Welcome to the Truckstop.com website (the “Site”).
The Site provides you with access to our products and related information. These Terms and Conditions apply to and govern the
Site, services offered on the Site and any additional services provided to you by
Truckstop.com or any of its affiliates, agents, or representatives.
CAREFULLY READ THESE TERMS AND CONDITIONS.
These Terms and Conditions constitute an agreement between you and us. YOU ACKNOWLEDGE
AND AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY, UNDERSTAND EACH OF
THEM AND AGREE TO BE BOUND BY ALL OF THEM. By accepting these Terms and Conditions once,
you agree that you will be bound by them each and every time you use our Site, our
services, materials and information provided by us to you, or otherwise interact with us.
If you do not agree to these Terms and Conditions, you may not access or otherwise use
our Site, services, or any materials or information provided to you by us.
The term “you” as used in these Terms and Conditions refers to the individual registered
with Truckstop.com or accessing and using the Site, and if you are accessing and using
the Site on behalf of a corporation, partnership, limited liability company, or other
business entity, then you also includes that entity and all individuals gaining access
through its account with Truckstop.com. Please note that these Terms and Conditions
contain waivers by you of certain rights you have against us, our affiliates, and our or
their directors and representatives.
The terms “us,” “our,” or “we” as used in these Terms and Conditions refer to Truckstop.com, a Delaware limited liability company, and each of their agents,
affiliates, directors and representatives.
The term “Site” as used in these Terms and Conditions refers to Truckstop.com.
1. CHANGES TO TERMS AND CONDITIONS
We reserve the right, in our sole discretion and with or without notice, to change,
modify, add or remove any portion of these Terms and Conditions, in whole or in part,
at any time. Notification of these Terms and Conditions will be posted on the Site.
Your continued use of the Site or any materials or information provided to you by us
after such changes are posted will constitute your agreement to such changed Terms
and Conditions. Please check the Terms and Conditions periodically for changes.
2. CHANGES TO SITE AND SERVICES
We may change, suspend or discontinue any aspect of our Site or services at any time.
We may also impose limits or restrictions on certain services, features or content
or restrict your access to parts or all of our Site without notice or liability.
3. ACCESS TO SERVICES
Before being permitted to access or use certain services, you will be asked to
register and submit certain information about yourself (“Registration Information”).
You represent and warrant that: (a) all Registration Information you have provided is
true, accurate, current and complete; and (b) you will maintain and promptly update
the Registration Information to keep it true, accurate, current and complete. In
connection with your registration, you also will be asked to create a password-
protected account to access the services (an “Account”). You agree to keep your
Account information and password confidential. You agree to notify us immediately of
any actual or suspected unauthorized use of your Account. Individual services may
require you to agree to additional terms specific to the use of such services.
4. APPROPRIATE USE
When you create an Account, you represent, warrant and covenant that (1) you are at
least 18 years of age; (2) you are or represent a bona fide carrier, or are a bona
fide shipper or intermediary; (3) your access of the Site and use of information and
materials provided to you by us is for commercial purposes and is limited to moving
freight by truck via our freight-matching service and/or using the other services
offered by us to you on our Site; (4) your commercial purpose in accessing and using
the Site or any information or materials provided to you by us is not to directly or
indirectly compete with or gain a competitive advantage in relation to us or any
of our affiliates; (5) you will not permit non-registered users to use the Site or
any materials or information provided to you by us without our express permission;
(6) you will not disclose your Account password or provide access to your Account
to non-registered users without our express permission; (7) if you have more than one
physical premise from which you conduct your business, you shall create a separate
Account for each such separate physical premise; (8) you will not use an automatic
browser refresh program when accessing the Site; and (9) you will not use the Site
and any postings made by you on the Site to advertise services for any third-party
entity or person.
