General Purpose. These Terms of Use Agreement that You, the Website user, are entering with ELH Trucking LLC, dba Insearch Trucking & Logistics (“Company,” “we,” “us,” or “our”). We govern how you may access and use our Website, including our SMS text messaging program. The Company and You will collectively be referred to as “Parties,” and each individually as a “Party.”

By accessing our Website, you are agreeing to these Terms and our Privacy Policy, accessed here, which is hereby incorporated by reference. If you do not wish to agree to these Terms and our Privacy Policy or are not legally able to form a binding contract, you must immediately quit using our Website.

Age Limitations. Our Website and SMS messaging program are offered to users who are at least 18 years old. If you are not at least 18 years old, you are not allowed to use our Website or participate in our SMS messaging program. By continuing to use our Website or by opting in to receive text messages, you are representing that you meet this minimum age requirement.

Changing Terms. We reserve the right to update and revise these Terms at any time without notice to you. The date that these Terms were last updated is noted on the top of this Agreement. Your continued use of the Website after we have updated these Terms indicates your acceptance and agreement to the changes.

Website Changes + Access. As our Company evolves, our Website and its contents will change with it. We reserve the right to delete, withdraw, or edit this Website (and any service or material we provide on the Website) however we see fit, at any time, and without notice. We are not liable to you if the Website or any part of it is unavailable.

If you are prompted to provide registration information or other details to access the Website or any part of it, including submitting your phone number to opt in to SMS messages, you are warranting that the information you provide is correct.

Privacy. We respect your privacy and are committed to protecting it. We may use certain information that we collect from you, including your phone number, to operate our Company, our Website, and our SMS messaging program. Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) and how we use your Data. By continuing to use our Website or opting in to our SMS program, you are expressing that you agree with how we collect and use your Data as set out in these Terms and our Privacy Policy.

SMS Messaging Program

Description of Program. By providing your phone number and opting in through our website form, you consent to receive SMS text messages from ELH Trucking LLC dba Insearch Trucking & Logistics at the phone number provided. Messages may include:

• Transactional and informational messages, such as appointment reminders, dispatch notifications, and service updates; and
• If you separately opt in, promotional and marketing messages, such as special offers and promotions.

Message frequency may vary depending on your interactions with our Company and the services requested.

Cost of Messages. Message and data rates may apply to all SMS communications, depending on your mobile carrier and wireless plan. ELH Trucking LLC dba Insearch Trucking & Logistics is not responsible for any charges you incur from your wireless carrier related to receiving these messages.

How to Opt Out. You may opt out of receiving SMS messages at any time by replying STOP to any text message you receive from us. After opting out, you may receive one final message confirming that your opt-out request has been processed. If you wish to opt back in to receive messages, you may do so by re-submitting your consent through our website form.

How to Get Help. If you need assistance or have questions about our SMS messaging program, reply HELP to any message you receive from us, or contact us directly at estimating@insearchcorp.com.

Carrier Liability. Carriers are not liable for delayed or undelivered messages. Wireless carriers, including but not limited to AT&T, T-Mobile, and Verizon, are not liable for damages arising from or related to our SMS messages, including delayed or undelivered messages.

No Sharing of Information. We do not share or sell your mobile phone number or opt-in consent information with third parties or affiliates for marketing or promotional purposes.

Protection of Personal Information

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property

We enjoy sharing and creating valuable content on our Website for all our users to engage with and enjoy. However, in making this content publicly available, we still hold ALL of the Intellectual Property Rights to the work, including but not limited to trademarks, copyrighted material, trade secrets, and other proprietary information owned by the Company and its designees.

You understand and agree that you are only allowed to access the Website and our content for your personal, non-commercial use. You are not allowed to reproduce, modify, or share the material contained on or downloaded from our Website.

You may not use the Company’s trademarks including, but not limited to, brand names, logo marks, service marks, designs, and slogans, without written permission from the Company.

Linking to Website + Social Media

If you are linking to our Website as a credited source for an article, blog, or press, you must include a link to our Website in the cited material. No information or content from our Website should be copied in its entirety without express written permission from the Company.

All links to our Website must establish that you do not have any association or endorsement from the Company (absent a separate affiliate, influencer, or other written agreement). You should only link to our Website on a site or social media account that is owned by you and complies with the content guidelines in this Agreement.

