Customer Terms of Service

By creating a company account on LoadYard, accessing the dashboard, or otherwise using the LoadYard platform (the “Service”), you (“Customer” or “you”) on behalf of the company you represent agree to be bound by these Terms of Service (this “Agreement”) between Customer and 1 Stop Resolutions LLC, a Florida limited liability company doing business as LoadYard (“LoadYard”, “we”, or “us”).

The individual accepting this Agreement represents and warrants that they have authority to bind the company.

LoadYard is a software-as-a-service platform that lets a construction contractor or general contractor post jobs, dispatch them to subcontractors and equipment operators, exchange messages, generate work orders, and track work.

LoadYard is not a contractor, subcontractor, staffing agency, employment agency, or labor broker. LoadYard does not perform or arrange construction work as a principal or agent for compensation, employs none of the subs or operators on the platform, holds no contractor license, and does not collect or remit job payments. LoadYard's role is solely that of a technology provider; Customer is at all times the contracting party with its clients and its subcontractors.

Customer represents, warrants, and covenants on a continuing basis that:

• Customer holds, in good standing, all federal, state, and local licenses and registrations required for its activities — including, where applicable, state contractor licensing and local permits;
• Customer maintains all insurance and bonding its work requires — including general liability, workers’ compensation where required, and any contractor bonds;
• Customer complies with all applicable federal, state, and local construction, labor, safety (including OSHA), tax, and worker-classification laws;
• Customer is solely responsible for vetting the subs and operators it engages via the Service, including verifying licenses, insurance, and qualifications prior to dispatch — verification badges reflect document review only and are not a warranty;
• Every work order generated through the Service is issued by Customer in Customer's own name; the contracting parties on each job are Customer and the subcontractor, not LoadYard;
• Customer pays its subs directly per Customer's own terms; LoadYard never holds, receives, or remits any portion of the job payments.

Customer agrees to indemnify, defend, and hold LoadYard harmless from any claim, enforcement action, fine, or loss arising out of Customer's failure to maintain required authority or comply with this Section 3.

The Service is provided to Customer under a flat-fee software subscription, billed monthly or annually as specified in the order form or sign-up flow. Subscription pricing is for software access only. LoadYard does not charge per job, per dispatch, per booked rate, or as a percentage of any contract amount. LoadYard does not collect, hold, or remit funds on behalf of Customer, its clients, or its subs, and the Service is not a payment-processing or money-transmission product.

Subscription fees are non-refundable except where required by law. Customer is responsible for any applicable taxes other than LoadYard's net-income taxes.

Customer owns the jobs, work orders, sub records, and other data it inputs to the Service (“Customer Data”). Customer grants LoadYard a non-exclusive license to host, transmit, and process Customer Data solely to operate the Service.

Customer is solely responsible for the accuracy of job postings, work orders, and sub-facing messages sent through the Service. Customer is responsible for obtaining and maintaining all required communication consents (including under the TCPA) before dispatching jobs through the platform.

LoadYard will not access Customer Data except as needed to provide and improve the Service or as required by law. LoadYard does not sell Customer Data.

Customer agrees it will not use the Service to:

• operate without the state or local licensing required for its activities;
• send unsolicited SMS or email to subs without prior express written consent under the TCPA;
• impersonate a different brokerage, hold itself out as LoadYard, or list a load on behalf of an entity that has not authorized it to do so;
• arrange transportation of household goods, hazardous materials, or other regulated commodities without holding the additional authority and insurance required for those commodities;
• scrape, mirror, or resell the Service or sub data accessed through the Service.

LoadYard targets high availability but does not guarantee uninterrupted access. Planned maintenance windows, third-party infrastructure incidents (Render, Twilio, Postgres, tile/map providers), and unforeseen outages may temporarily affect availability. Customer is responsible for maintaining a fallback dispatch process for time-critical loads.

Either party may terminate this Agreement for convenience at the end of any billing period with at least 30 days written notice. LoadYard may suspend the Service immediately and without prior notice if Customer fails to pay subscription fees, breaches Section 3 (Authority and Compliance), violates Section 6 (Acceptable Use), or creates a material risk to LoadYard, other customers, or subs on the platform.

Upon termination, Customer may export Customer Data in a structured format for 30 days, after which LoadYard may delete it (subject to audit-log retention required by law).

The Service is provided “as is” and “as available”. LoadYard disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. LoadYard does not warrant that any particular sub surfaced through the Service is compliant, solvent, or available; verifying subs is Customer's responsibility under Section 3.

To the fullest extent permitted by law, LoadYard will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, property damage claims, delay claims, or business interruption, arising out of or related to the Service.

LoadYard's aggregate liability to Customer under this Agreement, regardless of theory, will not exceed the subscription fees Customer actually paid to LoadYard in the twelve (12) months immediately preceding the claim.

Customer will indemnify, defend, and hold LoadYard harmless from any third-party claim (including from clients, subcontractors, workers, regulators, or insurers) arising out of: (a) Customer's failure to hold or maintain required authority or insurance; (b) the underlying subcontract between Customer and a sub; (c) any property-damage claim, payment dispute, detention, or accessorial dispute; (d) Customer's breach of this Agreement; or (e) Customer's violation of any applicable law including the TCPA.

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Customer waives the right to bring or participate in a class action, class arbitration, or representative action.

This Agreement is governed by the laws of the State of Florida, USA, without regard to conflict-of-laws principles. Disputes not subject to arbitration will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida.

LoadYard may update this Agreement by publishing a new version at this URL with an updated version string. Material changes will be communicated to the Customer's primary contact email at least 30 days before they take effect.

Questions about these Terms? Email dispatchhq@dispatchhq.live.