User Agreement Android

Mobile App Privacy Policy

Mobile Application End User License Agreement

Mobile App Privacy Policy

Last modified: 09/02/26

Introduction

Expediter Services, LLC (“Company” or “We“) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

  • The types of information we may collect or that you may provide when you download, install, or use the ES ADVANTAGE Application (the “App“).
  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in this App and in email, text, and other electronic communications sent through or in connection with this App, and our third party customer relationship management software.

This policy DOES NOT apply to information that:

  • We collect offline or on any other Company apps or websites, including websites you may access through this App.
  • You provide to or is collected by any third party (see Third-Party Information Collection below).

Our websites and apps, and these other third parties have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy below). Your continued use of this App after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Children Under the Age of 16

The App is not intended for children under 16 years of age, and we do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at [email protected]

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

Information We Collect and How We Collect It

We collect information from and about users of our App:

  • Directly from you when you provide it to us.
  • Automatically when you use the App.

Information You Provide to Us

When you download, register with, or use this App, we may ask you provide information:

  • By which you may be personally identified, such as name and email address or any other identifier by which you may be contacted online or offline (“personal information“).

This information includes:

  • Information that you provide by filling in forms in the App. This includes information provided in connection with funding your account via the App and requesting further services. We may also ask you for information when you report a problem with the App.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Details of transactions you carry out through the App and of the fulfillment of your funding requests. You may be required to provide financial information before issuing a funding request through the App.

Automatic Information Collection    

When you download, access, and use the App, it may use technology to automatically collect:

  • Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
  • Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, operating system, browser type, mobile network information, and the device’s telephone number.
  • Location Information. This App collects real-time information about the location of your device.

If you do not want us to collect this information do not download the App or delete it from your device.

We also may use these technologies to collect information about your acceptance of terms of use or privacy policies.

Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include analytics companies.

These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Your Choices About Our Collection, Use, and Disclosure of Your Information below.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the App and its contents, and any other information or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Carry out our obligations and enforce our rights arising from any transactions or funding requests conducted via the App.
  • Notify you when App updates are available, and of changes to any services we offer or provide though it.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our user capacity and usage patterns.
  • Store information about your preferences, allowing us to customize our App according to your individual interests.
  • Speed up your searches.
  • Recognize you when you use the App.

We use location information we collect to demonstrate service locations convenient to the user.

We may also use your information to contact you about our other services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information below.

Disclosure of Your Information

We may disclose aggregated information about our users without restriction.

In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Expediter Services LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Expediter Services LLC about our App users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us, including the App EULA, or for any other transaction or funding request made through the App.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Expediter Services, LLC, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.
  • Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the App may become inaccessible or not function properly.
  • Promotion by the Company. If you do not want us to use your email address to promote our own services, you can opt-out by sending us an email stating your request to [email protected]

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Accessing and Correcting Your Personal Information

You can review and change your personal information at the time any fund request is issued.

You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit Your California Privacy Rights.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:
[email protected]
or via our toll-free number:
(866) 811-3033

Mobile Application End User License Agreement

This Mobile Application End User License Agreement (“Agreement“) is a binding agreement between you (“End User” or “you“) and Expediter Services, LLC (“Company“). This Agreement governs your use of the ES ADVANTAGE on the Google Play Store, (including all related documentation, the “Application“). The Application is licensed, not sold, to you.

BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:

(a) download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device“) strictly in accordance with the Application’s documentation; and

(b) access, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.

 2. License Restrictions. You shall not:

(a) copy the Application, except as expressly permitted by this license;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;

(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;

(g) use the Application or any related Content or Services to plan, undertake, or participate in any activities that violate any and all applicable state and U.S. federal laws, including, but not limited to criminal statutes.

(h) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments; or

(i) use the Application or any related Content or Services to plan, undertake, or participate in any activities that violate any and all applicable local, state, federal, or international laws, including, but not limited to criminal statutes.

3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves and shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

4. Collection and Use of Your Information. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy  , including the “Your California Privacy Rights” section thereof as applicable to California residents. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and, as applicable, our California Resident Privacy Policy.

