Truck IT Terms of Service
Last updated: June 26, 2018
Welcome to TruckITApp.com. These Terms of Service (“Terms”) govern your access and use of Truck IT (“Truck IT”, “we”, or “our”) websites, services, and applications (collectively, the “Services”). Your access to and use of the Services is conditioned upon your acceptance of these Terms. These Terms apply to all users, account holders, visitors and others who access or use the Services. By accessing or using the Services you agree to be bound by these Terms.
If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.
Your Truck IT Account
To create or use a Truck IT account, you must be over 18 years of age. You must provide us true, accurate, current and complete information about yourself when you create your Truck IT account. If the information you provide is untrue, inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it is, we reserve the right to suspend or terminate the Services. You may only have one registered Truck IT account at any given time. If we determine that you have multiple Truck IT accounts or are otherwise not in compliance with these Terms, we may close your Truck IT accounts and delete all data in the accounts.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with Truck IT or a third-party service. You agree not to disclose your password to any third party. Truck IT cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify Truck IT immediately upon becoming aware of any breach of security or unauthorized use of your Truck IT account.
Subscriptions to Services
· Subscription Plans. You may access the Services by a free plan or a paid subscription plan (“Subscription”). A Subscription is paid for in advance of the subscription period. If you have a Subscription, your payment to Truck IT will automatically renew at the end of the subscription period, unless you cancel your Subscriptionby delivering written notification of your wish to discontinue your Subscription to firstname.lastname@example.org no less than three (3) calendar days prior to the end of your subscription period. The cancellation will take effect the day after the last day of your subscription period.
· Refunds. Upon termination of a Subscription, we will not refund any subscription fees that you have already paid to us. No cash refunds will be given for a change in a Paid Subscription.
· Price. We may change the price for the Subscriptions from time to time, and will communicate any price changes to you. Price changes will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Service after the price change takes effect, you accept the new price.
You agree not to misuse the Services. For example, you agree not to, directly or indirectly do or attempt to do any of the following:
· use the Services for any illegal or unlawful purpose;
· post or upload other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
· post or upload any Content (defined in “Use of Content” below) on the Services in violation of any applicable law (including intellectual property laws and right of privacy or publicity laws), third party right, or any contractual obligation;
· post or upload any Content (that is unlawful, harmful, threatening, harassing, derogatory, defamatory, obscene, vulgar, pornographic, profane, invasive of another's privacy, or any other material that could give rise to any civil or criminal liability under applicable law or is otherwise deemed objectionable at the sole discretion of Truck IT;
· post, upload, or download any Content that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
· impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
· send unsolicited communications, promotions or advertisements, or spam;
· harvest or collect information about users of the Services without their express consent;
· modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services;
· frame or mirror any content available through the Services;
· forge headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through the Services;
· use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Content available through the Services;
· probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
· access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
· publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;
· interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
· violate or fail to comply with any user guidelines for the Services made available to you by Truck IT from time to time.
You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Content, including copyright laws. We reserve the right to immediately suspend or terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Services.
You agree to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this license, or the use or possession of Services, or any software or other product provided under these Terms, excluding any taxes based on net income payable by Truck IT. If you are exempt from paying any sales, use or other taxes, you must provide Truck IT with appropriate evidence of tax exemption for all relevant jurisdictions.
Use of Content
Truck IT does not claim ownership of any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you post on or through the Services. Instead, you hereby grant to Truck IT a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, copy, store, modify, distribute, publish, and process the Content that you provide through the Services solely for purposes of providing or improving the Services (including vendor order fulfillment services). None of your Content will be subject to any obligation of confidentiality on the part of Truck IT, and Truck IT will not be liable for any use or disclosure of any Content you provide.
You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
While Truck IT does not and cannot review all content provided to it, and is not responsible for such content, Truck IT reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems objectionable, in violation of copyright or trademark laws or otherwise unacceptable.
Truck IT Property and Intellectual Property
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Truck IT and its licensors. The Services are protected by copyright, trademark, and other laws. TruckITApp.com, Truck IT, and the Truck IT logo and other marks are trademarks of Truck IT. No portion of the Services may be reprinted, republished, modified, or distributed in any form without the express written permission of Truck IT. Any feedback, comments, or suggestions you may provide regarding Truck IT, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Your Use of Truck IT Software
Truck IT provides certain downloadable client software applications (the “Software”) for use solely in connection with the Services. This Software is updated automatically and, if such Software is designed for use on a mobile device, then a compatible mobile device is required for use. The license being granted to you hereunder does not constitute a sale of the Software or any copy thereof, and as between Truck IT and you, Truck IT retains all right, title, and interest in the Software.
