LivestockNetwork.com Terms of Service

Last updated: April 22, 2026

Welcome to the LivestockNetwork.com website (the “Website”) and/or mobile applications (the “Apps”) provided to you by Livestock Network, LLC (“Livestock Network,” “we,” “us,” “our”). The Website, the Apps, and other features of the Service (as defined below) were created to provide a platform for connecting livestock shippers, brokers, carriers, and haulers and to facilitate the movement of livestock freight. These Terms of Service (the “Terms of Service”) govern your access to and use of the Service, including any content, functionality, data, or any other feature of the Service, whether as a guest or registered user.

ACCEPTANCE OF TERMS OF SERVICE

Livestock Network provides the Service to you, subject to these Terms of Service and our privacy policy, incorporated herein by reference (the “Privacy Policy”). Your use of the Website, the Apps, application programming interfaces (“APIs”), or other features of the Service constitutes your agreement to be bound by all terms, conditions, and notices contained in these Terms of Service. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS OF SERVICE, DO NOT ACCESS THE WEBSITE OR THE APPS AND DO NOT USE THE SERVICE. You should read all the Terms of Service carefully as they constitute a legally binding agreement between you and Livestock Network.

REGISTERED USER ACCEPTANCE; HEIGHTENED OBLIGATIONS

By creating an account, logging in, or otherwise accessing any authenticated portion of the Service, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms of Service, including without limitation the Ownership of Data and Platform Content, Prohibited Uses; No Scraping or Automated Access, No Competitor Access or Use, and Enforcement and Liquidated Damages sections. Each login or access event constitutes a renewed affirmation of your agreement to the then-current version of these Terms of Service.

As a registered user, you are granted access to non-public areas and non-public Platform Data that would not otherwise be available to you. In consideration of that access, you agree that:

  1. Your access is a revocable license conditioned on full compliance with these Terms of Service, and any access that exceeds or violates these Terms of Service is unauthorized and exceeds your authorized access within the meaning of the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and analogous state laws;
  2. You are individually responsible and liable for all activity that occurs under your account credentials, regardless of whether that activity is conducted by you, your employer, your employees, your agents, your contractors, or any third party to whom you have disclosed your credentials;
  3. You will not permit, enable, assist, or tolerate any other person or entity (including any Competitor) to access, view, copy, extract, or otherwise use the Service or the Platform Data through your account credentials; and
  4. You will promptly notify Livestock Network at [email protected] of any suspected unauthorized access or use of your account or of the Platform Data.

CHANGES TO TERMS OF SERVICE

Livestock Network may update the Terms of Service to reflect changes in the Service and customer feedback. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set out in these Terms of Service will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website and/or the Apps. Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to review this page from time to time so you are aware of any changes, as they are binding on you.

DESCRIPTION OF SERVICE

Livestock Network provides North American (USA and Canada) users with an online freight matching, listing, and networking service focused on the livestock industry, including cattle, hogs, sheep, goats, poultry, and other livestock freight. The Service allows users to post and search for available loads, trucks, pens, feedlot space, and related industry listings, and to use any other services integrated within the Website and the Apps, in addition to any related services, modules, functions, software, or platforms (all of the foregoing, including the Website and the Apps, the “Service”). You understand and agree that the Service may include certain communications from Livestock Network, such as service announcements and administrative messages, and that these communications are considered part of the Service and cannot be opted out of. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Livestock Network properties, shall be subject to these Terms of Service. You understand and agree that the Service is provided “AS-IS” and that Livestock Network assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third-party fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

OWNERSHIP OF DATA AND PLATFORM CONTENT

All data, information, listings, content, and materials made available on or through the Service — including but not limited to load postings, truck postings, carrier and shipper directories, rate information, route information, origin and destination details, commodity details, contact information, pricing data, availability data, reviews, comments, communications, compiled directories, analytics, aggregated datasets, and derived data (collectively, the “Platform Data”) — are and shall remain the exclusive property of Livestock Network. Platform Data is a valuable proprietary asset of Livestock Network, developed over years of investment, and is protected under U.S. and international intellectual property laws, including the copyright laws applicable to compilations, database rights, trade secret laws, trademark laws, and the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and analogous state statutes.

