Agreement signed or accepted by both parties, the Service Agreement will control only for the conflicting provision and only for the services covered by that Service Agreement.

3. Definitions

4. Description of Services

MDS provides professional dispatch support and administrative services for carriers, owner-operators, and small fleets, particularly in the car hauling industry. Depending on the arrangement, the Services may include:

• Identifying and presenting potential load opportunities based on your operating preferences, equipment, availability, lanes, and business goals;
• Assisting with broker, shipper, or customer communications on your behalf, when authorized by you;
• Supporting rate discussions and negotiation communications, subject to your approval and final decision;
• Helping with route planning, lane planning, scheduling coordination, and operational communication;
• Supporting document collection, paperwork organization, administrative follow-up, and weekly reporting;
• Providing related business support services agreed in writing.

Note: MDS may update, modify, suspend, or discontinue website features, contact methods, service procedures, or service offerings from time to time, provided that any active Service Agreement will remain subject to its specific terms.

5. Dispatch Services; Carrier Control and Regulatory Responsibility

MDS provides dispatch and administrative support. Unless separately stated in a written agreement and supported by all required legal authority, MDS does not act as a motor carrier, freight broker, freight forwarder, shipper, insurer, factoring company, legal advisor, tax advisor, or financial advisor.

The Client remains solely responsible for its motor carrier operations and business decisions, including but not limited to:

• Maintaining all required FMCSA, U.S. DOT, state, local, insurance, safety, and operating authority requirements;
• Accepting, rejecting, assigning, cancelling, or performing any load or shipment;
• Determining whether a rate, lane, broker, shipper, load, route, timing, or shipment is acceptable;
• Ensuring driver qualification, licensing, vehicle condition, cargo securement, hours-of-service compliance, ELD compliance, and safety compliance;
• Maintaining active insurance coverage appropriate for the Client’s operations and cargo;
• Reviewing and complying with broker-carrier agreements, rate confirmations, bills of lading, dispatch sheets, load requirements, and all contractual obligations;
• Paying all taxes, tolls, fuel costs, driver compensation, fines, penalties, claims, deductions, chargebacks, and operating expenses.

MDS may assist with communications and administrative tasks, but the Client retains ultimate control over its transportation operations and business decisions. The Client must promptly review all load information, rate confirmations, and related documents before accepting or performing any load.

6. No Guaranteed Loads, Revenue, Profit, or Results

MDS works to help Clients identify opportunities and improve operational efficiency, but transportation markets are variable and are affected by factors outside MDS’s control, including freight demand, broker availability, route conditions, equipment type, insurance status, carrier reputation, safety ratings, cancellations, delays, weather, traffic, rates, fuel prices, inspections, accidents, and customer or broker decisions.

MDS does not guarantee any minimum number of loads, specific rate per mile, gross revenue, profit, lane availability, broker acceptance, customer acceptance, load board access, or business outcome.

7. Client Responsibilities

You agree to:

• Provide accurate, complete, and current information about your business, authority, equipment, insurance, drivers, availability, preferences, and operating limitations;
• Promptly notify MDS of any change affecting your ability to operate, including insurance status, authority status, safety rating, driver availability, truck condition, trailer condition, or compliance limitations;
• Provide timely approvals, decisions, documents, and instructions needed for MDS to perform the Services;
• Review all information provided by MDS before relying on it or taking action;
• Maintain secure access to any accounts, email addresses, load boards, portals, or systems used in connection with your business;
• Use the Services only for lawful business purposes and in compliance with all applicable laws, regulations, contracts, and industry requirements;
• Pay all fees and charges when due.

MDS may rely on information you provide. MDS is not responsible for delays, errors, losses, claims, or missed opportunities caused by inaccurate, incomplete, outdated, delayed, or misleading information provided by you or by third parties.

8. Account Access, Authorization, and Third-Party Platforms

To provide the Services, MDS may need access to certain third-party platforms, systems, accounts, portals, load boards, email accounts, CRM tools, communication systems, or documents. You are responsible for ensuring that you have the right to provide such access and that providing access does not violate any third-party terms or laws.

If you provide login credentials, API keys, portal access, documents, or other account access to MDS, you authorize MDS to use that access solely to provide the Services. You remain responsible for monitoring your accounts and for complying with the applicable third-party terms.

MDS is not responsible for the availability, accuracy, pricing, terms, decisions, actions, outages, restrictions, suspensions, or errors of third-party platforms, load boards, brokers, shippers, payment processors, factoring companies, CRM tools, phone providers, advertising platforms, or other third parties.

9. Fees, Billing, and Payment

MDS provides dispatch services based primarily on a percentage of the load value, unless a different fee structure is agreed in writing. The applicable percentage, billing method, payment due dates, and payment methods will be stated in the applicable Service Agreement, invoice, onboarding document, or written communication from MDS.