You understand and agree that in order to use our services and register on this Site,
you must provide us with a verifiable physical address that is not a P.O. Box or
Commercial Mail Receiving Agency in order to be granted an Account. You further
understand and agree that we reserve the right to restrict, in part or in full,
access to the Site to you if you are: (i) an entity or are affiliated with an entity,
that provides a service competitive to our services; or (ii) a competing factoring
By violating any of these warranties and obligations, you risk having your Account
terminated by us without warning and, in addition to being subject to any other legal
remedies that may be available under these Terms and Conditions, or that may be available
under state and/or federal law, we may, in its sole discretion, elect to assess you a
penalty in the amount of $1.00 for each unauthorized access or use of the Site by you or
by a third party using your Account password or accessing your account without our
permission. To the extent we may have to sue you to enforce any of these Terms and
Conditions, or other violations committed by you while accessing or using the Site or
any materials or information provided by us to you, you expressly agree to bear the costs
of that enforcement, including without limitation, all related attorneys’ fees.
5. PROPRIETARY RIGHTS
The content and software used on the Site and the Site layout and design are our sole
and exclusive property. Content and other information and material on the Site or
otherwise provided to you by us is protected by copyrights, trademarks, service marks,
patents, trade secrets, and other proprietary rights and laws. You may use the information
and material on our Site or otherwise provided to you by us only for personal or commercial
use as described in these Terms and Conditions. Unless expressly authorized by us, you may
not reproduce, modify, distribute, transmit, republish, display, perform, rent, sell,
license, edit, or create derivative works from, any of the content or other material on the
Site or otherwise provided to you by us. You may not copy or retrieve data or other content
from the Site or otherwise provided to you by us - either manually or by use of automatic
devices - for the purpose of creating or compiling, directly or indirectly, a collection,
database, or directory without written permission from us. You may not use meta tags or
other hidden text utilizing our name or trademarks, nor may you use framing techniques
to enclose any portion of the Site, without our express, written permission.
6. SUBMISSION OF CONTENT TO THE SITE
By submitting content to this Site, you:
Grant us and our affiliates and licensees the right to use, reproduce, display,
perform, adapt, modify, distribute, and promote the content on the Site in any
form for any purpose;
Warrant and represent that the content is accurate, and that our posting and
use of your content will not infringe or violate the rights of any third party;
Warrant and represent that you are located within the borders of the United States, Canada, or Mexico;
Agree not to list your phone number or email address in the “Special Information” field of posts;
Warrant and represent that you will not upload, post or transmit to or distribute or
otherwise publish through our Site, any material which: (i) restricts or inhibits any
other user from using or enjoying our Site, (ii) is unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit
or indecent, (iii) constitutes or encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate law, (iv) violates,
plagiarizes or infringes the rights of third parties, including, without limitation,
copyright, trademark, patent, rights of privacy or publicity or any other proprietary right,
(v) constitutes defamatory or libelous statements, (vi) contains a computer virus or other
harmful component, (vii) constitutes or contains false or misleading indications of origin
or statements of fact, or (viii) is inappropriate for the purpose of our Site. We retain
the right to review any material submitted for posting on our Site and have the sole and
absolute right to determine whether that material complies with these Terms and Conditions.
these Terms and Conditions, you expressly consent to the use and disclosure of your personally
By registering with us, you agree to pay us all subscription, service and use fees, if
any, that we charge as disclosed on our Site or otherwise by us. According to the nature
of some of our services, fees may be required in advance of use. All fees must be paid
in U.S. dollars.
9. REFUND POLICY
For our subscription based services, payment is made for access over a certain period of
time, regardless of actual usage. A request for refund on an account with no usage during
that billing cycle may be granted at our discretion. We do not pro-rate for partial usage
during a billing cycle.
We reserve the right to assign our rights and obligations under these Terms and Conditions
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 and Conditions without our express written consent. These
Terms and Conditions will inure to the benefit of, be binding upon, and be enforceable by our
successors and assigns.
11. THIRD-PARTY SITES
The Site contains links to other websites on the Internet. These other websites are not under
our control, and we are not responsible for the accuracy of information on these websites,
other aspect of those websites.