5. Content and Services. The Application may provide you with access to Company’s website located at essuccessintrucking.com (the “Website“) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Websites (collectively, “Content and Services“). Your access to and use of such Content and Services are governed by Websites’ Terms of Use and Privacy Policy located at https://essuccessintrucking.com/terms-and-conditions/ and https://essuccessintrucking.com/privacy-policy/, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

6. Geographic Restrictions. The Content and Services are based in the state of Mississippi in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are solely responsible for compliance with local laws.

7. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

(a) the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

8. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

9. Term and Termination.

(a) The term of Agreement commences when you download and install the Application and will continue in effect until terminated by you or Company as set forth in this Section 9.

(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

(c) Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Company may also suspend or terminate your access to the Application immediately if Company reasonably believes you have violated this Agreement, engaged in fraudulent activity, or pose a security risk. Company shall have no liability to you for any such termination or suspension.

(d) Upon termination:

(i) all rights granted to you under this Agreement will also terminate; and

(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

(e) Termination will not limit any of Company’s rights or remedies at law or in equity.

10. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THE APPLICATION MAY RELY ON THIRD-PARTY HOSTING SERVICES, CLOUD INFRASTRUCTURE, AND OTHER TECHNOLOGY PLATFORMS THAT ARE NOT UNDER COMPANY’S CONTROL. COMPANY MAKES NO WARRANTIES REGARDING THE AVAILABILITY, RELIABILITY, SECURITY, OR PERFORMANCE OF ANY THIRD-PARTY HOSTING SERVICES OR INFRASTRUCTURE, AND COMPANY SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS, DELAYS, DATA LOSS, OR OTHER ISSUES ARISING FROM OR RELATED TO SUCH THIRD-PARTY HOSTING SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS

11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

11.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: (a) LOSS OF PROFITS, REVENUE, OR ANTICIPATED SAVINGS; (b) LOSS OF BUSINESS OPPORTUNITY OR BUSINESS INTERRUPTION; (c) LOSS OF USE, DATA, OR GOODWILL; (d) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (e) DAMAGE TO REPUTATION; (f) LOSS ARISING FROM SYSTEM FAILURES, COMPUTER VIRUSES, OR UNAUTHORIZED ACCESS; OR (g) ANY OTHER PECUNIARY LOSS OR COMMERCIAL DAMAGE, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS EXCLUSION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. THIS SECTION 11.1 SUPPLEMENTS, AND DOES NOT LIMIT, SUPERSEDE, OR NARROW, THE LIMITATIONS AND DISCLAIMERS SET FORTH IN SECTION 11.

12. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and costs of investigation and litigation, arising from or relating to: (a) your use or misuse of the Application; (b) your breach of this Agreement; (c) your violation of any law, regulation, or third-party right; (d) the content you submit or make available through this Application; (e) your willful misuse or fraudulent use of pre-paid cards in violation of applicable law; or (f) any third-party claim related to your use of the Application. This indemnification obligation will survive termination of this Agreement and your use of the Application. Company reserves the right to assume exclusive control of the defense of any claim subject to indemnification, and you agree to cooperate fully with Company in such defense.

13. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

14. US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

15. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

16. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Mississippi without giving effect to any choice or conflict of law provision or rule. Subject to the mandatory arbitration provisions in Section 20, any legal suit, action, or proceeding arising out of or related to this Agreement or the Application that is not subject to arbitration, and any action to enforce an arbitration award, shall be instituted exclusively in the federal courts of the United States or the courts of the State of Mississippi in each case located in Southaven and Desoto County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED (WHETHER BY FILING A CLAIM IN COURT OR BY SUBMITTING A DEMAND FOR ARBITRATION UNDER SECTION 20) WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. Entire Agreement. This Agreement and our Mobile App Privacy Policy (and California Resident Privacy Policy, as applicable) constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

19. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

20. DISPUTE RESOLUTION AND ARBITRATION. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

(a) Mandatory Arbitration. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C.  1 et seq. Except for (i) disputes relating to Company’s intellectual property rights or your violation of Section 2 (License Restrictions), and (ii) individual claims properly brought in a small-claims court so long as the matter remains in that court and proceeds only on an individual basis, any controversy or claim arising out of or relating to this Agreement or the Application, including but not limited to claims arising under federal, state, or local statutory or common law, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable. The arbitration shall be conducted in DeSoto County, Mississippi, or at such other location as the parties may mutually agree, before a single arbitrator. Each party shall bear its own costs and attorneys’ fees, and the parties shall share the arbitrator’s fees and administrative costs of arbitration in accordance with the applicable AAA rules, unless the arbitrator determines that a party’s claims or defenses were frivolous or brought in bad faith, in which case the arbitrator may award costs and fees to the prevailing party. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration provision shall survive termination of this Agreement.