To the extent any user (“Subscriber” or “you”) submits, posts, or otherwise provides any content or data to the Service (“User Content”), you hereby grant to Livestock Network a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, display, perform, distribute, aggregate, and create derivative works from such User Content as part of the Platform Data and for any purpose related to the operation, promotion, improvement, or monetization of the Service. You represent and warrant that you have all rights necessary to grant this license.

Nothing in these Terms of Service shall be construed as granting you any ownership rights in, or any license to, the Platform Data other than a limited, revocable, non-exclusive, non-transferable right to access and view the Platform Data solely for your internal, non-competing business purposes as contemplated by the Service. All rights not expressly granted are reserved by Livestock Network.

PROHIBITED USES; NO SCRAPING OR AUTOMATED ACCESS

Without limiting the generality of any other provision, you agree that you will not, and will not permit, encourage, or assist any third party to, do any of the following:

  1. Access, copy, reproduce, duplicate, download, store, frame, mirror, republish, scrape, harvest, index, crawl, or otherwise collect or extract any Platform Data, in whole or in part, whether manually or by any automated, electronic, programmatic, or mechanical means (including but not limited to the use of bots, spiders, crawlers, scripts, headless browsers, data-mining tools, screen scrapers, browser automation tools, or AI agents);
  2. Use or access the Service through any means other than the ordinary Website or Apps interfaces provided by Livestock Network to human end users, or through APIs expressly authorized in writing by Livestock Network under a separate written agreement;
  3. Circumvent, bypass, disable, or attempt to circumvent, bypass, or disable any rate limits, access controls, authentication, session management, CAPTCHAs, robots.txt directives, IP blocks, or other technical measures Livestock Network uses to protect the Service or the Platform Data;
  4. Use any Platform Data to build, train, enrich, supplement, validate, or seed any database, dataset, directory, model, service, or product of any kind other than your own internal operational use consistent with these Terms of Service;
  5. Sell, license, sublicense, rent, lease, trade, share, transfer, disclose, publish, or otherwise commercially exploit any Platform Data, in whole or in part, whether in original or modified form;
  6. Use any Platform Data to train, fine-tune, prompt, ground, retrieve-augment, or otherwise develop or improve any machine-learning model, large language model, recommendation system, or other artificial intelligence system;
  7. Create or operate any service, website, application, or product that is substantially derived from, aggregates, redistributes, or displays Platform Data;
  8. Use meta tags, hidden text, framing, deep linking, or any similar technique to incorporate any Livestock Network name, trademark, or Platform Data into any other website or service; or
  9. Take any action that imposes or may impose (as determined by Livestock Network in its sole discretion) an unreasonable or disproportionately large load on Livestock Network’s infrastructure.

Any access to or use of the Platform Data in violation of these Terms of Service is unauthorized and exceeds the scope of any license granted herein. Livestock Network expressly reserves all rights and remedies available under applicable law, including but not limited to claims for breach of contract, copyright infringement, violation of the Computer Fraud and Abuse Act, violation of state computer crime statutes, trespass to chattels, misappropriation, tortious interference, and unjust enrichment. Livestock Network expressly does not consent to, and revokes any purported authorization for, any scraping, crawling, or automated access by any party not operating under a current written API or data-access agreement with Livestock Network.

NO COMPETITOR ACCESS OR USE

The Service is licensed, not sold, and access is expressly conditioned on the user not being a Competitor of Livestock Network. For purposes of these Terms of Service, a “Competitor” means any person or entity (including any parent, subsidiary, affiliate, principal, owner, officer, director, employee, contractor, agent, or representative of such person or entity) that directly or indirectly operates, develops, markets, invests in, advises, consults with, or is otherwise materially associated with any business that offers or is preparing to offer services that compete, in whole or in part, with any of the services provided by Livestock Network, including without limitation online or mobile livestock load boards, livestock freight matching services, livestock carrier or shipper directories, livestock hauling marketplaces, or any transportation management, dispatch, or freight-listing service targeted at the livestock industry.