12. CONSENT TO ELECTRONIC COMMUNICATIONS
You acknowledge that we are an Internet-based business and that our services are available
through the Internet. You agree to receive documentation and information provided by us
primarily through our Site and through e-mail provided to you via the Internet. Any information
or materials that we provide to you by telephone, U.S. mail, facsimile or other means does
not constitute a waiver of this agreement. To maintain an Account with us, you will need to
be able to access our Site on the Internet, which requires Internet access and a Web browser,
as well as an Internet e-mail account. No additional hardware or software requirements should
be necessary. In the event of a change in the hardware or software requirements necessary
to access our Site, notice will be displayed on our Site prior to the implementation of
such a change. You acknowledge that you have the appropriate computer equipment to use our
Site and to receive e-mail via the Internet and understand that you may incur certain
operational costs in connection with your use of the Internet, such as monthly fees for
a service provider, for which you are solely responsible. You solely and expressly agree
to undertake the obligation to notify us of changes in your electronic contact information.
13. NO CONFIDENTIAL OR CONTRACTUALLY IMPLIED RELATIONSHIP EXISTS WITH US
You acknowledge that by registering with us, submitting information to us for posting or any
other purposes, using information or materials provided by us to you, or using the Site and
our services, no confidential, fiduciary, contractually implied or other relationship is created
between you and us other than the express contractual relationship set forth in these Terms
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We facilitate the movement of freight by maintaining an online freight-matching service for use
by carriers and shippers, but we do not arrange for the movement of freight, nor do we set up,
handle, or control any payment for such services. All such arrangements are made by the users
of the Site, and any terms and conditions of such freight movement, including any pricing or
payment terms, are solely between the carrier and the shipper. No agency, partnership, joint
venture, employee-employer, or franchisee-franchisor relationship is intended or created by
your use of the Site or by these Terms and Conditions.
Your use of the Site and any information or materials provided by us to you is at your own
risk. While we make reasonable efforts to post and supply accurate and timely information,
we make no representations or warranties of the accuracy of content on the Site or content
otherwise provided to you by us through an alternatives means and assume no liability or
responsibility for inaccuracies, errors, or omissions in such content. Without limiting
the foregoing in any way, we make no representations or warranties whatsoever regarding the
quality, qualifications, safety, accident history, vehicle history, criminal or civil liability
history, creditworthiness, or experience of any of the carriers, shippers, or any other users
of the Site; and, in addition, by using the Site, you acknowledge and agree that we do not,
and have no duty to, conduct any investigations or evaluations with regard to any of the foregoing.
You fully and completely assume all risk of using the Site and any information or materials
provided by or made available on the Site by us or any other user of the Site.
Neither we nor any other party involved in the creation, distribution, or display of the Site
or any other materials or information provided to you by us is liable for any lost profits or
any direct, indirect, punitive, incidental, special, or consequential damages that result from
the use, or inability to use, the Site or any other materials provided to you by us, even in
the event of our negligence. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, ALL CONTENT AND SERVICES PROVIDED TO YOU ON THE SITE OR BY US THROUGH ANY
OTHER MEANS ARE DELIVERED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
We do not warrant that the Site or its server(s) are free of viruses or other harmful components
that may infect or damage your computer equipment or other property as a result of your accessing,
browsing, and/or using the Site, downloading information, or printing information from the Site.
15. USER'S INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, as well as our subsidiaries, affiliated
companies, employees, contractors, officers, and directors from all liabilities, claims, and expenses,
including attorneys’ fees, made by any third party that arise from your use or misuse of the Site or
any other materials or information provided by us to you (whether such material or information
originates from us or from a third party, including, without limitation, other users of the Site),
your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.
16. CLAIMS OF INFRINGEMENT
Just as we require users of the Site to respect our copyrights and other intellectual property rights,
we respect the copyrights and other intellectual property rights of users of the Site and other third
parties. If you believe in good faith that your copyrighted work has been reproduced on the Site
without authorization in a way that constitutes copyright infringement, you may notify our designated
copyright agent by mail to:
Attn: Copyright Infringement Agent
222 N. Plymouth Avenue
New Plymouth, ID 83655
Please provide the following information to our Copyright Infringement Agent:
(1) the identity of the infringed
work, and of the allegedly infringing work;
(2) Your name, address, daytime phone
number, and e mail address, if available;
(3) a statement that you have a
good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
(4) a statement of the accuracy of
the notice and, under penalty of perjury, that you are authorized to act on behalf of the owner; and
(5) Your electronic or physical signature.