(b) CLASS ACTION WAIVER. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

(c) JURY TRIAL WAIVER. TO THE EXTENT PERMITTED BY LAW, YOU AND COMPANY HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION.

21. Modification of Agreement. Company reserves the right to modify this Agreement at any time in its sole discretion. If we make material changes to this Agreement, we will provide notice through the Application or by other reasonable means. Your continued use of the Application after such notice constitutes your acceptance of the modified Agreement. If you do not agree to the modifications, you must immediately stop using the Application and delete it from your Mobile Device.

22. Force Majeure. Company shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

23. PLATFORM-SPECIFIC PROVISIONS (GOOGLE PLAY STORE / ANDROID).

(i) Distribution Platform. The Application is made available through the Google Play Store. Your use of the Application is also subject to the Google Play Terms of Service.

(ii) Google Play Requirements. You acknowledge that this Agreement is between you and Company only, and not with Google Inc. or any of its affiliates (collectively, “Google”). Company, not Google, is solely responsible for the Application and its content.

(iii) Updates via Google Play. Updates to the Application may be automatically downloaded and installed through the Google Play Store based on your device settings. You agree to accept such updates and acknowledge that the Application may not function properly if updates are not installed. Company reserves the right to discontinue support for older versions of the Application, and your continued use of outdated versions is at your own risk.

(iv) Platform Removal and Unavailability. You acknowledge that the Application may be removed from the Google Play Store at any time, either by Company or Google, for any reason or no reason, and that Company shall have no liability to you for any such removal. If your Google Play Store account is suspended or terminated, you may lose access to the Application, and Company shall not be responsible for any such loss of access. Company makes no guarantee that the Application will remain available on the Google Play Store.

(v) In-App Purchases and Payment Processing. If the Application offers any in-app purchases, subscriptions, paid features, or processes payments for services, all such transactions are processed by Google through the Google Play Store billing system. Company is not responsible for any payment processing failures, errors, or disputes arising from Google’s payment systems. All billing disputes must be directed to Google in accordance with Google Play’s policies. Refund eligibility and processing are governed by Google Play’s refund policies, not by Company. You acknowledge that Company has no control over Google’s billing systems and accepts no liability for any issues related thereto.

(vi) Google Data Collection. You acknowledge and agree that Google may independently collect data about your use of the Application and your Mobile Device through the Google Play Store and Google Play Services. Company is not responsible for Google’s data collection practices, which are governed by Google’s privacy policies. Company makes no representations or warranties regarding Google’s handling of your data.

(vii) Device and OS Compatibility. The Application requires certain minimum Android OS versions and device specifications to function properly. Company reserves the right to discontinue support for older Android OS versions or specific device models at any time without notice. Company makes no warranty that the Application will function on rooted devices, modified operating systems, or devices with manufacturer customizations. Company shall not be liable for any performance issues, malfunctions, or security vulnerabilities arising from use of the Application on unsupported devices or OS versions.

(viii) Compliance with Google Play Policies. You agree to comply with all applicable Google Play Store policies and developer distribution agreements in your use of the Application. Any violation of Google Play policies in connection with your use of the Application shall constitute a material breach of this Agreement.

(ix) Platform-Mandated Changes. Company reserves the right to modify, update, or discontinue features of the Application at any time to comply with Google Play Store requirements, policies, or technical specifications, without prior notice to you. You acknowledge that such changes may affect the functionality or availability of certain features.

(x) Third-Party Platform Services. The Application may integrate with or rely upon Google Play Services, push notifications, location services, or other platform-specific features provided by Google. Company makes no warranties regarding the availability, reliability, accuracy, or performance of any such Google services and shall not be liable for any interruptions, errors, or failures of such services.

(xi) Conflict. In the event of any conflict between the platform-specific provisions in this Section 23 and any other provision of this Agreement, the platform-specific provisions shall control with respect to users of the Google Play Store.