By accessing or using the Service, you represent, warrant, and covenant that:

  1. You are not a Competitor and are not accessing the Service on behalf of, for the benefit of, or at the direction or request of any Competitor;
  2. You will not access or use the Service, or any portion of the Platform Data, for the purpose of (a) monitoring its availability, performance, functionality, pricing, or features; (b) benchmarking or competitive analysis; (c) building, enhancing, or training a competing product or service; (d) copying or imitating the ideas, features, functions, or user interface of the Service; or (e) any other competitive purpose;
  3. You will not share, disclose, or otherwise provide any Platform Data or any non-public information about the Service to any Competitor; and
  4. If you become a Competitor at any time during or after your access to the Service, you will immediately cease all access and use of the Service and notify Livestock Network in writing.

Livestock Network reserves the sole and absolute right to determine whether any person or entity is a Competitor. Any access to the Service by a Competitor is unauthorized, is a material breach of these Terms of Service, constitutes access “without authorization” and/or “exceeding authorized access” under the Computer Fraud and Abuse Act and analogous state laws, and subjects the Competitor and any person or entity assisting the Competitor to immediate account termination and to all available legal and equitable remedies, including injunctive relief, actual and statutory damages, disgorgement of profits, and recovery of Livestock Network’s attorneys’ fees and costs.

ENFORCEMENT AND LIQUIDATED DAMAGES

You acknowledge that any breach of the “Ownership of Data and Platform Content,” “Prohibited Uses; No Scraping or Automated Access,” or “No Competitor Access or Use” sections of these Terms of Service will cause Livestock Network immediate and irreparable harm for which monetary damages alone may be inadequate, and you agree that Livestock Network shall be entitled to seek injunctive and other equitable relief, without the requirement of posting a bond, in addition to any other remedies available at law or in equity. You further agree that the parties’ actual damages from such a breach would be difficult to calculate, and that a reasonable estimate of such damages includes, at Livestock Network’s election, the greater of (a) the actual damages sustained by Livestock Network, (b) Livestock Network’s standard API or data-licensing fees applied retroactively to all unauthorized access, or (c) any profits, revenues, or other benefits realized by the breaching party or any third party as a result of such breach. Nothing in this section shall limit Livestock Network’s right to seek any other remedy available under applicable law.

SMS/TEXT MESSAGING TERMS

Program Description: Livestock Network may send you SMS/MMS text messages related to your account and use of our services, including load notifications, dispatch communications, delivery and pickup updates, account alerts, and service announcements.

Opt-In: You may opt in to receive SMS messages from Livestock Network by checking the SMS consent checkbox during account registration or by enabling SMS messaging within your account settings. Opting in to SMS is not a condition of purchasing any goods or services from Livestock Network.

Message Frequency: Message frequency varies based on your account activity and notification preferences.

Message and Data Rates: Message and data rates may apply. Please contact your wireless carrier for details about your messaging plan.

Opt-Out: You may opt out of receiving SMS messages at any time by replying STOP to any message you receive from us. After opting out, you will receive a one-time confirmation message. You will no longer receive SMS messages from Livestock Network unless you re-opt in.

Help: For help or questions about our SMS program, reply HELP to any message or contact us at [email protected].

Privacy: Your mobile phone number and opt-in data will not be shared with or sold to third parties or affiliates for marketing or promotional purposes. See our Privacy Policy for additional information on how we handle your data.

MODIFICATIONS TO SERVICE

Livestock Network reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof) with or without notice. We may also impose limits or restrictions on certain services, features, or content, or restrict your access to parts or all of our Website, the Apps, or the Service without notice. Livestock Network shall not be liable to you or any third party should Livestock Network exercise its right to modify the Service.

INTERRUPTIONS, SUSPENSIONS, DISCONTINUANCE OF SERVICE

Livestock Network strives for continuous service uptime. However, Livestock Network reserves the right to suspend or discontinue the Service with or without notice. All users of the Service acknowledge and accept that Livestock Network does not guarantee continued, uninterrupted, or secured access to the Service, and that Livestock Network shall not be liable to you or to any third party for any interruption, suspension, or discontinuance of the Service.