17. GOVERNING LAW
These Terms and Conditions shall be governed by and construed under the laws of the
State of Idaho without regard to that state’s conflicts of law rules. By registering with
and using the Site or other services provided by us, you expressly agree that the exclusive
jurisdiction for any claim or action arising out of or relating to these Terms and
Conditions or your use of the Site or other information or materials provided by us to you
is under state or federal courts located in the State of Idaho and that all claims or
actions will be brought in those courts, and you further agree and submit to the exercise
of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
18. SEVERABILITY AND INTEGRATION
These Terms and Conditions constitute the entire agreement between you and us with respect
to the Site and supersede any prior or contemporaneous communication (whether oral, written,
or electronic) between you and us with respect to the Site. These Terms and Conditions also
govern and are incorporated into any additional agreement or arrangement between you and us,
including without limitation any agreement relating to the collection, compilation and supply
of data from us. If any part of these Terms and Conditions is held void, invalid, or unenforceable,
that portion shall be construed to reflect the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
19. OUR RIGHT TO TERMINATE ACCOUNT
We reserve the right to terminate your Account and access to all or part of the Site, and
remove any materials, information and data that you have posted on our Site, in our sole
discretion, without notice, at any time and for any reason, including, without limitation
(1) a breach of these Terms and Conditions (2) unauthorized use of your user name(s) or
password(s) or account(s) or (3) unauthorized use of any information or materials provided
to you by us.
Thank you for visiting Truckstop.com (the “Site”) which is operated by Truckstop.com,
a Delaware limited liability company, (“we,” or “us”). Protecting individual privacy is
represent a company or other entity, that company or other entity (“you”), of the type of
information that we may collect from users of this Site and to generally summarize how we
our policies and practices regarding your information and how we will treat it. BY USING
The Information We Collect
When you visit this Site, we may use a web server and web server log to automatically track
and collect certain non-personally identifiable information, such as your Internet protocol
(IP) address, referral pages and pages viewed, access times and other relevant statistics.
We also may use common information collection tools like “cookies,” which are small pieces
of data placed on the visitor’s computer hard drive, to help this Site recognize unique users
and monitor general traffic and site use trends. Cookies help us to understand how you use and
navigate this Site and, in turn, how we can make this Site more user friendly. With most
Internet browsers, you can erase or reject cookies, or set your browser to prompt a warning
whenever a cookie is sent.
Personally Identifiable Information Collected.
From time to time, this Site may provide opportunities for you to submit personally identifiable
information in order to complete a transaction or to receive information you have requested,
such as by registering to receive product announcements, updates and notifications. The types
of personally identifiable information we may collect includes your name, email address, and
mailing address. We may also collect financial information (credit card numbers and associated
card data, social security numbers, tax identification numbers) in the event you register an
account and purchase services from us
How We Use Your Information
The information collected via this Site is used as generally described above, e.g., to help
improve and administer this Site, provide product and service information, and/or fulfill transactions
or requests made by you. Please note that we may share your personally identifiable information with
our affiliates or unaffiliated third parties who help us satisfy such transactions or requests, or
with unaffiliated third parties with whom we have or enter into a business relationship. We also
may disclose your personally identifiable information (i) if we are required to do so by law or
legal process (such as a court order), (ii) in response to a request by law enforcement authorities,
or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial
loss or in connection with an investigation of suspected or actual illegal activity. We reserve
the right to transfer your personally identifiable information in the event we sell, merge or transfer
all or a portion of our business or assets. Should such a sale, merger or transfer occur, we will
use reasonable efforts to direct the transferee to use any personally identifiable information you
sell or trade any personally identifiable information and will not share your personally identifiable
information with any third party except as set forth above. We will from time to time email and/or
fax you information from companies on their behalf that offer services that we feel could help your business.
