Your access to and use of the Services is subject to your understanding and consent to the terms and conditions of the following:
Main Services Agreement
These terms were last updated on August 8, 2024.
PLEASE REVIEW THE TERMS IN THIS MAIN SERVICES AGREEMENT (“AGREEMENT”) CAREFULLY. By accessing or using the Services, you are accepting to be bound to the terms of THIS Agreement. ONCE ACCEPTED, THESE TERMS OF SERVICE BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND TRUCKSTOP. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE SERVICES.
THE SERVICES ARE INTENDED FOR BUSINESS USE OR USE IN CONNECTION WITH AN INDIVIDUAL’S TRADE, CRAFT, OR PROFESSION ONLY. You must be 18 years or older to use the Services.
If you have a separate written agreement with Truckstop for your use of the Services, the terms in this Agreement will not apply to you, unless that written agreement does not cover a particular Service, in which case, this Main Services Agreement will apply to your use of that particular Service.
This Agreement sets forth the terms for your use of the Services and is effective as of the date you accept or otherwise agree to the terms of this Agreement (“Effective Date”). This Agreement is between Internet Truckstop Group, LLC and its affiliated entities (collectively “Truckstop” or “we”) and you or the organization on whose behalf you are accepting or otherwise agreeing to the terms of this Agreement (“you”, “your”, “yours”, or “Customer”). You may receive access to Services through your employer, an entity with whom you have contracted with as an independent contractor, enrolled as a student, or are otherwise affiliated with. The use of the terms “you” and “your” throughout this Agreement also means you as an individual user and your affiliated entity, if and when applicable.
IMPORTANT: PLEASE REVIEW THE ARBITRATION PROVISIONS SET FORTH IN SECTION 16 BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH TRUCKSTOP ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
THE TERMS OF THIS AGREEMENT MAY CHANGE. WE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO LET YOU KNOW AT LEAST THIRTY (30) DAYS BEFORE WE MAKE ANY SIGNIFICANT CHANGES THAT IMPACT YOU OR YOUR USE OF OUR SERVICES UNLESS WE ARE UNABLE TO BECAUSE OF CHANGES IN LAWS, REGULATIONS, OR CARRIER REQUIREMENTS. THE UPDATED VERSION OF THIS AGREEMENT WILL BE POSTED ON THIS PAGE AND YOUR CONTINUED USE OF THE SERVICES ON OR AFTER THE DATE THE UPDATED VERSION IS EFFECTIVE CONSTITUTES YOUR ACCEPTANCE. THE UPDATED VERSION OF THIS AGREEMENT SUPERSEDES ALL PRIOR VERSIONS. IF YOU DO NOT AGREE TO THE UPDATED VERSION OF THIS AGREEMENT, YOU MUST STOP USING THE SERVICES IMMEDIATELY.
We’re always looking to innovate and enhance our Services. You acknowledge that the features and functions of the Services may change over time and during the term. We will make commercially reasonable efforts to notify you prior to implementing any change, except where Truckstop, in its sole discretion, determines the change is required for security reasons, by telecommunications providers, or to comply with applicable law or regulation.
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Acceptance of the Terms.
- By using or accessing any part of the Services, you agree to the terms of this Agreement, our Privacy Policy located at https://truckstop.com/privacy-policy/, any product specific terms located at https://truckstop.com/terms-conditions/ if applicable to your order (“Product Specific Terms”), and any other policies or notices posted by us on our website or through the Services (collectively, the “Terms”).
- Truckstop’s Privacy Policy covers how Truckstop collects, uses, shares, and stores personal information of users. If you do not agree to or understand Truckstop’s Privacy Policy, including any changes, you are not authorized to use Truckstop’s Services.
- The individual accepting the Terms represents that they have the authority to bind the company or legal entity identified below, and its affiliates, to the Terms.
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Definitions.
- “Authorized User” means an individual subscriber or the agents, representatives, partners, members, employees, temporary employees, and independent contractors of an organization; (a) which have been listed in an Order Form or otherwise approved by Truckstop in writing, and (b) for which access to the Services has been purchased.
- “Confidential Information” means all non-public information that a party designates as being confidential, or which, under the circumstances of disclosure ought to be treated as confidential.
- “Content” means information made available to you through the Services via Truckstop, other users, or one or more of Truckstop’s third-party service providers. “Content” includes User Content and Truckstop Data (as defined below).
- “DOT” means the United States Department of Transportation.
- “Feedback” means all suggestions, product enhancement requests, recommendations, corrections, and/or general comments relating to the Services you communicate to Truckstop.
- “FMCSA” means the Federal Motor Carrier Safety Administration.
- “Force Majeure” means an unforeseen event beyond a party’s reasonable control, such as a strike, blockade, war, pandemic, act of terrorism, riot, third-party Internet or utility failure, refusal of government license or natural disaster, where the affected party takes reasonable and customary measures to avoid or mitigate such event’s effects.
- “Order Form” means an ordering document or online order specifying the Services to be provided that is entered into between you and Truckstop, indicated by your acknowledgement or use of the Services and Truckstop’s acceptance thereof, including any addenda and supplements.
- “Permitted Use” means the right for Authorized Users to access and use the Services during the Term in accordance with the Terms solely for internal business purposes.
- “Service” or “Services” means any website or web-based, mobile, or offline product, feature, software, or service provided by Truckstop, including Truckstop’s proprietary collaborative carrier onboarding and monitoring platform, freight-matching, load planning, transportation management, telematics and fleet management, route optimization, real-time rates, negotiation tools, and other logistics solutions for which you have received access to.
- “SOW” means Statement of Work.
- “Truckstop Data” means all information, data, analyses, and other content, in any form or medium, that is submitted, posted, made available, or otherwise transmitted through the Services, except User Content.
- “Truckstop Proprietary Information” means the Services, any and all Truckstop Confidential Information, and any and all proprietary information, including Truckstop’s copyrights, trademarks, service marks, patents, logos, websites, analytics, analyses, and data (in any form), Truckstop Data, Aggregated Data, data otherwise retained within Truckstop’s systems, and other intellectual property and its associated good will.
- “User Content” means the content, including questions, answers, comments, documents, or other materials shared or uploaded by users of Truckstop’s Services.
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Use of the Services.
- License Grant. Subject to your continued compliance with these Terms, Truckstop grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for the Permitted Purpose during the Term.