Restricted Uses

Our Website should only be accessed and used for lawful purposes according to these Terms. You are not allowed to use the Website:

• In violation of any State, Federal, or International Laws.
• For any discriminatory purpose.
• For any purpose in violation of our User Content provision.
• For any spoofing, spamming, or impersonating the Company.
• To transmit or distribute spam email or messaging.

Further, you may not:

• Implement or use any spider, crawler, scraping, bots, or other automated processes to access the Website.
• Interfere with the Website’s operation in any way, including through viruses, malicious code, attacks, or programs.
• Bypass or hack authentication processes or gain any unauthorized access to the Website.

User Submissions

Our Website may contain features which enable you to submit or post content and material to the Website and/or submit directly to the Company. All user submissions are non-confidential. You relinquish to the Company all proprietary rights in the same upon submission.

You understand and agree that you are solely responsible and liable for any submissions you make. The Company will not be held liable in any way for your submissions or posts.

Consent to Use. By submitting reviews, images, comments, testimonials, or tags to us on any platform, you are by default granting us a commercial license and voluntarily releasing us to use your submissions for any reasonable future business use.

Monitoring + Enforcement

We are unable to review all submissions, posts, and materials before they are posted to the Website, and cannot be held liable for the failure to remove objectionable submissions or posts. The Company may remove user submissions and content for any reason and at its sole discretion, and may terminate user access to the Website for any reason without notice.

You understand and agree that the Company may be required to disclose your identity or personally identifiable information due to third-party claims, legal matters, or for other purposes in compliance with law enforcement agencies, court orders, or appropriate directives.

User Content Guidelines

We will not tolerate hate speech, sexually explicit materials, copyright infringements, or other content that violates our Content Standards. User submissions are not allowed to:

• Violate any state, federal, or local laws and regulations or promote illegal activities.
• Violate any other person or entity’s intellectual property or legal rights.
• Contain or encourage any obscene, indecent, sexually explicit, or violent material and/or acts.
• Contain any hateful, discriminatory, or other objectionable content.
• Embarrass, stalk, harass, or harm another person.
• Misrepresent any person’s identity or organizational affiliation.
• Be used for any promotional or commercial purposes, including advertising.

Website Disclaimer

We do not warrant the accuracy, completeness, or usefulness of the information you find on our Website. Any reliance you place on such information is at your own risk. The Website and its content is informational in nature and does not represent legal, medical, financial, or other professional industry-specific advice.

External + Affiliate Links

From time to time, we will link to external websites and sources outside of our Company for your convenience only. We have no control over the contents of these sites, nor access to making changes or amendments to them.

Geographic Limitations

The owner of the Website is based in the State of Arizona in the United States. We provide this Website and our SMS messaging program for use only by persons located in the United States.

No Warranties + No Guarantees

The Company is providing this Website and all content accessible through it on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied. We cannot guarantee that the Website and any downloadable content will be free from viruses or other harmful code.

Limitation of Liability

The Company is in no way liable to You or any other third party for any and all damages including, but not limited to, punitive or exemplary damages relating to this Agreement or Your use of this Website. If found to be applicable by a court of competent jurisdiction or by law, the Company’s total liability arising out of or related to this Agreement will be limited to the total amount paid to the Company preceding the event giving rise to the claim.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its designees in all cases arising out of your use of our Website, web content, services, or any information contained therein.

Binding Arbitration

In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The arbitration itself will be held in Maricopa, Arizona. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue.

Choice of Law

This Agreement and the Parties’ relationship are governed by the laws of the State of Arizona / County of Maricopa. In the event of conflicting laws, the laws of Arizona will control.

Severability + No Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in this Agreement will remain valid and enforceable. By failing to enforce any right or provision of this Agreement, we are not waiving the right to enforce the same in the future.

Transfer + Assignment

You may not transfer or assign any of your rights under this Agreement to any third party without the express written consent of the Company.

Notices

We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) posting to the Website. Notices sent by email will be effective at the time of sending, and notices posted to the Website will be effective upon posting.

You may provide notice to the Company by certified mail to:

ELH Trucking LLC dba Insearch Trucking & Logistics [Insert Business Mailing Address]

All legal notices, including those related to intellectual property and copyright infringement claims, should be sent by certified mail to the address above.

All requests and other communications relating to the Website, including SMS program inquiries, should be directed to: estimating@insearchcorp.com.

Headings for Convenience Only

The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.

Entire Agreement + All Rights Reserved

These Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.

Thank you for reading the Terms of Use in its entirety. We hope you were able to gain clarity on how to effectively use and browse our Website.