If you provide us with personally identifiable information, you have the following
rights with respect to that personally identifiable information:
To review the personally identifiable information that you have supplied to us
To request that we correct any errors, outdated information, or omissions in the
personally identifiable information that you have supplied to us
To request that your personally identifiable information not be used to contact
To request that your personally identifiable information be removed from any
solicitation list that we use
To request that your personally identifiable information be deleted from our
To opt out of being solicited by this Site
If you request that your personally identifiable information be deleted from our records,
there may be a brief delay in our processing that request while we verify that the request
is valid and originates from you as opposed to an unauthorized third party. If you request
that your personally identifiable information be deleted, we reserve the right to terminate
any account you have registered with us and/or limit your access to the Site.
If you have registered for product announcements, news, or updates, we will use your personally
identifiable information to fulfill your request. You may stop receiving any electronic
communications from us, including our newsletter, at any time by clicking on and completing
the opt-out link provided at the bottom of the applicable email.
How We Protect Your Information
The security of your personally identifiable information is important to us and we take
reasonable precautions to protect it. Information that is collected that is deemed to be
confidential (credit card numbers and associated card data, social security numbers, tax
identification numbers) will also be collected using secure socket layer (SSL) protocol,
which encrypts data sent from your browser to our servers. This data is then also encrypted
in our databases, and only accessible by authorized staff within our organization.
dditionally, most Internet browsers also offer their own security features that enable end
users to control how their transmissions are protected. Please remember, however, that any
personally identifiable information you send to us via the Internet is subject to the risk
of unlawful interception by third parties, and that no method of safeguarding information is
100% secure. Further, please note that, in our discretion, aggregated information that contains
no personally identifiable information may not be treated as private or confidential.
Children’s Use of The Site
This Site is not intended for children under 13 years of age. We do not knowingly
collect personally identifiable information or other information from children under
age 13. If you are under 13 years old, do not use or provide any information on or
through the Site. If we learn we have collected or received personally identifiable
information from a child under the age of 13 without verification of parental
consent, we will delete that information. If you believe we might have any
personally identifiable information from or about a child under the age of 13,
please email us at firstname.lastname@example.org.
Affiliated Company Websites
To the extent this Site contains links to any other websites operated by us, our partners
and/or affiliates (each an “Affiliated Company Website“), please check the individual
one, depending on the specific nature of that site and the transactions taking place there.
For your convenience, we may provide links from this Site to other sites that are external
to us. We do not operate these external websites, have no control over them and shall not
be responsible for the privacy practices or contents of such external websites. If you chose
to visit any external websites, please familiarize yourself with their privacy policies and
information collection practices. Your use of such external websites shall be subject to the
material change in the personally identifiable information we collect or our other privacy
practices, we will indicate on the Site that our privacy practices have changed and provide
a link to the new policy. In the event we make a material change to how we use your
personally identifiable information, we will provide you with an opportunity to opt-out
of such new or different uses. You are responsible for periodically reviewing the Site and
Location of Our Servers; Governing Law and Venue for Disputes
If you are visiting this Site from outside the United States, please be aware that this
Site and the servers that host it are located in the United States and any information or
data you provide, including personally identifiable information, will be transmitted to
the United States. By using this Site or providing your personally identifiable information,
You agree and consent to (a) the application of the laws of the State of Idaho, United States,
rules, regulations, case law, and/or international treaties that would result in the application
of the laws of a jurisdiction other than the State of Idaho, United States, and (b) the
exclusive jurisdiction of the courts of the State of Idaho, United States to resolve any such
dispute and You hereby waive any objection thereto based on inconvenient forum.
By accessing or using the Site or otherwise providing the information to us, you consent to
to applicable law, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
Enforcement of this Privacy Statement
If you have questions about this statement, contact us at: email@example.com.
We welcome your comments about this statement of privacy. If you believe that we have
not adhered to this statement, please contact us at: firstname.lastname@example.org, or by
mail at PO Box 99, New Plymouth, Idaho, 83655. We will use commercially reasonable
efforts to promptly determine and remedy the problem.