- The Services. Truckstop will use commercially reasonable efforts to make the Services available to you. The Services may be temporarily unavailable from time to time due to scheduled downtime or for reasons beyond Truckstop’s reasonable control. Truckstop will not be liable for unavailability of the Services. Truckstop will endeavor to notify you of any unavailability in advance, when practicable.
- Use Restrictions. You will not use the Services for any purpose beyond the Permitted Use. Without limiting the foregoing, you will not, directly or indirectly, in whole or in part use the Services for any of the following purposes or activities: (a) in any way that Truckstop in its sole discretion determines to be competitive with Truckstop or the Truckstop group companies; (b) to violate any law or regulation, including any applicable export control laws and privacy laws; (c) to copy, modify, enhance, adapt, or otherwise create derivative works of the Services, in whole or in part; (d) to redistribute, frameset, transmit, share or broadcast any part of Services; (e) to rent, lease, sell, provide access to or sublicense any element of the Services to a third party; (f) reverse engineer, disassemble, decompile, decode, adapt, “crawl”, “scrape”, “spider”, or otherwise attempt to derive, copy or gain access to data made available as part of the Services or the source of the Services or methods used to compile the Services; (g) remove any proprietary or other notices contained in the Services; (h) upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) to or from the Services that may harm or corrupt the Services or Truckstop Data, or harm or corrupt our or anyone else’s computer systems or data; (i) disable, interfere, or try to get around any of the features of the Services related to security, preventing or restricting use or copying of any element of the Services, or enforcing the limits on access to elements of the Services; (j) to create, develop, produce, or market a substantially similar product or Services; (k) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person; (l) disguise the origin of any content received from or transmitted through Services; (m) obscure or misrepresent your account identity on the Services; (n) use the Services to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose or perform or assist any other party to perform any benchmarking on the Services; or (o) except for Authorized Users, provide anyone with access to the Services. Truckstop expressly prohibits the use of bots and analogous automated methods to scrape or otherwise collect any Truckstop data for first- or third-party use.
- Your Responsibilities. You represent and warrant that you will use any information, data, or content received through the Services in compliance with all applicable laws and regulations. You are responsible for your access to and use of the Services. You will ensure all Authorized Users are aware of and bound by these Terms. You understand that any act or omission by an Authorized User or user who otherwise gains access to Truckstop using your credentials that would constitute a breach by you will be deemed as a breach of these Terms by you.
- Security Measures. You are responsible for security relating to your environment and your use of the Services. This includes implementing and managing procedural, technical, and administrative safeguards on your systems and networks sufficient to ensure the confidentiality, security, integrity, and privacy of your data. You are also responsible for provisioning Authorized Users in accordance with the Terms. Truckstop will have no obligation or liability as to any loss resulting from your security configuration or administration of the Services.
- Usage Limits. We may also impose limits or restrictions on certain Services, features or content or restrict your access to all or part of our Services at any time without notice or liability to you. Limitations include limiting the breadth of your searches and the number of API requests, posts, search requests (including trucks, loads, and hot prospects), Authorized Users, and lanes rated per month.
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Content.
- User Generated Content. Some Services allow you and other third parties to disseminate content through the Services. This data is referred to as “User Content”. User Content may be shared directly through the Services or through communications with Truckstop which are later transcribed or summarized by Truckstop and disseminated to other users of Truckstop’s Services. You understand that any User Content you submit may be seen by third parties.
- Your Submission of User Content. As part of the Services, you may elect to share or upload User Content. Between you and Truckstop, you own the User Content you submit or post to the Services, but grant Truckstop and our licensees a worldwide, perpetual, transferrable, royalty-free right to use, translate, reproduce, host, publicly display, publish, publicly perform, adapt, modify, distribute, promote and otherwise exploit in any manner your User Content in any form and distribution channel now known or subsequently devised for any purpose (including in connection with the Services and other Truckstop Services), without further notice to you, and without the requirement of payment to you or any other person or entity. This provision remains in effect even if you stop using the Services. You are solely responsible for any User Content you or your users share to the Services and the consequences of posting or publishing it. Truckstop has the sole right, but not the obligation, to publish, delete or edit any User Content at any time, including deleting any User Content that we believe to be inappropriate for any reason without notice to you.
- Your Representations & Warranties. You represent and warrant that you will not post or otherwise share any User Content that: (a) contains illegal, false, inaccurate, incomplete, dated, fraudulent or otherwise misleading statements; violates or infringes the rights of or your duties toward any third party (including intellectual property); (b) is defamatory, threatening, inappropriate, offensive, or abusive; (c) is made in bad faith or for the purpose of gaining a competitive advantage against another user or entity; (d) obscene or sexually oriented or explicit material; (e) Truckstop’s posting or use thereof would infringe or violate the rights, including contractual or intellectual property rights, of any third-party; or (f) is confidential and not intended to be widely distributed. Except as stated herein, you have no right in or to any Content and you understand that all right, title, and interest in and to the Content are those of others and may be protected by copyright laws or through other intellectual property rights.
- Content You View. TRUCKSTOP HAS NO DUTY TO PUBLISH, MONITOR, OR REVIEW ANY CONTENT AND YOUR ACCESS TO OR USE OF ANY CONTENT IS AT YOUR OWN RISK. TRUCKSTOP IS NEITHER AFFILIATED WITH NOR DOES IT ENDORSE OR ADOPT THE OPINIONS OF THE AUTHOR OF ANY CONTENT. YOU UNDERSTAND THAT THE AUTHOR OF THE CONTENT MAY NOT PROVIDE TRUCKSTOP WITH ACCURATE, TIMELY, COMPLETE, OR UPDATED INFORMATION AND TRUCKSTOP DOES NOT VERIFY THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE INFORMATION RECEIVED. YOU ACKNOWLEDGE THAT ALL CONTENT IS PROVIDED FOR YOUR INFORMATIONAL PURPOSES ONLY AND YOU ARE SOLELY RESPONSIBLE FOR THE BUSINESS DECISIONS YOU MAKE, AND THE DILIGENCE AND RESEARCH ASSOCIATED THEREWITH. IN EXCHANGE FOR USING ANY CONTENT, YOU AGREE NOT TO HOLD TRUCKSTOP LIABLE FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY DECISION YOU MAY MAKE BASED IN WHOLE OR IN PART ON ANY USER CONTENT. THIS WAIVER OF RIGHTS INCLUDES YOUR WAIVER OF ANY CLAIMS AGAINST TRUCKSTOP FOR LIBEL, DEFAMATION, OR NEGLIGENCE.
