TERMS OF SERVICES

ASSOCIATION OF MODERN TRUCKING COMPANIES

Association of Modern Trucking Companies (“Association”) is a platform offering transport companies various types of industry services to facilitate and optimize their operation. The asomtc.com website ("Site") is operated by Association of Modern Trucking Companies, 2370 Wexford Lane, Lake in the Hills IL, 60156.

These Terms of Service (“Terms”) govern the use of services provided by Association of Modern Trucking Companies, including without limitation the Site, mobile or web applications, or other services / products that link to or reference these Terms (“Services”).

To the extent of any conflict or inconsistency between the Terms and any other document, the Terms shall control for the purposes of usage of the Site.

In order to become a member of Association (“Member”) you must read and accept all the terms and conditions outlined below together with privacy policies and other relevant documents linked to Terms.

The Terms are a binding legal agreement between Member and Founder.

Please remember that all linked information contained in this document are incorporated and hereby made a part of Terms.

If you do not agree to be bound by Terms and privacy policies, you may not use Site or membership (“Membership”) in any way. Founder reserves the right at any time, at its sole discretion, to change or otherwise modify Terms without prior notice, and continued access or use of this Site signifies your acceptance of the updated or modified Terms.

1. Association of Modern Trucking Companies

What is the Association of Modern Trucking Companies?

Association is a platform offering transport companies various types of industry services to facilitate and optimize their operation in the USA. Our organization is focused on enabling carriers to function well and develop their companies.

Association provides access to services and benefits listed on Site in the tabs “Advantages”, “Partnership” and “Shopping groups” ("Services") and other ad hoc events organized by Association. Association is constantly expanding scope of offered Services to achieve its goals which are consolidating business communities and facilitate cooperation between members of Association.

Member declares that “Reliable carrier” program is a separate Founder’s initiative and participation in this program may require meeting additional requirements and paying additional fees.

2. Membership

Becoming a Member of Association.

In order to become a Member, there are certain criteria that must be met:

• being of legal age or / and having full legal capacity to form a binding contract

• not being suspended or removed from Members list

• operating a business in the USA or/and being a shareholder of a corporation, or/and being a member of a company corporation, or/and being a partner in a partnership or being involved in managing commercial entities in other way.

1. Once Member’s process of registration on the Site is completed and Membership fees set forth in the further part of Terms are paid, Member will be sent a copy of Terms in PDF version, on email address provided during the registration process. The Terms that the Member receives should be signed, scanned and sent back to the following e-mail address: office@asomtc.com .

2. If the Member uses assistant (“Assistant”) to obtain access to services provided by Founder under the Terms, Member will sign the Terms provided by the Assistant and scan signed copy of it to following email address: office@asomtc.com. Once received, the Founder provides the Member with a link enabling Member fees payments.

Upon receipt of the signed Terms (and making all necessary payments) Membership of Association (“Membership”) will be activated and Member will be able to use Services.

Additional restrictions:

Members are prohibited from selling, trading, or otherwise transferring their Membership to another party. Founder may assign its rights under Terms without condition.

Additional Member’s representations:

Member represents to be of full legal capacity to form a binding contract and is not barred from receiving services under the laws of the United States or other applicable jurisdiction and will only use Membership for legitimate purposes.

Member also agrees to provide true, accurate, current and complete information about himself/herself and / or a company/partnership they represent in the process of obtaining Membership. If a Member provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Founder has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Founder has the right to suspend or terminate Membership and refuse any and all current or future use of Services (or any portion thereof).

Founder reserves the right to refuse Membership or Services, terminate Membership, or remove or edit content of Site in its sole discretion. Notwithstanding the above, Founder retains the right at its sole discretion to deny access to anyone to Services that is offered at any time and for any reason, including, but not limited to, for violation of Terms.

3. Membership Fee.

Membership fee is an annual fee that every Member is obliged to pay for Membership.

The initial term of a Membership shall commence on the date it is purchased and continue until one year from the date in which Membership was purchased. It is understood that Membership has been paid on the day of crediting Founder’s bank account.

Each Member is obliged to pay Membership fee via Site or through direct transfer on Founder’s account.

The annual Membership fee is 1,399.00 USD.

Annual Membership fee is subject to taxation in accordance with applicable federal or state law. The annual Membership fee includes all applicable taxes. Founder may change Membership fee at any time, but changes will apply only to new and renewal Memberships. Membership fee is not refundable.

The initial term of a Membership shall commence on the date it is purchased and continue until one year from the date in which Membership was purchased. Each Membership will automatically renew each year for additional one-year periods unless:

1. Member notifies Founder in writing, of the decision to cancel his / hers Membership within 30 days of the renewal date;

2. Founder terminates Member’s Membership.

Renewal Membership fees will be billed annually and automatically to the credit card Founder has on file, in the amount of the then current Membership fee on or around the day in which Membership or renewal Membership term expires.

