INTERNET TRUCKSTOP GROUP, LLC
TERMS AND CONDITIONS
1. CONTRACTUAL RELATIONSHIP
These Terms and Conditions govern the access or use by you of websites, mobile applications, content, products and services (collectively, the “Services”) made available by Internet Truckstop Group LLC, a Delaware limited liability company, located at 222 N. Plymouth Ave., New Plymouth, ID 83655, and its affiliated entities but excludes any websites, mobile applications, content, products and services that indicate they are subject to separate terms and conditions. An entity is an affiliate of Internet Truckstop Group LLC if the entity directly or indirectly controls, is controlled by or is under common control with the other entity. Internet Truckstop Group LLC and its affiliates are collectively referred to herein as “Truckstop.com”. In instances when you have a separate signed agreement with us for certain Services, such signed agreement’s terms will be controlling with respect to the applicable Services in the event of an inconsistency with these Terms and Conditions. Further, additional terms may apply to certain Services and will be disclosed to you in connection with such Services. The additional terms will be controlling with respect to the applicable Services in the event of an inconsistency with these Terms and Conditions.
By accessing and using the Services you are agreeing to these Terms and Conditions. If you are using the Services on behalf of a business entity, then your use means such business entity also accepts these Terms and Conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND USING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY, UNDERSTAND THEM AND AGREE TO BE BOUND BY THEM. If you do not agree to these Terms and Conditions, do not access or otherwise use our Services.
The term “you” or “your” as used in these Terms and Conditions refers to the individual using the Service and if you use the Service on behalf of a corporation, LLC, partnership, or other business entity, then “you” includes that business entity and any individuals associated therewith using our Service, who registers and maintains one or more user accounts with Truckstop.com.
The terms “us,” “our” and “we” as used in these Terms and Conditions refer to Truckstop.com and each of its agents and representatives.
2. CHANGES TO TERMS AND CONDITIONSWe reserve the right to modify these Terms and Conditions relating to the Services at any time, effective upon posting of an updated version of the Terms and Conditions on the Service. Truckstop.com will make reasonable efforts to notify you in advance of material changes to the Terms and Conditions but you are responsible for regularly reviewing the Terms and Conditions. Continued use of the Services after any changes shall constitute your consent to such changes.
3. CHANGES TO SERVICES
We are constantly working to improve our Services. Thus, we may change, suspend or discontinue any aspect of our 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 Services at any time without notice or liability to you.
Truckstop.com 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.com. 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. 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.
Changes to remove a service or product on an account will take effect on the last day of the billing period in which the request is made. No portion of a payment will be refunded or prorated at the time a change request is made. Customers are encouraged to keep records of all communications regarding changes to their account.
4. THE SERVICES AND ACCESS
The Services constitute a technology platform that enables you and other users of Truckstop.com’s websites and mobile applications to utilize technology solutions that connect and facilitate business among people and entities involved in the transportation and logistics industry, including, but not limited to, freight-matching, load planning, automated transportation management, telematics and fleet management, route optimization, real-time rates, negotiation tools and other logistics solutions.
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. Certain Services may require you to agree to additional terms specific to the use of such Services. 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.
Each Truckstop.com 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.com Services. Truckstop may limit the number of user names 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.
For API Bundles (API Bundle – Broker Pro, API Bundle – Broker Pro CACCI, API Bundle – Combo Pro and API Bundle – Combo Pro CACCI, API Bundle – Carrier Pro) , 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 5 users to be eligible for an API bundle.
5. RIGHTS GRANTED AND APPROPRIATE USE
Subject to your compliance with these Terms and Conditions, Truckstop.com grants you a non-assignable, non-transferable, non-exclusive, revocable right to: (a) access and use the Services on your hardware solely in connection with your use of the Services; and (b) access and use any content, information or related materials that may be made available through the Services.