- Use of Aggregated Data. Notwithstanding anything to the contrary herein, Truckstop may monitor your use of the Services and collect and compile data (“Aggregated Data”). Between us, all rights, title, and interest in and to the Aggregated Data, including all intellectual property rights, belong to and are retained solely by Truckstop. You acknowledge that Truckstop may compile Aggregated Data based on your data input into the Services. You agree that Truckstop may make Aggregated Data publicly available and use Aggregated Data to the extent and manner permitted under applicable law, including internal use and/or monetary gain. You grant Truckstop, an irrevocable worldwide, perpetual, transferrable, royalty-free right to use, reproduce, host, publicly display, publish, publicly perform, adapt, modify, distribute, promote and otherwise exploit in any manner all Aggregated Data in any form or distribution channel now known or subsequently devised for any purpose without further notice to you, and without the requirement of payment to you or any other person or entity. This grant will survive the termination of these Terms.
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Term and Termination.
- Term. These Terms take effect on the Effective Date and will remain in effect until all applicable Order Forms have expired or been terminated. The initial term of each subscription to the Services will be described in the applicable Order Form (the “Initial Term”). Except as otherwise described in an Order Form, subscriptions for each Service will automatically renew for additional periods equal in length to the expiring subscription term (each, a “Renewal Term”) unless either party provides notice of non-renewal at least thirty (30) days prior to commencement of the next Renewal Term.
- Termination.A party may terminate these Terms for cause: (a) upon written notice to the other party upon a material breach if such breach remains uncured within thirty (30) days from the other party’s receipt of said notice; or (b) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
- Termination by Truckstop. Truckstop may terminate these Terms: (a) immediately without notice if you are in violation of Sections 3, 4, 6, 7, 8, or 15 of this Agreement; (b) for convenience and without penalty upon thirty (30) days written notice of Truckstop’s intent to terminate; or (c) immediately without notice if you have not used the Services for a consecutive ninety (90) day period.
- Fees. Any termination made in compliance with the Terms will take effect on the last day of the billing period in which the cancellation is processed. No portion of a payment will be refunded or prorated at the time a termination request is made. You are encouraged to keep records of all communications regarding termination. Termination of an account does not resolve outstanding amounts owed or nullify previously agreed upon charges or fees, such as payments charged in installments or annual contract charges, portions of which may not yet have been invoiced at the time of your termination request. At the time of termination, any outstanding amounts owed to Truckstop must be settled.
- Service Suspension. Truckstop may suspend your access to the Service due to a Suspension Event, but where practicable will give you prior notice so that you may seek to resolve the issue and avoid suspension. Truckstop is not required to give prior notice. “Suspension Event” means, upon Truckstop’s belief in its sole discretion: (a) your account is thirty (30) days or more overdue; (b) you are in breach of these Terms; or (c) your use of the Service risks harm to the Service, Truckstop, or others. You acknowledge that, in the event of a Service suspension, Truckstop is not liable for any damages, liabilities, losses (including any loss of data or profits), or any other consequences that you (including any user) may incur because of a Service suspension.
- Effect of Termination. Truckstop is not a data storage solution. Upon expiration or termination of these Terms, you will immediately discontinue use of the Services and Truckstop may delete all data (Customer Data or otherwise) in its possession.
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Confidential Information.
- Obligations. Each party will keep confidential and will not use (except as reasonably necessary to perform its obligations under and carry out the intent of these Terms) or disclose to any third party (except third parties on a need-to-know basis for the limited purpose of carrying out its obligations under these Terms), and will take all commercially reasonable precautions to secure any Confidential Information of the other party, but in no event less than the methods used to protect the party’s own Confidential Information. Confidential Information will not include information that: (a) is or becomes readily publicly available through no fault of the receiving party or its employees or agents; (b) is received from a third party lawfully in possession of and lawfully empowered to disclose such information; (c) is rightfully in the possession of the receiving party prior to its disclosure by the other party; or (d) is independently developed by the receiving party without use of the disclosing party’s Confidential Information. For the avoidance of doubt, all Truckstop Data is Confidential Information as displayed and provided to you through the Services despite the occasion when some data may be public.
- Disclosures. The receiving party may make disclosures required by law or court order provided it uses reasonable efforts to limit disclosure and to obtain confidential treatment and to the extent reasonably practicable gives advance notice of such requirement to the other party.
- Relief. You acknowledge and agree that the unauthorized use, transfer, distribution, publication, dissemination, or disclosure of Truckstop Proprietary Information, including Truckstop’s Confidential Information, in certain circumstances may cause irrevocable damage to Truckstop and the amount of the harm may be difficult to ascertain during the Term of these Terms and thereafter. If you or your users violate or threaten to violate any of the Terms regarding the use, transfer, distribution, publication, dissemination or disclosure of Truckstop Confidential Information or Services during or after the Term, you will have materially breached these Terms. You further agree that upon the discovery of such breach or threatened breach, Truckstop will have the right to immediately terminate these Terms and to seek an injunction, including preliminary injunctive relief, without posting a bond, from a court of competent jurisdiction to enjoin further disclosure or misappropriation of the Truckstop Confidential Information or the unauthorized use of the Services, since money damages will not provide an adequate remedy. These rights and remedies will be in addition to, and not in lieu of any other remedies available to Truckstop at law or equity.
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Intellectual Property Ownership.
- Reservation of Rights. Truckstop and its licensors own all rights, title, and interest in and to the Services, including all copyright, trademark, trade secret, and patent rights, and reserves all such intellectual property rights. These Terms do not grant you or any third party, by implication, waiver, estoppel, or otherwise, any intellectual property rights or other right, title, or interest in or to the Services including all data made available through our Services. Truckstop retains the right to re-use all techniques and know-how gathered by Truckstop while providing the Services and the sole right and control over the programming, content, organization, design, features, and conduct arising from or related to the Services and these Terms.
- Feedback. You irrevocably assign, transfer, and otherwise convey to Truckstop all right, title, and interest in and to the Feedback. Truckstop has the sole right to use, distribute, disclose, profit, and/or incorporate the Feedback as Truckstop sees fit and in Truckstop’s sole discretion without any attribution or compensation to any party, or other intellectual property rights contained in the Feedback, for any purpose whatsoever.
- Customer Data. Except as expressly provided herein, you will retain all rights, title, and interest in and to all data and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by you through the Services (“Customer Data”). For the avoidance of doubt, Customer Data does not include any Truckstop Data.
