TERMS OF USE

Welcome to the websites of RTS Financial Service, Inc. and RTS Carrier Services, Inc. (“RTS,” “we,” or “us”).  By using any of our websites (“Sites”), currently www.rtsinc.com and www.pro-transport.com, you consent to these Terms of Use.  If you do not agree with the Terms of Use, you may not use our Sites.   

Whether you access the Sites by computer, mobile device or other means, your use of the Sites is subject to your compliance with these Terms, as well as any other written agreement between us and you. You also agree to comply with any additional rules, conditions, guidelines or terms or conditions of use specific to the products or services provided by us or made available through the Sites.

We may, in our sole discretion and in addition to any other remedies available to us, with or without cause or notice, withdraw, suspend or discontinue at any time your use of the Sites or any of their functions, features, materials or Content.

We may update these Terms from time to time. Please check the Terms each time you access or use this site.  If we make material changes to the Terms, we will post the revised Terms and the revised effective date at the bottom of these Terms. Your continued use of any of the Service after the date of any such changes become effective constitutes your acceptance of the new Terms.

Your personal information will be used and protected in accordance with our Privacy Policy.

 

Mobile App

In addition to its Sites, RTS provides mobile device applications (“Apps”) including “RTS Pro” and “Load Management.” Your use of these Apps is subject to these Terms of Use and the RTS Mobile App End User License Agreement (EULA).

 

User Conduct

Your use of the Sites and Apps pursuant to these Terms and any other applicable terms identified herein is limited to receiving information about our company and the financial solutions, support services, and carrier services we provide. You may access, download, and print materials only as necessary to receive the services and information and, in doing so, you must retain any and all notices, trademarks, and other markings found on those materials.

In using the Sites or Apps, you agree that you will comply with these Terms of Use and that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others, or negatively impacts others’ ability to use the Sites or Apps; (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Sites or Apps; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Sites or Apps for any other authorized user; or (g) violate any applicable local, state, national or international law.

You also agree that you will not (h) attempt to gain unauthorized access to any portion or feature of the Sites, Apps, or our systems, networks or servers by hacking, password “mining” or any other illegitimate means.  You agree not to (i) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Sites, Apps, systems, networks or servers to obtain or attempt to obtain any Content, materials, documents, or information through any means not purposely made available through the Sites or Apps. You also agree not to sell, license, or distribute any such Content, materials, documents, or information.  We reserve the right to bar any such activity or use in our discretion.

 

Information You Provide

You agree that all information, including documents or images, you provide to us, post, upload, or submit will be true, accurate, current, and complete.  You further represent and warrant that you have the legal right to provide such information, and it does not violate any third party’s intellectual property or privacy rights and is otherwise in compliance with the User Conduct above.  By uploading, sending, posting or otherwise providing any information or material, you grant RTS an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute it.  You agree that RTS is free to use any ideas, concepts, know-how or techniques that you provide us for any purpose, including creating derivative works.

 

Third Party Sites and Information

Our Sites may have links to other websites or make reference to information, documents, software, materials and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication.  You agree that RTS is not responsible or liable for any content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource.

If you link to any our Sites, you agree, pursuant to these Terms of Use, to remove and/or disable such link should we so demand.  

 

Indemnification

You agree to defend, indemnify, and hold RTS and its affiliates, partners, agents and subsidiaries, harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Sites or the Content, or by your conduct that would constitute a breach of any of these Terms of Use by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

Intellectual Property

The entire content of the Sites, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is owned, controlled, or licensed by or to RTS.  

The Sites and their Content, except for that in the public domain, is protected from unauthorized copying and dissemination by United States laws for copyright, trademark, trade dress, unfair competition, as well as international conventions and other intellectual property laws.

All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of RTS or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. 

RTS will grant you permission to use portions of these Sites, provided that you do not change or delete any proprietary notices from downloaded or printed materials; copy or post such information on any networked computer; broadcast it in any media; or make any representations or warranties relating to such documents or Content. 

Other than this limited permission, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to any other computer, server, website, medium or commercial enterprise, any part of the Sites or any Content without our express prior written consent.

Nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Sites or the Content except permitted or consented by these Terms.

 

Digital Millennium Copyright Act Notice 

RTS respects the intellectual property rights of others and users to the Sites to do the same.  We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.

If you believe our Sites infringe your copyright, please provide the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed
  • A description of the copyrighted work that you believe has been infringed
  • The location on the Sites of this allegedly infringing material
  • Your address, telephone number and email address and any other pertinent information sufficient to allow RTS to contact you
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf

Notices of claimed copyright infringement should be directed to:

Shamrock Trading Corporation

By mail: RTS Financial Service, Inc., Legal Dept., 9300 Metcalf Avenue, Overland Park, KS 66212

By email: legalnotices@rtsfinancial.com and brunyon@shamrocktradingcorp.com

(Please include “notice of infringement” in the subject line.)

By phone: (913) 335-9037

 

No Warranties

THESE SITES AND THEIR CONTENT ARE FOR GENERAL INFORMATION ONLY AND PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.

WE DO NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITES WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITES OR THEIR CONTENTS.

WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITES OR THEIR CONTENTS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE). 

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITES OR THEIR CONTENT. 

The information on the Sites does not constitute the rendering of legal, accounting, tax or other such professional advice.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL RTS, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, OR INFORMATION CONTAINED WITHIN THE SITES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THESE SITES IS TO STOP USING THE SITES.  NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE SITES, IF ANY, OR $500 (USD), WHICHEVER IS LESS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim by you is subject to the Limitation of Liability set forth above.  Claims related to the terms, conditions and warranties of actual purchased goods and services are not subject to this limitation.

 

Governing Law and Jurisdiction

Our Sites are intended to be used by and directed to residents of the United States. All advertising claims or other information contained on our Sites are valid and applicable only in the United States.

These Terms of Use and the resolution of any dispute related to these Terms of Use, the Sites, or their Content, will be governed by and construed according to the laws of Kansas without regard to its conflicts of laws principles.  Any action to enforce these Terms of Use or a matter or dispute arising out of the Sites or the Content will be held in and subject to the exclusive jurisdiction and venue of the federal and state courts located in Johnson or Wyandotte County, Kansas. 

Failure by RTS to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right held by RTS.

If any of these Terms of Use are deemed invalid, void, or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.

 

Arbitration

At RTS's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Sites or Apps, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Kansas law. Your use of our Websites or Apps, therefore, constitutes a knowing waiver of any right to have any claim, defense, or other dispute related thereto adjudicated by a court and or a jury. 

 

RTS Financial™, RTS Carrier Services™, RTS Pro™, and other logos, product, and service names are trademarks and service marks owned by or licensed to RTS or its affiliates (the “Marks”). You agree not to display or use the Marks in any manner without the prior written permission of RTS, or its appropriate affiliates.

All other trademarks are the property of their respective owners.

Last modified:  August 1, 2022