Term and Termination
These Terms will continue to apply to you until terminated by either you or Truck IT. Truck IT may terminate the Terms or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services or non-compliance with the Terms. Upon termination, any Content you have stored on the Services may no longer be retrieved. If you or Truck IT terminate the Terms, or if Truck IT suspends your access to the Services, you agree that Truck IT shall have no liability or responsibility to you and Truck IT will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
No Agency; Third Party Beneficiary
Nothing in this agreement is intended to, or should be construed, to create a partnership, agency, joint venture, or employment relationship between Truck IT and you. Nothing expressed or mentioned in or implied from these Terms are intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms.
The Services may provide links to third-party sites or provide content from third party sites that are not owned or controlled by Truck IT. These Terms do not apply to any third party websites or their practices. It is your responsibility to become familiar with each third party site's privacy and other policies and Terms, and to contact that site's webmaster or site administrator with any concerns. You agree that Truck IT is not responsible for any loss or damage in your dealings with such third party sites.
You may not export the Services directly or indirectly, and you acknowledge that the Services may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII).
You agree to indemnify, defend, and hold Truck IT and its licensees, licensors, and third party service providers (and each of their respective employees, directors, agents, affiliates and representatives) harmless from and against any and all losses, liabilities, damages, claims, costs, losses, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees)
arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Truck IT's use of your Content; or (iv) your violation of the rights of any third party.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TRUCK IT AND ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH OUR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE.
Limitations of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUCK IT, ITS SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS (AND EACH OF THEIR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR LOSS OF CONFIDENTIAL INFORMATION, OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL TRUCK IT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR TRUCK IT ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
THE SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TRUCK IT AND ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUCK IT, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS (AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. TRUCK IT, ITS SERVICE PROVIDERS, AGENTS, SUPPLIERS, AND LICENSORS (AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY TRUCK IT IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TRUCK IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
No party shall be liable for any default or delay in the performance of its obligations under these Terms if and to the extent such default or delay is caused directly or indirectly by a force majeure event. In any such event, the non-performing party shall be excused from any further performance and observance of the obligations so affected only for as long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance or observance as soon as practicable.
These Terms shall be governed by Georgia law, without regard to to its choice of law or conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Disputes and Arbitration
The terms of this section will apply to all disputes that may arise out of, are connected with, or relate to these Term or the Services, subject only to the following exceptions: (i) if Truck IT reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to Truck IT or any third party, or have misappropriated, misused, or infringed upon Truck IT’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, we may seek injunctive and other appropriate relief in any court of competent jurisdiction, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims; or (ii) any dispute may, at the option of the claiming party, be resolved in small claims court in Atlanta, Georgia, provided that all claims by all parties in the dispute (1) fall within the jurisdiction of the small claims court, and (2) were unsuccessfully resolved through the informal resolution process set forth below. In no event will the terms of this section limit Truck IT's ability to investigate complaints or reported violations of these Terms, or to take any action we deem necessary and appropriate to mitigate actions against Truck IT, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
You agree that prior to filing any claim against Truck IT, you will first contact Truck IT and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). You will allow Truck IT thirty (30) days from the date of filing your written description within which to resolve the dispute to your reasonable satisfaction.
Except as otherwise set forth in this section, if Truck IT does not resolve the dispute through good faith negotiations under this informal process, then either party may bring a formal claim, which claim shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”) in the city of Atlanta, Georgia under the AAA’s commercial arbitration rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The timeline for disputes, unless otherwise required by applicable law, must be commenced within one year after the cause of action accrues. ALL CLAIMS MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TRUCK IT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms, together with any amendments and any additional agreements you may enter into with Truck IT, constitute the entire agreement between the parties with respect to the Service, and supersede any previous agreements and understandings with respect to the subject matter of these Terms. These terms are not assignable.
Right to Amend
Truck IT may modify these Terms from time to time. If we make material changes to these Terms we will notify you by email or through a message posted on the Services. You agree that such modified Terms will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the Services after our provision of notice to you will constitute your affirmative acceptance to the modified Terms. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the Services.
The parties intend every provision of these Terms to be severable. If any part of these Terms is not enforceable, the remaining provisions shall remain valid and enforceable. In such case, the parties will in good faith modify or substitute a provision consistent with their original intent. If any remedy fails of its essential purpose, then all other provisions, including the limitations on liability and exclusion of damages, will remain fully effective.
AleterVine’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to enforce its rights at a later time.
If to Truck IT: Except as otherwise provided herein, notice shall be made by registered or certified mail, Truck IT, LLC, 8745 Creekstone Place, Gainsville, GA 30506, Attn: President and Legal Department.
If to You: Truck IT may give notice by means of a general notice on the Services, electronic mail to your email address in your Truck IT account, telephone or text message to any phone number provided in connection with your Truck IT account, or by written communication sent by first class, registered, or certified mail, to any address connected with your Truck IT account.