- Use of Marks. To the extent your content contains or constitutes a trademark, service mark, or other similar intellectual property (each a “Mark”) or includes copyrightable or copyrighted material, you hereby grant to Truckstop a revocable non-exclusive, non-transferable, royalty-free license to use and display such Mark(s) to use, copy, publicly perform, reformat, convert, display, and transmit any such Mark.
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Fees & Payment.
- Fees. If there is a fee associated with the Services, you agree to pay that fee. Fees become due and payable upon the Effective Date. If your use of the Services exceeds the capacity set forth on the Order Form or otherwise requires the payment of additional fees, Truckstop will invoice you in arrears for such additional usage and you agree to pay the additional fees. Commitments, including term length, cannot be decreased during the Term. We may amend the fees or payment terms applicable to the Services upon thirty (30) days written notice to you.
- Taxes. Some Services include a fee for the Service and a charge for taxes. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your Truckstop account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
- Your Billing Account. To pay the fee for any Service, you will be asked to provide a payment method at the time you sign up for that Service. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
- Billing. By providing Truckstop with a payment method, you: (a) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (b) authorize Truckstop to charge you for the Services using your payment method; and (c) authorize Truckstop to charge you for any paid feature of the Services you choose to sign up for or use while the Terms are in force. We may bill you: (d) in advance; (e) at the time of purchase; (f) shortly after purchase; or (g) on a recurring basis for subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
- Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to Truckstop by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated. By authorizing recurring payments, you are authorizing Truckstop to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Truckstop or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment. Truckstop reserves the right to hold you responsible for all reasonable fees and expenses associated with the collection of payment, including collection and attorneys’ fees.
- Bank Account Payment Method. You may register an eligible bank account with your Truckstop account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a United States-based financial institution that supports automated clearing house (“ACH”) entries. You represent and warrant any bank account provided is held in your name, or you are authorized to register and use this bank account as a payment method. By using the bank account as your payment method, you authorize Truckstop (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your Truckstop account. By providing a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.
- Errors. If you believe Truckstop has made an error on your invoice, you must tell us within sixty (60) days after the error first appears on your invoice and we will promptly investigate the charge. If you do not tell us within that time, we won’t be required to correct the error or provide a refund.
- Refund Policy. All purchases are final and non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
- Trial-Period & Promotional Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial within the timeframe communicated to you when you accepted the offer to avoid being charged to continue the Services at the end of the trial period. Truckstop may offer Services for a trial period during which we will not charge you for the Services. Truckstop reserves the right to charge you for such Services (at the normal rate) if we determine that you are breaching the terms and conditions of the offer.
- Interest, Suspension of Services & Acceleration. If any fees are thirty (30) or more days overdue, Truckstop may, without limiting Truckstop’s other rights and remedies: (a) charge you interest at the rate of the lesser of 1.5% per month, or the maximum rate permitted by law; (b) accelerate your unpaid fees so that all such obligations become immediately due and payable; (c) suspend your access to and use of the Services until such amounts are paid in full; and (d) terminate these Terms with immediate effect.
- Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least fifteen (15) days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term but will not extend to any Renewal Term.
- Third-Party Materials. You acknowledge and agree that use of any products, services, or information that interoperates with the Services and is provided by third parties is subject to the terms and conditions and privacy policies of that third-party. You will not hold Truckstop responsible for any third-party materials, including its’ content, privacy policies, or accuracy, timeliness, or any other aspect thereof. You should read the terms and conditions and privacy policies related thereto.
- Other Software. Your use of the Services requires hardware, software, and internet access not provided by Truckstop and are your responsibility. Truckstop is not liable for the functionality, connectivity, or performance of any third-party system components or the compatibility of any third-party system component with the Services.
- AI Tools. Truckstop may introduce features and capabilities as part of the Services that utilize artificial intelligence, machine learning, or similar technologies (the “Al Functions”). These Al Functions may be developed by Truckstop and/or Truckstop’s third-party providers and are a part of the Services. These Terms only apply to Al Functions provided by Truckstop the Services and not to any artificial intelligence, machine learning, or similar technologies provided by third party services. Truckstop exclusively owns all rights, title, and interest in and to the Al Functions, including all associated intellectual property rights. You may provide your data for use with Al Functions (“Input”) and receive output generated and returned by the Al Functions based on the Input (“Output”), and together with Input, “Al Content”). You are solely responsible for all AI Content, including compliance with applicable laws and these Terms. Other users providing similar Input to Al Functions may receive the same or similar Output. Responses received by other users are not your AI Content. You will not input any Truckstop Data into any AI Function for any purpose, including training, without Truckstop’s prior written consent.
- Ratings. Some Services may provide users with access to carrier, broker, or shipper ratings. Unless otherwise stated, any rating generated by Truckstop or otherwise displayed through the Services is based upon Truckstop’s interpretation of various data points. You understand that all ratings generated by Truckstop represent Truckstop’s projected measure of performance, and in exchange for viewing the rating, you accept all the terms contained herein. Ratings may be reviewed upon written request to Truckstop.
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Limitations of Liability.
- No Consequential Damages. IN NO EVENT WILL TRUCKSTOP (INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS AND SUPPLIERS) BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, ENHANCED, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR LOSS OF PROFITS, BUSINESS OPPORTUNITY, INCREASED COSTS, ANTICIPATED GOODWILL, REVENUE, DATA OR DATA USE, WHETHER FORESEEABLE OR NOT AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Direct Damages. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE AGGREGATE, CUMULATIVE LIABILITY OF TRUCKSTOP (INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS) ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHERWISE WILL NOT EXCEED $1,000.00.
- Assumption of Risk and Disclaimer of Warranties. Truckstop does not function as a transportation broker or arrange for the movement of freight. You acknowledge that all terms and conditions associated with freight movement (e.g., broker-carrier agreements, pricing, or payment terms) made between you and a third party are solely between you and the third party. Truckstop does not conduct independent audits and is not in the business of assessing the safety, quality, qualifications, suitability, accident history, vehicle history, criminal or civil liability history, creditworthiness, or experience of any third party, including other users of our Services. You acknowledge and agree that we do not and will not have a duty to conduct any investigations or evaluations relating to any of the foregoing. You fully and completely assume all risk of using the Services and any content, materials or information provided to you by us or any other user of the Services.
