Terms & Conditions
Last Updated: February 25, 2025
1. The agreement created by a visit
These Terms govern use of formulatrucking.com, including its articles, service descriptions, estimators, planners, forms, subscription choices, and other public features. By accessing or using the site, you agree to these Terms. If you do not agree, do not use the site. A separate written service agreement, work authorization, freight confirmation, or other commercial document may apply to an actual service and will control if it conflicts with these website Terms.
2. Adult access and authority
You must be at least 18 years old and legally capable of entering an agreement. If you use the site for an organization, you represent that you are authorized to act for it. You are responsible for the accuracy of information submitted and for keeping your own devices and communication accounts secure.
3. Website role and service boundaries
The website is an informational starting point. An estimator, route description, planner, response time, equipment description, service category, scheduling reference, or availability statement is not a binding quote, dispatch commitment, credit decision, repair authorization, insurance representation, or promise of capacity. Scope, price, timing, parts, freight acceptance, repair authorization, and other service terms become binding only in a separate written confirmation issued for the particular transaction.
4. Finance material belongs in an educational lane
All website content is educational and informational only. It is not financial, investment, tax, credit, or insurance advice. Nothing on the site is a recommendation to buy, sell, or hold a financial product, and nothing is a solicitation. ELS Fleet Services is not a registered investment adviser, broker-dealer, licensed insurance agent or broker, tax professional, or credit counselor. ELS Fleet Services does not sell, issue, or broker financial or insurance products.
Financial decisions involve risk, and no outcome is guaranteed. Past performance does not guarantee or predict future results. Forward-looking statements involve risk and uncertainty, so actual events may differ materially from an estimate, scenario, or expectation. Readers should consult an appropriately licensed professional who can evaluate their circumstances before acting on financial, investment, tax, credit, or insurance information.
5. A limited permission to use the site
Site text, photographs, graphics, branding, interfaces, source code, layout, and other materials are owned by or licensed to ELS Fleet Services and are protected by intellectual-property laws. We grant a personal, limited, revocable, nonexclusive, nontransferable license to view and use the public site for lawful purposes. You may not reproduce, sell, license, modify, republish, distribute, scrape at scale, create derivative works from, or commercially exploit site materials without prior written permission, except where law expressly allows it.
6. Conduct that is outside the permission
Do not use the site to violate law; impersonate another person; submit false ownership, contact, vehicle, freight, or repair information; infringe rights; transmit malware; probe or bypass security; overwhelm infrastructure; collect another person’s data without authority; interfere with forms or consent records; reverse engineer protected components; or use automated means in a manner that materially burdens the site. We may restrict access or preserve relevant evidence when reasonably necessary to protect people, systems, rights, or legal obligations.
7. Material you choose to submit
Contact messages and planner or form details remain yours. You grant us a nonexclusive license to host, copy, transmit, and use a submission only as reasonably necessary to respond, operate the requested feature, provide a selected communication, maintain records, secure the service, or comply with law. Do not submit confidential third-party information without authority. Feedback about the site may be used without compensation or attribution, provided it is not published with personal information in a way inconsistent with the Privacy Policy.
8. Links and services operated elsewhere
The site may link to an external website or rely on a provider for hosting, messaging, or form delivery. A link does not control the external service, and its content, security, availability, and privacy practices are governed by its own terms. Review those terms before providing information. We are not responsible for an external site merely because a link is available here.
9. Email choices and the Telephone Consumer Protection Act
Email newsletter permission and SMS marketing permission are separate. Informational email subscribers may use the unsubscribe method included in an email. Revocation may also be sent to [email protected] and will be honored within the time required by law.
Under the Telephone Consumer Protection Act (TCPA), selecting the SMS permission and submitting the form provides prior express written consent for ELS Fleet Services to send recurring marketing text messages at the number provided. Messages may use automated technology, including an automatic telephone dialing system (ATDS) where applicable. Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase or email subscription.
Reply STOP to revoke SMS consent and end recurring marketing texts; reply HELP for help. A STOP request may generate one confirmation. Revocation by any reasonable method communicated to us will be processed as required by law, but using STOP is the fastest program-specific method. You remain responsible for notifying us if the number is reassigned or no longer yours.
10. Delivery networks and mobile privacy
Wireless service depends on network and device availability. T-Mobile and other carriers are not liable for delayed or undelivered messages. ELS Fleet Services also cannot guarantee uninterrupted or error-free delivery.
The Privacy Policy and SMS Terms explain the mobile-data rule. Mobile information, opt-in data, and consent are not sold or shared with third parties or affiliates for their marketing or promotional purposes. Text messaging originator opt-in data and consent are not shared with third parties except aggregators and providers of the text-message service as necessary to deliver messages.
11. The site is provided without warranties
To the fullest extent permitted by law, the site and its content are provided “as is” and “as available.” We disclaim express and implied warranties, including warranties of accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, title, non-infringement, availability, security, and any warranty arising from course of dealing. We do not warrant that the site will be uninterrupted, error-free, free from harmful components, or suitable for a specific decision. Some jurisdictions do not allow certain exclusions, so an exclusion applies only to the lawful extent.
12. Limits on exposure
To the maximum extent permitted by law, ELS Fleet Services and its operator, personnel, contractors, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, revenue, data, opportunity, or goodwill; or losses caused by reliance on site information, a third-party link, communication delay, or inability to access the site. Where liability cannot be excluded, aggregate website-related liability will not exceed the greater of amounts paid specifically for use of the website during the six months before the event or one hundred U.S. dollars. This limitation does not exclude liability that law prohibits us from limiting.
13. Responsibility for claims caused by misuse
You agree to defend, indemnify, and hold harmless ELS Fleet Services, its operator, personnel, contractors, and licensors from third-party claims, damages, judgments, liabilities, and reasonable expenses arising from your unlawful site use, breach of these Terms, inaccurate or unauthorized submission, or infringement of another person’s rights. We may control the defense of a covered claim, and you agree to provide reasonable cooperation. This section does not require indemnity for conduct that applicable law does not allow us to shift.
14. Minnesota law and individual dispute path
Minnesota law governs these Terms without regard to conflict-of-law rules, except where federal law controls or a mandatory consumer law applies. Before filing a formal claim, the party raising it must send a written notice describing the issue and requested resolution. The parties will attempt in good faith to resolve it informally for 30 days.
If the issue remains unresolved, either party may bring an eligible individual matter in small-claims court. Any other claim will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable consumer rules, with a hearing in Minnesota or by remote means when the rules permit. Claims may not proceed as a class, collective, consolidated, or representative action to the extent enforceable. Either party may seek temporary injunctive relief in court to protect intellectual property or prevent imminent misuse. If arbitration is found unenforceable for a claim, state or federal courts located in Minnesota will have exclusive jurisdiction for that claim.
15. Changes, continuity, and complete terms
We may revise these Terms prospectively by posting an updated Last Updated date. Continued use after a revision takes effect constitutes acceptance of the revised Terms. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in effect. A failure to enforce a term is not a waiver. These Terms, together with incorporated policies and any applicable separate written agreement, state the website-use agreement.
16. Terms correspondence
Questions or dispute notices may be sent to [email protected] or:
ELS TRUCKING & REPAIR LLC
670 WARREN AVE, ZUMBROTA, MN 55992