You may not: (a) copy (except as set forth in this Section 5 below), modify, distribute, sell, license, sublicense, assign, transmit, publish or republish, display, perform, edit, create derivative works from, transfer, lease, sell or license any part of the Services to a third party; (b) reverse engineer, dissemble, decompile or work around any technical limitations of the Services; (c) copy or retrieve data or other content provided by us to you, either manually or by use of automatic devices, for the purpose of creating or compiling, directly or indirectly, a collection, database or directory or creating products competitive to the Services; or (d) use meta tags or other hidden text utilizing our name or trademarks or use framing techniques to enclose any portion of the Services. You may not make copies of any part of the Services except as reasonably necessary for your own internal business purposes.
When you create an Account, you represent, warrant and covenant: (a) you are or represent a bona fide carrier, broker, shipper or are otherwise a business partner of Truckstop.com; (b) you will comply with all applicable laws when using the Services (e.g., any prohibitions on mobile device use while driving), and you will use the Services for lawful purposes only (e.g., no transport of unlawful materials); (c) you will not permit non-registered and unauthorized users to use your Account or the Services without express written permission from Truckstop.com; (d) your purpose in accessing and using the Services is not to directly or indirectly compete with or gain a competitive advantage in relation to us; (e) you will not use the Services and any postings made by you on the Services to advertise services for any third party entity or person; (f) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and you are not listed on any U.S. government list of prohibited or restricted parties. Load Board service agreements allow only one user per agreement. You further understand and agree that we reserve the right to restrict, in part or in full, access to the Services if we learn that you are an entity, or are affiliated with an entity, that provides a service competitive to our Services or if we believe you are attempting to create a competitive service.
By violating any of the terms outlined in this Section 5, 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 applicable law, we may, in our sole discretion, elect to assess you a penalty in the amount of $1,000.00 for each unauthorized access or use of the Services 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 Services, you expressly agree to bear the costs of that enforcement, including without limitation all related attorneys’ fees.
6. PROPRIETARY RIGHTSThe Services and rights in the Services are the property of Truckstop.com or its licensors. The Services are protected by copyrights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws. You may not remove, obscure or alter any copyright, trademark or other proprietary notices displayed on our Services. Neither these Terms and Conditions nor your use of the Services convey or grant to you any rights: (a) in or related to the Services except for the limited rights granted above; or (b) to use or reference in any manner the company names, logos, product and service names, trademarks or services marks of Truckstop.com or its licensors.
7. SUBMISSION OF CONTENT
By submitting content in connection with your access and use of the Services, you:
(a) Grant us and our licensees a 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 the content in any form and distribution channels now known or subsequently devised for any purpose (including without limitation in connection with the Services and Truckstop.com’s business and on third party sites and services), without further notice to you, and without the requirement of payment to you or any other person or entity. These Terms and Conditions remain in effect even if you stop using the Services.
(b) Represent, warrant and covenant that:
- Your content is accurate, and that our posting and use of your content will not infringe or violate the rights of any third party.
- You will not list a phone number, email address, URL or other personally identifiable information in the “Special Information” field of posts or the “Company Notes” field of your Company Profile. If any personally identifiable information is listed or posted by you, you agree to hold Truckstop.com harmless from exploitation of that information.
- You will not upload, post or transmit to or distribute or otherwise publish through our Services, any content that: (a) restricts or inhibits any other user from using or enjoying our Services; (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (c) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (d) 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; (e) constitutes defamatory or libelous statements; (f) contains a computer virus or other harmful component; (g) constitutes or contains false or misleading indications of origin or statements of fact; or (h) is inappropriate for the purpose of our Services.
We retain the right, but not the obligation, to review and remove any content submitted in connection with your access and use of the Services without notice to you.
9. FEESYou agree to pay us for the Services in accordance with the fees, charges, taxes and billing terms in effect at the time a fee or charge is due and payable. 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 unless specifically permitted otherwise by Truckstop.com.
Truckstop.com is a pay-in-advance service and you may request to cancel at any time. A request to cancel a Truckstop.com account must be made at least 5 days prior to the next invoice date or the service will continue through the next billing period. Main and Billing users may either make a cancellation request online through their account from the Billing page, by calling to speak with a Truckstop.com representative, or through the chat service. Simply canceling the credit/debit card associated with a Truckstop.com account will not cancel the account.