YOUR USE OF THE SERVICES AND ANY CONTENT RECEIVED THROUGH THE SERVICES 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 SERVICES, CONTENT OTHERWISE PROVIDED TO YOU BY US THROUGH AN ALTERNATIVE MEANS, OR THE LEGITIMACY OF THE SOURCE. WE 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: (A) REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF OUR SERVICES; (B) THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; OR (C) REGARDING THE QUALITY, QUALIFICATIONS, SUITABILITY, SAFETY, ACCIDENT HISTORY, VEHICLE HISTORY, CRIMINAL OR CIVIL LIABILITY HISTORY, IDENTITY, CREDITWORTHINESS OR EXPERIENCE OF ANY OF THE USERS OF OUR SERVICES OR OTHER THIRD PARTIES. IN ADDITION, BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT, AND HAVE NO DUTY TO, CONDUCT ANY INVESTIGATIONS OR EVALUATIONS RELATING TO ANY OF THE FOREGOING. YOU FULLY AND COMPLETELY ASSUME ALL RISK OF USING THE SERVICES AND ANY CONTENT, MATERIALS OR INFORMATION PROVIDED TO YOU BY US OR ANY OTHER USER OF THE SERVICES.
NEITHER WE NOR ANY OTHER PARTY INVOLVED IN THE CREATION, DISTRIBUTION OR DISPLAY OF THE SERVICES OR ANY OTHER MATERIALS OR INFORMATION PROVIDED TO YOU BY US (COLLECTIVELY, “SUPPLIERS”) IS LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR THAT RESULT FROM: (A) YOUR USE, INABILITY TO ACCESS OR USE OR RELIANCE ON THE SERVICES OR ANY OTHER MATERIALS PROVIDED TO YOU BY US, EVEN IN THE EVENT OF OUR NEGLIGENCE; OR (B) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL SERVICES AND ANY OTHER MATERIALS OR INFORMATION PROVIDED TO YOU BY US 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, RELIABILITY, ABILITY TO MEET YOUR NEEDS OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR ANY OF THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR DAMAGE YOUR HARDWARE OR OTHER PROPERTY AS A RESULT OF YOUR ACCESSING, BROWSING OR USING THE SERVICES, DOWNLOADING INFORMATION OR PRINTING INFORMATION FROM THE SERVICES.
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Indemnification.
- By Truckstop. Truckstop will defend or settle any third-party action brought against you by paying all costs, damages and reasonable attorneys’ fees that are finally awarded against you or are included in a settlement where the third party asserts that the Services infringe a United States trademark or copyright or that Truckstop misappropriated trade secrets in the development of the Services (each an “IP Claim”). You must notify Truckstop promptly in writing of the action, provide Truckstop all reasonable information and assistance to settle or defend the action at Truckstop’s request and expense and grant Truckstop sole authority and control of the defense or settlement of the action. Truckstop will not be responsible for any compromise made or expense incurred without its prior written consent. Truckstop will have no indemnification obligations with respect to Services: (a) not supplied by Truckstop; (b) made in whole or in part in accordance with your specifications; (c) that are modified after delivery by Truckstop or combined with other products, processes or materials where the alleged infringement relates to such combination; (d) where you continue the allegedly infringing activity after being notified or after being informed of modifications that would have avoided the alleged infringement; or (e) where your use of the Services is not strictly in accordance with these Terms. If a court of competent jurisdiction finds the Services to be or are believed by Truckstop to be infringing, Truckstop may, at its option and expense: (a) replace or modify the Services to be non-infringing provided that such modification or replacement contains substantially similar features and functionality; (b) obtain a license for you to continue using the Services; or (c) if neither are commercially practicable, terminate these Terms and provide you a refund for any prepaid, unused fees for the Services.
- By You. You will defend (if Truckstop so requests), indemnify and hold harmless Truckstop (and its officers, suppliers, directors, employees, agents, affiliates, successors, and assigns), from and against any claim, demand, losses, damages or expenses (including reasonable attorneys’ fees) arising from or related to: (a) your submission of, access to, or use of the Services or any User Content; (b) Truckstop’s performance of the Services in accordance with these Terms and you otherwise direct; (c) our use of any content submitted by you in connection with the Services; or (d) your violation of the law or rights of any third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services. You may not settle any third-party claim against Truckstop without Truckstop’s express consent. Truckstop will have the right, at its option, to defend itself against any third-party claim or to participate in the defense through counsel of its own choice.
- Sole Remedy. THIS SECTION COMBINED WITH SECTION 13 TITLED “LIMITATIONS OF LIABILITY” SETS FORTH YOUR SOLE REMEDY AND TRUCKSTOP’S SOLE LIABILITY AND OBLIGATION FOR ANY POSSIBLE INDEMNIFICATION CLAIM.
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Arbitration & Class Action Waiver.
- Agreement to Arbitrate. By receiving access to the Services, except as provided in Section 16.2, you agree that you are required to resolve any dispute that you may have against Truckstop on an individual basis and in arbitration, as set forth in this Section. This will preclude you from bringing any class, collective, or representative action against Truckstop, and preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Truckstop by someone else. You agree that any dispute arising out of or relating to the Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Section, will be referred to and finally determined in accordance with the JAMS Smart Contract Rules. The seat of the arbitration will be Ada County, Idaho. The language to be used in the arbitral proceeding will be English. Judgment upon the award rendered by the Arbitrator(s) may be entered by any court having jurisdiction thereof.
- Disputes Covered. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, your Truckstop account, marketing, communications, your purchase transaction, billing, or the Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except: (a) disputes relating to the enforcement or validity of your, your Authorized Users, our, or our licensors’ intellectual property rights; or (b) that Truckstop may seek equitable relief as provided herein.
- Severability. If any portion of this Section is found to be unenforceable or unlawful for any reason: (a) the unenforceable or unlawful provision shall be severed from this Agreement; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the terms; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
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Miscellaneous.
- Notices. Notices to Truckstop will be provided via email to [email protected]. All notices to you will be provided via email to the relevant contact(s) you designate in your account.
- No Confidential or Contractually implied Relationship. You acknowledge that by registering with us, submitting content to us for posting or any other purposes or using 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 the Terms.
- Geographic Restrictions. The Services are based in the United States and provided for access and use only by persons located in the United States and Canada. You acknowledge that you may not be able to access all or some of the Services outside of the United States and Canada and that access may not be legal by certain persons or in certain countries. If you access the Services from outside the United States or Canada, you are responsible for compliance with local laws.