USE OF WEBSITE OR APPS WHILE OPERATING A MOTOR VEHICLE

Using our Website or Apps for iOS, Android, or other devices while driving a truck or other motor vehicle can cause serious injury, death, or property damage to you or others. DO NOT USE OUR APPS UNLESS YOUR VEHICLE IS STATIONARY AND PARKED. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OF THE WEBSITE AND APPS AT ALL TIMES.

SUBSCRIBER REQUIREMENTS

Each person who creates a Livestock Network account, whether through the Website or the Apps (a “Subscriber”), makes the following representations and warranties:

  1. Subscriber is no less than eighteen (18) years old;
  2. Subscriber is or represents a bona fide owner-operator, carrier, shipper, livestock producer, feedlot, order buyer, broker, 3PL, freight forwarder, or livestock industry consultant;
  3. Subscriber’s access to Livestock Network is for commercial purposes only and is limited to finding loads, trucks, and/or related livestock industry services through the Service;
  4. Subscriber’s commercial purpose in accessing and using Livestock Network is not to directly or indirectly compete with, gain competitive advantage over, copy, or imitate Livestock Network, and Subscriber is not a Competitor as defined in these Terms of Service;
  5. Subscriber will not allow non-registered users to use Subscriber’s password and/or username to access Subscriber’s account without the express written consent of Livestock Network, and Subscriber will not share login credentials with any third party;
  6. Subscriber will not create or maintain multiple accounts, use false identities, or misrepresent its identity, business, or affiliation in connection with the Service; and
  7. When submitting content to the Service, Subscriber represents and warrants that the information is accurate, that Subscriber is authorized to submit the information, and that the information content, format, and delivery method are appropriate.

Should a user violate any provisions for Subscriber qualification, Livestock Network may terminate the Subscriber’s account without notice or warning, in addition to being subject to any and all other legal remedies that may be available to Livestock Network under these Terms of Service, including but not limited to civil and/or criminal actions under state, provincial, and/or federal law. Should Livestock Network be forced to institute legal action against Subscriber to enforce these Terms of Service or for any other violations of state and/or federal law not specifically enunciated herein, Subscriber expressly agrees to bear any and all costs associated with such action, including but not limited to attorneys’ fees incurred by Livestock Network.

MILEAGE

As an added benefit for users of the Service, Livestock Network may display the mileage of posted loads. This display of mileage is meant only to give users an estimate as to the distance between the starting and destination points of the load. Livestock Network makes no claim, representation, or warranty as to the accuracy of such mileage, and in no way is the broker/shipper/carrier/trucker bound to such displayed mileage. The broker/shipper/carrier/trucker makes the final determination as to the mileage he or she will pay for.

COMPLAINT HANDLING PROCEDURES

If a problem is attributed to the Service, our objective is to resolve the problem promptly, equitably, and amicably. All complaints must be sent by email to [email protected]. Please include your name, subscription information, and a complete description of your complaint. We strive to respond to all inquiries within 24 hours.

TERMINATION

You agree that Livestock Network may, under certain circumstances and without prior notice, in its sole and absolute discretion, immediately terminate your Livestock Network account and access to the Service. Cause for such termination shall include, but not be limited to:

  1. Breaches or violations of the Terms of Service or other incorporated agreements or guidelines;
  2. Evidence or reasonable suspicion of scraping, automated access, or Competitor use;
  3. Requests by law enforcement or other government agencies;
  4. A request by you (self-initiated account deletions);
  5. Discontinuance or material modification to the Service (or any part thereof);
  6. Unexpected technical or security issues or problems; and
  7. Extended periods of inactivity.

Termination of your Livestock Network account includes removal of access to all offerings within the Service, deletion of your password and all related information, and barring further use of the Service. You agree that all account terminations shall be made in Livestock Network’s sole and absolute discretion, and that Livestock Network shall not be liable to you or any third party for any termination of your account or access to the Service, including for claimed damages of any nature whatsoever resulting from such termination.