4. Cancellation; Termination.

1. Each Member has the right to cancel his / hers Membership at any time. Because of the nature of the Services, no refunds will be available.

2. Founder reserves the right to cancel or suspend Membership, without notice, for any reason in its sole discretion, including without limitation Founder’s belief that continued use of such Membership would violate any provisions of this Terms, applicable law, or otherwise be harmful to Founder’s interests. If Founder cancels Member’s Membership, Founder may, at its sole discretion, refund the balance of the annual membership fee on a time apportionment basis.

3. Founder may terminate any or all of the benefits available to Members at any time with or without notice. No refunds will be available.

5. Services and Benefits

Each Member is entitled to use Services provided by Association. Services and the benefits are listed on Site. Any specific rules pertaining to Services are set out together with description of Services on Site and each Member is obliged to comply with terms and conditions that apply to respective Services.

Founder has the right to add, modify or eliminate any Services at any time at its sole discretion. Founder does not guarantee the availability of any of its benefits and they are all subject to change at any time without notice.

6. DISCLAIMERS

THE CONTENT, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. FOUNDER DOES NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CONTENT, PRODUCTS, AND SERVICES. THE FOUNDER EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE. FOUNDER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FOUNDER AND THEIR RESPECTIVE PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM FOUNDER, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOUNDER, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARDS TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE HOTELS AND OTHER PARTNERS PROVIDING SERVICES ON THIS SITE ARE NOT AGENTS OR EMPLOYEES OF FOUNDER OR ITS AFFILIATES. FOUNDER AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FOUNDER AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL FOUNDER, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, MEMBER’S ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, MEMBER’S RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF FOUNDERS CARD, ITS AFFILIATES AND/OR THEIR RESPECTIVE PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Limitation of Liability.

MEMBER UNDERSTANDS AND AGREES THAT FOUNDER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO MEMBER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOUNDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.

If, despite the limitation above, the Founder, its affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Founder, its affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees the Member paid to Founder in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Founder, its affiliates, and/or their respective suppliers.

8. Indemnity

Member agrees to indemnify and hold Founder (and its members, owners, officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’fees, or arising out of or related to Member’s breach of this Terms, Member’s violation of any law or the rights of a third party, or Member’s use of Site.

9. Electronic Communication.

Member consents to receive communications from Founder electronically. Founder will communicate with each Member by email or by posting notices on Site. Member agrees that all agreements, notices, disclosures and other communications that are provided to each Member electronically satisfy any legal requirement that such communications be in writing.

10. External Links.

Site or third parties may provide links to other www sites or resources. Founder has no control over such sites and resources; therefore, each Member acknowledges and agrees that Founder is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Member further acknowledges and agrees that Founder shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

11. Modification and Notification of Changes.

Founder reserves the right to make changes Site and related policies, these Terms and the privacy policy at any time. If Founder makes a material modification to this Terms, each Member will be informed by:

• sending an email to the address associated with Member’s account. Founder is not responsible for Member’s failure to receive an email due to reasons beyond Founder’s control.

• displaying an announcement on Site for 30 days before the modifications come into force.

Should any Member wish to terminate his/her account due to a modification to Terms or any related documents he or she may do so by sending an email with the subject line "Termination" to the following email address: office@asomtc.com.

If Member chooses to continue using Site, doing so will be deemed to accept the new Terms or other modified documents.

12. Trademarks.

The trademarks, logos and service marks displayed on Site are the property of Founder and other parties. Members are prohibited from using any marks for any purpose except Association’s logo that may be used by Members without prior Founder’s permission. Usage of other trademarks, logos and service marks is allowed subject to prior written permission of Founder or such third party that may own the marks. Members are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through Site for commercial or public purposes.

13. Survival of Terms

Notwithstanding any other provisions of this Terms, or any general legal principles to the contrary, any provision of this Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Terms.

14. Miscellaneous

Severability

If any provision of these Terms 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 these Terms will continue in full force and effect.

Governing law

This Terms and the relationship between each Member and Founder will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. Member and Founder agree to submit to the personal jurisdiction of the federal and state courts located in the State of Illinois with respect to any legal proceedings that may arise in connection with this Terms. The failure of Founder to act with respect to a breach by each Member or others does not waive its right to act with respect to subsequent or similar breaches. Founder does not guarantee it will take action against all breaches of this Terms.

Except as otherwise expressly provided in this Terms, there shall be no third-party beneficiaries to this Terms. This Terms constitutes the entire agreement between Member and Founder and governs Member’s use of Site, superseding any prior agreements between Member and Founder with respect to Site.

Entire Agreement

These Terms constitute the sole and entire agreement between Member and Founder with respect to Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Services. No waiver of these Terms by Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Member to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these

Dispute resolution

Any dispute arising under these Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Chicago, Illinois, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.