- Export Regulations. Each party: (a) will comply with all export and import laws in performing these Terms and (b) represents and warrants that it is not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country. You will not submit to any data controlled under the U.S. International Traffic in Arms Regulations to Truckstop.
- Government Terms.Truckstop provides the Services, including related software and technology, for ultimate federal government end use solely in accordance with the terms of this Agreement. If you are an agency, department, or other entity of any government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Services, or any related documentation of any kind, including technical data, software, and manuals, is restricted by the terms of this Agreement. All other use is prohibited and no rights than those provided in this Agreement are conferred. Truckstop products were developed fully at private expense.
- Claims of Infringement. Just as we require users of the Services to respect our copyrights and other intellectual property rights, we respect the copyrights and other intellectual property rights of users of the Services and other third parties. If you believe in good faith that your copyrighted work has been reproduced on the Services without authorization in a way that constitutes copyright infringement, you may notify us via email at [email protected]. Please provide the following information in your submission: (a) identification of the content you believe to be infringing in a sufficiently precise manner to allow us to locate that content; (b) your name, address, daytime phone number and email address, if available; (c) 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; (d) 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 (e) your electronic or physical signature. Incomplete submissions may not be processed.
- Right to Audit. You expressly grant us the right to audit your facilities and records from time to time to verify your compliance with these Terms. Any audit will only take place during your normal business hours and upon no less than five (5) days’ prior written notice from us.
- Trials and Betas.Truckstop may offer optional access to the Services on a free, trial, or early access basis (“Trials and Betas”). Use of Trials and Betas is permitted only for your internal evaluation during the period designated by Truckstop on the Order Form (or if not designated, thirty (30) days). Either party may terminate your use of Trials and Betas at any time for any reason. Trials and Betas may be inoperable, incomplete or include features never released. Notwithstanding anything else in these Terms, Truckstop offers no warranty, indemnity, service level commitment or support for Trials and Betas and our liability for Trials and Betas will not exceed $100.
- Entire Agreement. This is the entire agreement between you and Truckstop for your use of the Services. It supersedes any prior or contemporaneous agreements or understandings, proposals, statements, sales materials, presentations, or non-disclosure, whether oral or written between you and Truckstop regarding your use of the Services. No oral or written information or advice given by Truckstop, its agents, or its employees will create a warranty or in any way increase the scope of the warranties or obligations in these Terms. Truckstop may in its sole discretion change the Terms or any aspect of the Services at any time without notice to you. To the maximum extent permitted by law, your continued access of the Services after the effective date of the revised terms constitutes your acceptance of the terms.
- Order of Precedence. In the event of any conflict or inconsistency among the following documents, to the extent necessary to resolve the conflict, the order of precedence will be: (a) the applicable Order Form(s); (b) the Product Specific Terms; (c) the terms set forth in the body of this Agreement; then (d) any other terms incorporated by reference herein or any other exhibits or attachments hereto.
- Waiver. If we waive any of our rights under these Terms in any instance, it does not mean that we are waiving our rights generally or in the future. We may not enforce all our rights all the time, but it does not mean that we are waiving our rights, as we may decide to enforce them later. Waivers are only effective if made in writing and signed by an authorized Truckstop representative.
- Force Majeure. Neither party will be liable for a delay or failure to perform these Terms due to a Force Majeure. If a Force Majeure materially adversely affects the Services for sixty (60) or more consecutive days, you terminate the affected Order Form(s) upon notice to Truckstop. This Section does not limit your obligations to pay fees owed.
- Legal Requests. Notwithstanding anything to the contrary, you acknowledge that Truckstop may access, disclose, or allow third-parties access to the data, information, or content you provide to Truckstop to comply with the law or to respond to requests or legal processes.
- Governing Law. These Terms will be governed by and construed under the laws of the State of Idaho without regard to that state’s conflicts of law rules.
- Relationship; No Third-Party Beneficiaries. The parties are independent contractors, not agents, partners, or joint venturers. There are no third-party beneficiaries to these Terms.
- Survival. Upon expiration termination of the Terms, the obligations by which their nature are intended to survive expiration or termination will survive, including Section 14 (Assumption of Risk and Disclaimer of Warranties); Section 15 (Indemnification), Section 13 (Limitations of Liability), and Section 16 (Arbitration), and Section 17 (Miscellaneous).
- Miscellaneous. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won’t change. Section 16.3 says what happens if parts of Section 16 (Arbitration and Class Action Waiver) are found to be unenforceable. Section 16.3 prevails over this section if inconsistent with it. Except for Section 16 (Arbitration and Class Action Waiver) these Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for Truckstop’s successors and assigns.
Product Specific Terms
These terms were last updated August 8, 2024.
These Truckstop Product Specific Terms (“Product Specific Terms”) are intended to highlight some of the important things about using our different Services. In addition to the terms found within Truckstop’s Main Services Agreement located at https://truckstop.com/terms-conditions/#msa, these Product Specific Terms form part of the Truckstop Main Services Agreement and are hereby incorporated therein. If your use of Truckstop Services includes the use of the Services, product(s), or features described below, the corresponding terms will apply. We periodically update this page by posting a revised copy, so please check back here for current information.
If there is a conflict between these Product Specific Terms and any other document forming the Terms, the order of precedence is as follows: Order Form, these Product Specific Terms, then the Main Services Agreement. These Product Specific terms are intended to supplement the Main Services Agreement and only override or supersede the terms of the Main Services Agreement in the event of a direct conflict and to the extent necessary to resolve the conflict.
RMIS (includes Lite, Premium, Monitoring Only, and Specialized)
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Services
- “Services” means Truckstop’s proprietary collaborative Carrier platform updates which you may subscribe to and any application or Truckstop-provided software (whether by download or internet-based access) that allows you to use the Services. Truckstop may provide you with Carrier Information, including personally identifiable information, while performing the Services. You agree to comply with Truckstop’s privacy policies, which may be updated from time to time, and all applicable laws and regulations. Truckstop’s role in your carrier onboarding and/or monitoring process is limited to providing the Services purchased through your Order Form and as described herein and does not extend to any endorsement of or advice relating to your Carrier selection or monitoring criteria.
- A “Carrier” is an individual owner-operator or trucking company that transports goods for commercial purposes that has or may contract with certain Truckstop customers for the provision of transportation services. To provide the Services, Truckstop obtains certain information regarding Carriers (“Carrier Information”) from the following third parties: DOT; FMCSA; dissemination groups for the DOT and FMCSA; insurance agents and producers; Carriers (collectively, “Information Providers”).Truckstop may occasionally but is under no obligation to obtain Carrier Information for other third-party providers, in which case the third-party provider will also be defined as an Information Provider.