Unless otherwise stated in writing, all fees are in U.S. dollars and are due when invoiced or as otherwise agreed in writing. You authorize MDS and its payment processors to charge the payment method you provide for amounts due. You are responsible for keeping payment information current and for paying all applicable fees, taxes, chargebacks, returned-payment fees, bank fees, and collection costs, to the extent permitted by law.

If payment is late, declined, reversed, disputed without good faith basis, or otherwise not received when due, MDS may suspend or terminate the Services, pause work, withhold non-essential deliverables, or require payment before continuing Services. Suspension or termination does not waive amounts already owed.

10. Cancellations, Refunds, and Outstanding Amounts

Because MDS provides an ongoing dispatch service based on a percentage of load value rather than a prepaid subscription, MDS does not offer refunds for Services already performed, earned dispatch fees, or amounts due on loads sourced, negotiated, supported, booked, dispatched, or otherwise handled before cancellation or termination.

Unless a different period is agreed in writing, either party may cancel the dispatch service relationship by giving at least seven (7) days written notice. The Client remains responsible for all outstanding invoices, earned dispatch fees, authorized expenses, and amounts incurred or earned before the effective cancellation date.

MDS may provide reasonable transition support when agreed in writing, but MDS is not required to continue providing Services after termination, nonpayment, or the effective cancellation date.

11. Communications, SMS, and Electronic Consent

By providing your phone number, email address, or other contact information, you authorize MDS to contact you about inquiries, quotes, onboarding, dispatch services, operational updates, documents, billing, customer support, marketing, and related business communications. Communications may occur by phone, email, SMS/text message, messaging apps, website forms, CRM systems, or other channels.

Message and data rates may apply to SMS or mobile communications. You may opt out of marketing messages where required by law, but MDS may still send transactional or service-related communications necessary to provide the Services.

12. Privacy

Your use of the website and Services is also governed by our Privacy Policy, which explains how we collect, use, disclose, and protect personal information. The Privacy Policy is incorporated into these Terms by reference.

MDS may use third-party service providers and tools, including Google Analytics, Google Ads, Meta Ads, Meta Pixel, HubSpot, website hosting providers, payment processors, communication tools, and other business systems, as described in our Privacy Policy.

13. Website Use and Restrictions

You may use the website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the website or Services for fraudulent, unlawful, misleading, abusive, or harmful purposes;
• Interfere with, disrupt, overload, attack, scrape, reverse engineer, or attempt to gain unauthorized access to the website, systems, accounts, or data;
• Copy, reproduce, sell, license, distribute, or exploit website content except as permitted by MDS in writing;
• Submit false, incomplete, misleading, infringing, confidential, or unlawful content or information;
• Use MDS’s name, brand, logo, website content, materials, or communications in a way that suggests endorsement, partnership, or authorization without written consent.

14. Intellectual Property

The website and its content, including text, design, graphics, logos, service descriptions, documents, templates, workflows, business methods, reports, layouts, and other materials, are owned by MDS or its licensors and are protected by intellectual property and other laws.

Subject to your compliance with these Terms and payment of applicable fees, MDS grants you a limited, revocable, non-exclusive, non-transferable license to access and use the website and any materials provided to you solely for your internal business purposes in connection with the Services.

You retain ownership of materials and information you provide to MDS. You grant MDS a limited right to use, reproduce, store, transmit, modify, and process those materials as reasonably necessary to provide the Services, communicate with you, maintain business records, and comply with legal obligations.

15. Feedback and Suggestions

If you provide feedback, ideas, suggestions, reviews, comments, or recommendations about the website or Services, you grant MDS a perpetual, worldwide, royalty-free right to use that feedback for business, marketing, improvement, and development purposes without compensation to you, provided that MDS will not intentionally disclose your confidential information in violation of these Terms.

16. Confidentiality

Each party may receive non-public business, operational, technical, financial, customer, pricing, account, or other confidential information from the other party. Each party agrees to use the other party’s confidential information only for purposes of performing or receiving the Services and to protect it using reasonable care.

Confidentiality obligations do not apply to information that is publicly available through no fault of the receiving party, independently developed without use of the confidential information, rightfully received from a third party without restriction, or required to be disclosed by law, court order, or government request.

These confidentiality obligations survive termination for three (3) years, except for trade secrets, which remain protected for as long as they qualify as trade secrets under applicable law.

17. Third-Party Links, Platforms, Brokers, Shippers, and Services

The website or Services may involve links to third-party websites or interaction with third-party platforms, brokers, shippers, customers, carriers, load boards, payment providers, factoring companies, CRM systems, map tools, communication providers, advertising platforms, or other services.

MDS does not control third parties and is not responsible for their terms, actions, omissions, decisions, availability, fees, data practices, delays, cancellations, disputes, or content. Your use of third-party services is subject to their own terms and policies. MDS does not guarantee that any third party will accept a Client, approve a Carrier, offer loads, pay invoices, honor rates, avoid cancellation, or perform as expected.

18. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED IN A WRITTEN SERVICE AGREEMENT, MDS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND ERROR-FREE OPERATION.

MDS does not warrant that the website or Services will be uninterrupted, secure, timely, error-free, compatible with your systems, or free from harmful components, or that any particular business result will be achieved.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MDS AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST LOADS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF DATA, OR CLAIMS ARISING FROM THIRD-PARTY ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MDS’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO MDS FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you. In such cases, liability will be limited to the greatest extent permitted by law.

20. Indemnification

You agree to defend, indemnify, and hold harmless MDS and its owners, officers, employees, contractors, agents, affiliates, service providers, and licensors from and against any claims, liabilities, damages, losses, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your use of the website or Services;
• Your transportation operations, load decisions, carrier operations, drivers, equipment, cargo, safety compliance, insurance, authority, or regulatory obligations;
• Your breach of these Terms or any Service Agreement;
• Your violation of applicable law, regulation, third-party contract, load board rule, broker-carrier agreement, shipper requirement, or third-party right;
• Information, documents, credentials, or instructions provided by you;
• Any accident, cargo claim, delay, service failure, rate dispute, chargeback, deduction, cancellation, detention, storage, impound, fine, penalty, or claim connected to your operations.

MDS reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with MDS’s defense of such claims.

21. Independent Contractor Relationship

The relationship between MDS and the Client is that of independent contractors. Nothing in these Terms creates an employment, agency, partnership, joint venture, franchise, fiduciary, or similar relationship, except to the limited extent that the Client expressly authorizes MDS in writing to perform specific dispatch or administrative tasks on the Client’s behalf.

MDS has no authority to bind the Client to any load, rate, contract, shipment, expense, or obligation unless the Client has expressly authorized MDS to do so in writing or through documented operating instructions.

22. Suspension and Termination

MDS may suspend or terminate website access or Services immediately, with or without the seven (7) day cancellation notice period, if:

• You fail to pay amounts when due;
• You provide false, incomplete, outdated, or misleading information;
• You violate these Terms, a Service Agreement, applicable law, or third-party requirements;
• Your authority, insurance, safety rating, payment status, or account status creates operational, legal, financial, or reputational risk;
• MDS reasonably determines that continued service is unsafe, unlawful, commercially impractical, or inconsistent with MDS policies.

Upon termination, you must stop using any restricted MDS materials, pay all amounts owed, and cooperate with any reasonable transition steps. Sections intended to survive termination, including payment, confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law, will survive termination.

23. Changes to These Terms

MDS may update these Terms from time to time by posting the revised version on the website or by otherwise providing notice. The updated Terms will be effective as of the date stated in the revised Terms. Your continued use of the website or Services after the effective date means you accept the updated Terms. Material changes to a signed Service Agreement will not apply retroactively unless agreed by the parties in writing.

24. Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law principles, unless a different governing law is required by applicable law or stated in a written Service Agreement signed by both parties.

25. Dispute Resolution; Informal Resolution; Arbitration

Before filing a claim, each party agrees to try to resolve disputes in good faith by sending written notice describing the dispute, relevant facts, and requested relief. The parties will attempt to resolve the dispute through informal negotiation for at least thirty (30) days after notice is sent.

If the dispute is not resolved informally, the parties agree that any dispute, claim, or controversy arising out of or relating to these Terms, the website, or the Services will be resolved by binding arbitration, except that either party may seek injunctive or equitable relief in court to protect intellectual property, confidential information, or account security.

Arbitration will be conducted in accordance with the rules of the American Arbitration Association, unless the parties agree otherwise in writing. To the maximum extent permitted by law, each party waives the right to a jury trial and agrees that disputes will be brought only on an individual basis and not as a class, collective, consolidated, or representative action.

26. Notices

Notices to MDS must be sent to dispatch@mdsdispatch.com or to the mailing address listed below. Notices to you may be sent to the email address, mailing address, phone number, or account contact information you provide to MDS. You are responsible for keeping your contact information current.

27. Miscellaneous

These Terms, together with the Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and MDS regarding the website and Services. If any provision is found invalid or unenforceable, the remaining provisions will remain in effect.

MDS’s failure to enforce a provision is not a waiver of its right to do so later. You may not assign these Terms without MDS’s prior written consent. MDS may assign these Terms in connection with a merger, acquisition, sale of assets, reorganization, or transfer of business operations.

28. Contact Information

If you have questions about these Terms, contact MDS at:

• Company: MARCIANOS DISPATCH SERVICES LLC
• Email: dispatch@mdsdispatch.com
• Phone: (813) 326-5232
• Mailing Address: 9306 Woodbay Dr, United States