Cancellations 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 cancellation request is made. Customers are encouraged to keep records of all communications regarding cancellation.
Cancellation 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 cancellation request. At the time of cancellation, any outstanding amounts owed to Truckstop must be settled.
Note: If you entered into a signed contract for your services, such as an annual contract, please review your contract for additional obligations. In the event the billing terms in your signed contract conflict with these Terms and Conditions, the terms of your signed contract will govern.
11. AUTOMATIC RECURRING BILLING
We will automatically renew and charge your credit card, withdraw from your account, or issue an invoice to you (whichever form of payment you authorized at the time you set up your Account) (a) every month for monthly service agreements, (b) every quarter for quarterly service agreements, (c) each year on the subsequent anniversary for annual service agreements, or (d) monthly for annual service agreements. In the event of an early termination of an annual service agreement that is paid monthly, Truckstop will charge your credit card, or withdraw from your account for full payment for the remainder of the annual term. Renewal charges for each service agreement will be equal to the then-current service fee, unless we have mutually agreed otherwise. Fees for other services will be charged on an as-quoted basis. Unpaid fees will result in suspension of the Services. Once fees have been paid after suspension, you will be charged going forward at the then current rate for the Service(s).
For transactions with a returned payment fee Truckstop.com will impart that fee to the customer. Truckstop.com reserves the right to hold you, the customer, responsible for reasonable fees associated with collection of payment, including but not limited to collection agency fees.
12. REFUND POLICYFor our subscription-based Services, payment is made in advance for access over a certain period of time, regardless of actual usage. Subscriptions are non-cancellable for the pre-paid period of time and thus, we do not refund fees or pro-rate for partial usage.
13. ASSIGNMENTWe reserve the right to assign our rights and obligations under these Terms and Conditions to any subsidiary or affiliate, acquirer of some or all of Truckstop.com’s equity, assets or business, or a successor by merger or other operation of law. You may not assign your Account 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.
15. NETWORK ACCESS, DEVICES AND ELECTRONIC COMMUNICATIONSYou are responsible for acquiring and updating any compatible hardware, data network access, Web browser and email account necessary to access and use the Services and any updates to the Services. You agree to receive information and other materials from us primarily through our websites, mobile applications and an email address you provide to us, and you agree to notify us of changes in your electronic contact information. Any materials or information provided to you by telephone, U.S. mail, facsimile or other means does not constitute a waiver of this contract. We do not guarantee that the Services will function on any particular hardware and the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. If you access or use the Services from a wireless-enabled device, your mobile network’s rates and fees may apply.
16. NO CONFIDENTIAL OR CONTRACTUALLY IMPLIED RELATIONSHIP EXISTS WITH USYou 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 these Terms and Conditions. Notwithstanding the foregoing, we will not disclose to third parties the source or identity of the ownership of any content licensed to us under this Agreement.
17. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Truckstop.com does not function as a transportation broker or arrange for the movement of freight. All such arrangements are made by the users of the Services, and any terms and conditions of such freight movement, including without limitation any pricing or payment terms, are solely among the users of our Services. No agency, partnership, joint venture, employee–employer or franchisee–franchisor relationship is intended or created by your use of the Services or by these Terms and Conditions.
You use the Services 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 or content otherwise provided to you by us through an alternative 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: (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, creditworthiness or experience of any of the users of our Services. 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. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TRUCKSTOP.COM AND ITS SUPPLIERS FOR ANY CLAIMS UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 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.
18. 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. It is Truckstop.com’s policy to disable or terminate the Accounts of users who are repeat infringers. 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 by mail to:
Truckstop.com Attn: Legal
Re: Copyright Infringement
222 N. Plymouth Ave.
P.O. Box 99
New Plymouth, ID 83655
Please provide the following information:
(a) The identity of the infringed work and of the allegedly infringing work; (b) identification of the content you believe to be infringing in a sufficiently precise manner to allow us to locate that content; (c) your name, address, daytime phone number and email address, if available; (d) 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; (e) 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 (f) your electronic or physical signature.