- Carrier Onboarding. If your purchase includes Carrier Onboarding, Truckstop will build an internet registration processing website where Carriers may provide Carrier Information to Truckstop and review and submit other data as requested by you, and as mutually agreed upon between you and Truckstop in writing. While we reserve the sole discretion of the final web-based product, you are responsible for all website content, including all Carrier Information you solicit, text, imagines, videos, and data (“Website Content”). Truckstop’s role is limited to the technical implementation and design of the Website Content, and we do not make any endorsement as to the Website Content. Changes, additions, or modifications requested after the website is built exceeds the scope of the initial Services and must be agreed upon by the parties in writing and evidenced by a SOW for an additional fee. You acknowledge that Truckstop retains all rights, title, and interest in and to any website created by Truckstop during the Term and thereafter.
- Carrier Monitoring. If your purchase includes Carrier Monitoring, Truckstop will provide certain authority and insurance compliance monitoring based on your monitoring requirements for all Carriers properly attached to you. “Attaching” a Carrier requires Truckstop to have already obtained the Carriers name, business address, business contact information, insurance information, licensing, and other information as deemed necessary by Truckstop. Truckstop may provide you with certain Carrier Information for your use consistent with the Terms and in a format deemed appropriate by Truckstop. Truckstop will periodically provide you with updated Carrier Information if Truckstop receives additional and/or updated Carrier Information from an Information Provider during the Term. If Truckstop is not in satisfactory receipt of all Carrier Information Truckstop deems necessary to perform the Services, Truckstop will classify a Carrier as “non-compliant” and/or label a field “non-applicable” or the equivalent thereof. Upon Truckstop’s request, you will take all reasonable actions to assist Truckstop with obtaining any requested Carrier Information. If Truckstop does not have Carrier Information on a Carrier you want to attach to your account for monitoring, you are responsible for providing Truckstop with the Carrier’s contact information, DOT information, and producer contact information for every insurance type you require so that Truckstop may attempt to obtain the Carrier Information. Prior to the expiration of each Carrier’s insurance coverage, as listed on the Certificates of Insurance obtained from Information Providers, Truckstop will use commercially reasonable efforts to contact the appropriate insurance agent and request a new Certificate of Insurance for the new policy period. If a Carrier’s new Certificate of Insurance is not received before the expiration of coverage, or if other specified information is not received when required, the Carrier’s status will show as “non-compliant” or the equivalent thereof.
- Additional Information.From time to time, Truckstop may receive and provide you with information (including Carrier Information): (a) from other third-party sources or (b) that exceeds the scope of the information traditionally provided through the Services. You understand and agree that Truckstop is under no obligation to solicit, obtain, provide, or otherwise keep you apprised of this information, and it is for your informational purposes only. This information is presented “as is” and Truckstop makes no representations or warranties as to the accuracy or timeliness of this information. Your use of the information is subject to these terms.
- Disclaimers. In addition to the terms contained in the Main Services Agreement, you understand that the Information Providers are not affiliated with or under the control of Truckstop and are not obligated to provide Truckstop with accurate, timely, or updated Carrier Information. Truckstop is not responsible for the action or inaction of others, including Information Providers, and you understand that Information Providers do not always respond to our request for information or provide us or the DOT with accurate or timely Carrier Information. TRUCKSTOP DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE) AS TO AND IS NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR TRUSTWORTHINESS OF CARRIER INFORMATION.
- Modifications. All requests for onboarding, implementation, training, configuration, consulting, modifications, enhancements, or other professional services (including onboarding and/or monitoring modifications) must be made in writing agreed upon by both parties as evidenced by an executed SOW. The SOW will outline the terms, pricing, and timeline of the agreement. Although Truckstop may respond to or implement requests outside of a SOW from time to time, you acknowledge that Truckstop has no responsibility or liability to do so. Unless stated otherwise, the parties acknowledge that the dates specified in the SOW are estimates only. You acknowledge that Truckstop may charge fees in addition to the subscription fees for requests that exceed the scope of the Services.
- Customer Data. For the avoidance of doubt, Customer Data does not include any Truckstop Data or Truckstop Proprietary Information, including Carrier Information.
- Confidential Information. For the avoidance of doubt, all Carrier Information and/or information, data, or content provided by Truckstop, or Information Providers is Confidential Information as displayed and provided to you through the Services despite the occasion when some data may be public.
- Truckstop Data and Intellectual Property. The definition of “Truckstop Data” also includes all information, data, and other content, including Carrier Information, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Truckstop, Carriers, Customers via the Services and/or Information Providers. “Truckstop Proprietary Information” also includes carrier data (including Carrier Information) obtained and collected by Truckstop or Information Providers and Carrier Information otherwise retained within Truckstop’s systems and other intellectual property and its associated good will.
Broker Membership Program
In its sole discretion, Truckstop may deem certain customer’s eligible to enroll and participate in the Broker Membership Program (the “BMP“) during the Term. Truckstop reserves the right to amend, terminate, or suspend your access to the BMP at any time and without penalty during the Term. You acknowledge that the BMP is not material to the functionality of the Services. Your access to and use of the BMP features is subject to the following terms:
- Broker Education. A limited, revocable, non-transferrable, non-exclusive license to participate in one (1) virtual discussion on industry topics.
- Shipper Leads List. A limited, revocable, non-transferrable, non-exclusive license to access and use certain targeted SIC/NAICS shipper leads data provided by Truckstop at its’ sole discretion, including SIC/NAICS codes, code descriptions, company name, business address, phone number, location sales volume, location employee count range and website address URL (collectively, “Leads Data”) solely for the Permitted Use. You acknowledge that the federal government and states have enacted laws regarding direct marketing. You further acknowledge and agree that Truckstop has no obligation to inform you of any applicable laws. You should consult with legal counsel regarding applicable laws before initiating a direct mail, fax, or telemarketing campaign. Your access to, use of, and responsibilities relating to the Leads Data is also subject to the Data & Marketing Association’s Guidelines for Ethical Business Practice.
- Contingent Cargo Insurance. Subject to all requisite approvals, including enablement your Carrier Website, Truckstop will request that you be added to the “Truckstop Master Contingent Cargo Policy” as an additional insured. Truckstop reserves the right to amend or terminate the Master Contingent Cargo Policy at its sole discretion and without notice.