SURVIVAL OF OBLIGATIONS

Your obligations under these Terms of Service survive the termination, cancellation, suspension, or expiration of your account for any reason, whether initiated by you or by Livestock Network. Without limiting the generality of the foregoing, the following provisions survive indefinitely: Ownership of Data and Platform Content; Prohibited Uses; No Scraping or Automated Access; No Competitor Access or Use; Enforcement and Liquidated Damages; Registered User Acceptance; Heightened Obligations; Proprietary Rights; Disclaimer of Warranties; Limitation on Liability; Indemnification; Governing Law and Jurisdiction; Equitable Relief Carve-Out; Waiver of Jury Trial; Waiver of Class Action; Binding Arbitration; and Limitation on Time to File Claims.

You further agree that, upon termination of your account for any reason, you will immediately cease all access to and use of the Service and the Platform Data, and you will permanently delete or destroy any Platform Data in your possession, custody, or control that was obtained through the Service, including any copies, extracts, or derivatives thereof stored in any medium (including personal devices, backups, spreadsheets, CRMs, databases, or third-party systems). Upon written request from Livestock Network, you will certify in writing that you have complied with this obligation. The existence of any Platform Data in your possession after termination, or the use or disclosure of any such data by you or by any person acting on your behalf, constitutes a continuing breach of these Terms of Service.

CONTENT SUBMISSION

If you are submitting content to our Website or through the Apps, you represent and warrant that the information is consistent with the Terms of Service, accurate, that you are authorized to submit the information, and that the information content, format, and delivery method is appropriate. By submitting content to our Website or through the Apps, you agree that Livestock Network, its affiliates, and assigns are licensed to use, reproduce, display, perform, adapt, modify, distribute, and promote the information in a manner we deem reasonable in our sole and absolute discretion. We have the right to (a) remove or refuse to post any user content for any or no reason in our sole discretion; (b) take any action with respect to any user content submission that we deem necessary or appropriate in our sole discretion; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights; (d) take appropriate legal action for any illegal or unauthorized use of the Service; and (e) terminate or suspend your access to all or part of the Service for any or no reason. YOU WAIVE AND HOLD HARMLESS LIVESTOCK NETWORK, ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Website or the Apps, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website or the Apps is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or the Apps, or by anyone who may be informed of any of its contents. The Website and the Apps include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials are solely the opinions and responsibility of the person providing those materials and do not necessarily reflect the opinion of Livestock Network. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

LINKS FROM THE WEBSITE OR THE APPS

If the Website or the Apps contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We accept no responsibility for the content of other sites and resources provided by third parties, or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website or the Apps, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

TECHNOLOGY

You acknowledge that Livestock Network is an Internet-based business and that our Service is available through the Internet. To maintain an account with us, you will need to be able to access our Website or the Apps through the Internet, which requires appropriate technology, including computer equipment or a mobile device, Internet access, a web browser, and an email account. You acknowledge and understand that you may incur certain operational costs in connection with your use of the Internet, for which you are solely responsible.

PROPRIETARY RIGHTS

The content and software used on the Website and in the Apps, including layout and design, are the exclusive property of Livestock Network and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Users may not copy or retrieve data or other content from the Website or the Apps, either manually or through the use of automatic devices, for any purpose not provided in these Terms of Service without the express written permission of Livestock Network. Users may not use meta tags or other hidden text utilizing the Livestock Network name, trademarks, or other intellectual property, nor may a user use framing techniques to enclose any portion of the Website or the Apps, without the express written permission of Livestock Network. Unless expressly authorized in writing by Livestock Network, no user may reproduce, modify, distribute, transmit, republish, display, rent, sell, license, edit, or create derivative works from any of the content or other material available through the Service.

You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Livestock Network, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the software used in connection with the Service, in whole or in part.

DISCLAIMER OF WARRANTIES

Livestock Network maintains an online freight matching and industry networking service for use by livestock industry participants to communicate and do business with each other. Livestock Network does not handle funds, control the users of the Service in any way, or arrange for the movement of livestock or freight. All such arrangements are made by the users, and any terms and conditions of such freight movement are solely between the carrier and the shipper.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet, including the Website and the Apps, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICES, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE.

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LIVESTOCK NETWORK NOR ANY PERSON ASSOCIATED WITH LIVESTOCK NETWORK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.

