Terms of Service

Introduction

These Terms of Service (“Terms”) are a legal agreement between you (referred to as “Customer,” “Administrator,” and/or “End User”) and Evermark Dispatchers (referred to as “Evermark Dispatchers,” the “Company,” or “We”) (individually a “Party” and collectively the “Parties”). Unless you and Evermark Dispatchers agree in a signed written document, these Terms govern your use of and access to Evermark Dispatchers’ services, including any software, tools, mobile applications, features, and other products and services made available through our website (https://evermarkdispatchers.com/) (“Site”) or otherwise provided by us (collectively, the “Services”).

General Service Terms

If any provision of these Terms is held invalid or unenforceable, such provision shall be removed (or interpreted in a way that makes it enforceable), and the remaining provisions shall remain in effect. Section headings are included for reference only and do not define or limit the scope of the sections.

Failure by us to enforce any right or provision in these Terms shall not constitute a waiver of such rights. These Terms represent the entire agreement between you and Evermark Dispatchers and supersede all prior written or oral agreements relating to the subject matter herein.

You agree that no partnership, joint venture, agency, or employment relationship exists between you and Evermark Dispatchers as a result of these Terms or your use of the Site. Our obligations are subject to applicable laws, regulations, and legal processes, and nothing herein restricts our right to comply with governmental or legal requests related to your use of the Site.

Intellectual Property Rights

Unless otherwise stated, Evermark Dispatchers maintains sole ownership and control over the Site and Services. All materials on this Site, including text, images, graphics, and design elements, are protected by copyright, trademarks, and other intellectual property rights owned by Evermark Dispatchers or third parties that have licensed materials to us.

We respond promptly to claims of intellectual property infringement in accordance with applicable law, including the Digital Millennium

Copyright Act (“DMCA”). If you believe your rights are being infringed, please contact us at:

info@evermarkdispatchers.com

Links to Third-Party Sites

The Site may contain links to third-party websites (“Linked Sites”). Evermark Dispatchers does not endorse, control, or take responsibility for the content, products, services, or materials available through such Linked Sites.

You agree that Evermark Dispatchers shall not be liable for any damage or loss resulting from your use of, or reliance on, any Linked Sites. For your safety, we recommend reviewing the terms of service and privacy policies of any third-party sites you visit.

Copyright and Trademark Notices

All content on the Site, including mobile applications, is © 2025 Evermark Dispatchers. All rights reserved. Any company names, trademarks, or product names mentioned on the Site are the property of their respective owners.

No Liability

The Site and Services are provided on an “as is” and “as available” basis. Evermark Dispatchers makes no guarantees that:

  • Your data or content will be protected from loss, misuse, or unauthorized access by third parties.
  • The Site will be error-free or uninterrupted.
  • The Services will meet your specific expectations or produce guaranteed results.

Downloading or using materials from the Site is at your own risk. You are solely responsible for any damage to your devices or loss of data that may occur.

To the maximum extent permitted by law, Evermark Dispatchers shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of, or inability to use, the Site or Services—even if we have been advised of the possibility of such damages.

Your Indemnity of Evermark Dispatchers

You agree to defend, indemnify, and hold harmless Evermark Dispatchers and its affiliates from any claims, damages, or expenses (including reasonable attorneys’ fees) brought by third parties that arise from:

  • Any content you submit through the Site or Services,
  • Your violation of another party’s intellectual property rights, or

Your breach of these Terms.

SMS Terms of Evermark Dispatchers

1- SMS Consent Communication:

The information as phone numbers, obtained as part of the SMS consent process, will not be shared with third parties for marketing purposes.

2- Types of SMS Communications:

If you have consented to receive text messages from Evermark Dispatchers, you may receive messages related to the following:

  • Appointment reminders
  • Follow-up messages
  • “Hello, this is a reminder of your upcoming load with the broker [Name] at [Location] on [Date] at [Time]. Reply STOP to opt out of SMS messaging at any time.”

3- Message Frequency:

Message frequency may vary depending on the type of communication. For example, you may receive up to 10 SMS messages per week related to your appointments. 

4- Potential Fees for SMS Messaging:

Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

5- Opt-In Method:

You may opt in to receive SMS messages from Evermark Dispatchers in the following ways:

  • By submitting an online form

6- Opt-Out Method:

You can opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

7- Help:

If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at https://evermarkdispatchers.com/ or call us at +1 346 560 49 01

Additional Options:

If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

8- Standard Messaging Disclosures:

Message and data rates may apply.

You can opt out at any time by texting “STOP.”

For assistance, text “HELP” or visit our https://evermarkdispatchers.com/privacy-policy/ and https://evermarkdispatchers.com/terms-of-service/ pages.

Message frequency may vary

Place of Performance

This Site is operated and controlled by Evermark Dispatchers from the United States. We make no representation that the Site or its content is available or lawful for use outside of the U.S. Accessing the Site from locations where its content is unlawful is strictly prohibited. If you access the Site from outside the U.S., you are solely responsible for complying with local laws.

Refund Policy

Our Commitment

We aim to provide services that meet and exceed your expectations. If you notice any discrepancies with your invoice or experience an issue with our services, we encourage you to contact us immediately. Our team is committed to resolving your concerns quickly and fairly.

Refund Eligibility

To request a refund, you must contact us within 10 business days of the invoice in question. A valid receipt and a clear explanation of the reason for your request are required.

Valid Reasons for Refund

We understand that unexpected circumstances may occur. When requesting a refund, please provide detailed information about the issue so we can improve our service and address your concerns effectively.

Before initiating a chargeback or third-party dispute, please reach out to us directly:

info@evermarkdispatchers.com
+1 (346) 560-4901

Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. Any disputes, claims, or legal proceedings arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Texas. By using our Site or Services, you consent to the personal jurisdiction of such courts.

Contacting Evermark Dispatchers

For questions regarding these Terms of Service, please contact us at:

info@evermarkdispatchers.com