Terms & Conditions
Last modified: September 29, 2016
- 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 subsidiaries and affiliates (collectively, “Truckstop.com”), but excludes any websites, mobile applications, content, products and services that indicate they are subject to separate terms and conditions. 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 EACH OF THEM AND AGREE TO BE BOUND BY ALL OF THEM. If you do not agree to these Terms and Conditions, do not access or otherwise use our Services.
The term “you” as used in these Terms and Conditions refers to the individual who registers and maintains one or more user accounts with Truckstop.com or who accesses and uses the Services.
The terms “us,” “our” and “we” as used in these Terms and Conditions refer to Truckstop.com and each of its agents and representatives.
- CHANGES TO TERMS AND CONDITIONS
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of changes to these Terms and Conditions will be posted at this location or on the applicable Services. Your continued use of the Services after such changes are posted will constitute your agreement to such changed Terms and Conditions. If you do not agree to the modified Terms and Conditions, you should discontinue your use of the Services. Please check the Terms and Conditions periodically for changes.
- 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 without notice or liability to you.
- 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, among other things 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.
- LICENSE AND APPROPRIATE USE
Subject to your compliance with these Terms and Conditions, Truckstop.com grants you a non-assignable, non-exclusive, revocable license 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; (b) reverse engineer or attempt to extract the source code 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 will not make copies of any part of the Services except as reasonably necessary for your use of the Services.
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 users to use your Account or the Services without our express written permission; (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. 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 are a competing factoring service.
By violating any of these warranties and obligations, you risk having your Account terminated by us without warning and, in addition to being subject to any other legal remedies that may be available under these Terms and Conditions, or that may be available under 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.
- PROPRIETARY RIGHTS
The 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 license 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.
- SUBMISSION OF CONTENT
By submitting content in connection with your access and use of the Services, you:
(a) Grant us and our licensees the 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. This license continues even if you stop using the Services.
(b) Represent, warrant and covenant that:
(i) Your content is accurate, and that our posting and use of your content will not infringe or violate the rights of any third party.
(ii) You will not list your phone number, email address or other personally identifiable information in the “Special Information” field of posts.
(iii) 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.
By registering with us, you agree to pay us all subscription, service and use fees, if any, that we charge as disclosed on our Services or otherwise by us. According to the nature of some of our Services, fees may be required in advance of use. All fees must be paid in U.S. dollars unless specifically permitted otherwise by Truckstop.com.
- REFUND POLICY
For our subscription based Services, payment is made for access over a certain period of time, regardless of actual usage. It is non-cancellable for such period of time. Thus, we do not refund fees or pro-rate for partial usage.
We 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 are not entitled to 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.
- THIRD PARTY SERVICES AND CONTENT
- NETWORK ACCESS, DEVICES AND ELECTRONIC COMMUNICATIONS
You 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.
- NO CONFIDENTIAL OR CONTRACTUALLY IMPLIED RELATIONSHIP EXISTS WITH US
You acknowledge that by registering with us, submitting information to us for posting or any other purposes 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.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Truckstop.com does not function as a transportation carrier 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 with regard 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.
- 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:
Attn: Neil Gull
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.
- USER’S INDEMNIFICATION
You and the business entity you represent agree to defend, indemnify and hold us and our employees, contractors, officers and managers harmless from all liabilities, claims and expenses, including without limitation attorneys’ fees, that arise out of or result from: (a) your use or misuse of the Services or any other materials or information provided by us to you (whether such material or information originates from us or from a third party, including without limitation other users of the Services); (b) your breach of these Terms and Conditions; (c) our use of any content submitted by you in connection with the Services; or (d) your violation of any law or the rights of a third party.
- GOVERNING LAW
These Terms and Conditions shall be governed by and construed under the laws of the State of Idaho without regard to that state’s conflicts of law rules. By accessing and using the Services, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your access or use of the Services is the state or federal courts located in Ada County, Idaho and that all claims or actions will be brought in those courts. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
- SEVERABILITY AND INTEGRATION
- OUR RIGHT TO TERMINATE YOUR ACCOUNT
We reserve the right to terminate your Account and access to all or part of the Services, in our sole discretion, without notice to you, at any time and for any reason, including without limitation a breach of these Terms and Conditions or unauthorized use of your Account information or password or the Services.
Please submit feedback or suggestions about our Services to firstname.lastname@example.org. We may use your feedback or suggestions without notice or obligation to you.