- BMP Termination. You may terminate their participation in the BMP during the Term upon written notice to Truckstop.
- INFORMATIONAL PURPOSES ONLY. ALL INFORMATION PROVIDED THROUGH THE BMP DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE LEGAL ADVICE. ALL INFORMATION, CONTENT, AND MATERIALS PROVIDED THROUGH THE SERVICES AND THE BMP ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. YOU SHOULD CONSULT AN ATTORNEY OR INDEPENDENT LICENSED INSURANCE PROFESSIONAL WITH ANY QUESTIONS.
API Bundles
Unless otherwise stated in your Order Form, the following limitations apply:
a maximum of 300 unique Load or Truck Post per user each month; a maximum of 50 search requests per user each month (includes trucks, loads, and hot prospects); no broad searches allowed (city or coordinates required on either origin or destination or both); and a maximum of 50 lanes rated per user, each month. If the bundle includes CACCI, the same usage charges found on your Freight Matching licenses will apply based on the number of MC numbers monitored. You must have the required Freight Match Pro user licenses, and a maximum of five (5) Authorized Users to be eligible for an API bundle.
Truckstop (including, Advanced Load Searching, Book It Now (Broker & Carrier), CACCI (Bundle, Webservice), Carrier Business Tools (Invoices & Tracking), Carrier Directory, Carrier Insurance Monitoring, Carrier Performance Web Service, Carrier Registration Service, CarrierLists (Basic & Premium), Clear, CPR, CPR Monitoring, Credit Watchlist, CreditStop (Broker, Combo, Shipper, & Web Service), eCredentials. Freight Match (Broker, Carrier, Combo, Dispatch Carrier, Dispatch Combo, Dispatch Pro Carrier, Freight Match Advanced (Broker, Carrier, Combo, Shipper), Freight Match Premium (Broker, Combo, Shipper), Freight Match Pro (Broker, Carrier, Combo, Shipper), Freight Match Pro Plus CACCI, FuelDesk, Hot Prospects Search Web Service, Lane Search Web Service, Load and Truck Posting, Load Posting, Load Search, Load Searching, Obsidian Web Services, OD Rate Quotes, Paid Shipper Rate, Legacy Dispatch , Rate Analysis 2.0 (Enterprise, User, Advanced, Basic, Pro), Rate Matrix, RateMate, Rates and Analytics, Refresh 20, Refresh 40, ReportBroker, ReportCarrier, SaferWatch Assure, SaferWatch Guardian, Shipper Loads Web Service, ShipperMate, Trans4Cast, Trip Routing Web Service, Truck Posting, Lane Posting, Truck Searching, HotProspects, and Webmate)
- Active Authority. Truckstop requires that broker and carrier customers are responsible for keeping their authority active with the Federal Motor Carriers Safety Administration (FMCSA) along with appropriate levels of insurance and documentation with MC/DOT registration, unless otherwise approved by Truckstop. The federal government does not require shippers to obtain authority. If at any time the customer account does not meet these requirements the account will be suspended or cancelled.
- Access. 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 are responsible for all activity that occurs under your Account, and you agree to maintain the security and confidentiality of your Account information and password at all times. You agree to notify us immediately of any actual or suspected unauthorized use of your Account. You understand and agree that in order to use our Services and create an Account, 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 understand and agree that to use our Services and create an Account, 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. Accounts may be suspended or cancelled for security and assurance purposes. The account will not be refunded or prorated if it is closed for non-authority, rating, lack of insurance, or missing documentation. Each Truckstop Account is unique. Additional users may be added to an Account subject to the fees agreed to by the parties. Each user must register with an individual, unique email address and password to access Truckstop Services. Truckstop may limit the number of usernames and passwords associated with your Account. Truckstop reserves the right to bump users off the system if more than one user attempts to login with the same email address and password at the same time.
- Changes to Services. A request to remove a service or product on an account must be made and approved by Truckstop at least five (5) days prior to the next bill cycle date and will take effect on the last day of the billing period in which the request is approved. No portion of a payment will be refunded or prorated at the time a change request is made.
SMS TERMS
These Terms were last updated September 21, 2023.
IMPORTANT! PLEASE READ THESE INTERNET TRUCKSTOP GROUP, LLC SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY INTERNET TRUCKSTOP GROUP, LLC (“TRUCKSTOP” OR “WE” OR “US”) TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF TRUCKSTOP’S TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE TRUCKSTOP SMS TERMS AND CONDITIONS.
Consent to receive text messages is not required and is not a condition of any purchase.
Program Description
Truckstop text messages are intended to provide you with information and/or marketing and promotional information regarding Truckstop products and services. We may also provide you with transaction-related information.
Cost and Message Frequency
Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency depends on the user’s interaction. If you have any questions about your text plan or data plan, it is best to contact your mobile provider.
How to Opt-Out
After you opt-in to any Truckstop text messaging program, you can opt-out by replying STOP to a text message for a program from which you no longer wish to receive messages. This will only opt you out of the specific text messaging program associated with the text to which you replied STOP. You will remain opted in to other Truckstop text messaging programs.
Your Mobile Telephone Number
You represent that you are the account holder or are authorized to make changes to the account for the mobile telephone number(s) that you enroll in a Truckstop messaging program. You are responsible for notifying Truckstop immediately if you change your mobile telephone number. You may notify Truckstop of a number change by making the change in your user profiles or by contacting Support at 1-800-203-2540.
You agree to indemnify Truckstop in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Truckstop if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Access or Delivery to Mobile Network is Not Guaranteed
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device can receive text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Truckstop’s control and neither Truckstop nor the mobile carrier is responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).
Supported Carriers
Supported carriers may change from time to time, but currently include AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), and Google Voice, among others.
Support/Help
To request more information, reply HELP to any text message you receive from Truckstop for the text messaging program about which you have questions. You may also receive help by contacting Support at 1-800-203-2540.
Changes to Terms and Conditions
Truckstop may revise, modify, or amend Truckstop SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Truckstop’s website at https://truckstop.com/terms-conditions/.
You agree to review these Truckstop SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Truckstop text messages will indicate your acceptance of those changes.
Termination of Text Messaging
We may suspend or terminate your receipt of Truckstop text messages if we believe you are in breach of these Truckstop SMS Terms and Conditions. Your receipt of Truckstop text messages is also subject to termination if your mobile telephone service terminates or lapses. Truckstop reserves the right to modify or discontinue, temporarily or permanently, all or any part of Truckstop text messages, with or without notice.