TO THE FULLEST EXTENT PROVIDED BY LAW, LIVESTOCK NETWORK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LIVESTOCK NETWORK BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF LIVESTOCK NETWORK, ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO LIVESTOCK NETWORK FOR THE SERVICE FOR THE MONTH DURING WHICH THE LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

All users of the Website and the Apps agree to indemnify, defend, and hold Livestock Network, and its subsidiaries, affiliates, members, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service (including any violation of the Ownership of Data, No Scraping, or No Competitor Access provisions), content you submit, post, transmit, or make available through the Service, or your violation of applicable law or any civil claim, action, or litigation of any kind. Livestock Network functions solely as an intermediary for the livestock trucking business. You covenant and agree that you will not seek to join Livestock Network in any dispute with another user, whether or not that dispute results in any claim, action, or litigation.

NO THIRD PARTY BENEFICIARIES

You agree that, unless otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service or the Service.

GENERAL INFORMATION

The Terms of Service constitute the entire agreement between you and Livestock Network and govern your use of the Service, superseding any prior agreements (oral, written, or electronic) between you and Livestock Network. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Livestock Network services, affiliate services, third-party content, or third-party software. You acknowledge that by registering with us, submitting information to us for posting or any other purposes, or by using the Service, including the Website and the Apps, no fiduciary, confidential, contractually implied, partnership, joint venture, employer-employee, agency, or other relationship is created between you and Livestock Network, other than the express contractual relationship set forth in these Terms of Service.

GOVERNING LAW AND JURISDICTION

All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction). Without limiting the applicability of the binding arbitration provision of these Terms of Service, in the event that any legal suit, action, or proceeding arising out of, or related to, the Service or these Terms of Service is instituted, the same shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri, in each case located in the City of Springfield and County of Greene. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

EQUITABLE RELIEF CARVE-OUT

Notwithstanding any other provision of these Terms of Service, including the Binding Arbitration provision, Livestock Network may seek and obtain injunctive, declaratory, or other equitable relief in any court of competent jurisdiction to prevent, restrain, or remedy any actual or threatened breach of the Ownership of Data, No Scraping or Automated Access, No Competitor Access or Use, Proprietary Rights, or confidentiality provisions of these Terms of Service. You agree that any such breach would cause irreparable harm to Livestock Network for which damages alone would be an inadequate remedy.

WAIVER OF JURY TRIAL

WITHOUT LIMITING THE APPLICABILITY OF THE BINDING ARBITRATION PROVISION OF THESE TERMS OF SERVICE, IN THE EVENT THAT ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF, OR RELATED TO, THE SERVICE OR THESE TERMS OF SERVICE IS INSTITUTED, YOU AND LIVESTOCK NETWORK IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS OF SERVICE.

WAIVER OF CLASS ACTION

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH THE SERVICE SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NO USER OF THE SERVICE SHALL SEEK TO HAVE ANY DISPUTE HEARD IN A CLASS, COLLECTIVE, OR JOINT ACTION, OR IN ANY OTHER PROCEEDING IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

BINDING ARBITRATION

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS OF SERVICE SHALL BE SETTLED BY ARBITRATION PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING THE LAW OF THE STATE OF MISSOURI WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE BINDING, CONCLUSIVE, AND NON-APPEALABLE AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. This arbitration provision does not apply to claims for equitable relief brought pursuant to the Equitable Relief Carve-Out provision above.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by Livestock Network of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Livestock Network to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

ASSIGNMENT

We reserve the right to assign our rights and obligations under these Terms of Service to one or more of our affiliates or to any successor entity by way of merger, consolidation, or otherwise. You are not entitled to assign your account registration or any of your rights or responsibilities under these Terms of Service without our express written consent. These Terms of Service will inure to the benefit of, be binding upon, and be enforceable by our successors and assigns.

NOTICES

Livestock Network may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Service, in Livestock Network’s sole discretion.

HEADINGS FOR CONVENIENCE ONLY

The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.

VIOLATIONS

Please report any violations of the Terms of Service to us by email at [email protected].

CONTACT

Questions, complaints, or reports of violations may be sent to [email protected].