Terms And Conditions
Please study these Terms and Conditions attentively before utilizing this website. By accessing and utilizing this website, you consent to be bound by these Terms and Conditions. Please review this page frequently; your continued use of this Site will constitute your acceptance of any revisions to the Terms and Conditions.
Trucking21 may use web browser tracking tools to track website guest statistics. This data is used only by Trucking21.LLC and its subsidiaries. Guest statistics are gathered at a total level, and no individually identifiable information is obtained or preserved as a result of these activities.
USE OF CONTENT
The text, pictures, information, illustrations, data, audio and video clips, charts, documents, and other materials and Content (collectively, the "Content") on the Site is our assets and may be protected by copyright and other restrictions. Parties other than we may also own copyrights and other proprietary rights in the Content. You may not replicate, change, share or otherwise use any of the Content, except for your private and non-commercial use. Please note that we may remove any Content from the Site at any point in our discretion.
You acknowledge that any data you present through the Site will be accurate, correct, and complete. All information that you give to us within the Site shall be considered and remain our property, and we may utilize, for any reason, any ideas, thoughts, know-how or procedures contained in such information. We have no responsibilities regarding such information or unless expressly agreed to in a separate document or demanded by law. You accept and agree that you will not present any data or material to us or the Site that is libelous, dangerous, offensive, despoiling, or otherwise unlawful, or that involves the proprietary material of another personality or entity.
If to access particular sections of the Site, you may generate a user account and log in (a "User Account"). You may nevermore use another party's User Account without such party's express written authorization. You are entirely accountable for all activity that happens concerning your User Account. You are solely responsible for sustaining the confidentiality of your User Account and maintaining the username and password to your User Account protected. You accept to inform us promptly of any security violation or illegal use of your User Account. We will not be liable for any costs, losses, claims, or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account. You declare to us that: (i) you are 18 years of age; (ii) you assume full duty for the use of this Site by any children; (iii) you acknowledge that all data you have presented to us is correct and complete; (iv) you have not intentionally submitted inaccurate information on or via the Site; and (v) your use of our services is subjected to all relevant federal, state, and local laws and regulations.
PRODUCTS AND SERVICES
The information included on Trucking21.com websites is proposed as overall information and does not constitute total descriptions of all terms, prohibitions, and conditions suitable to the goods and services offered by Trucking21. Insurance coverage given by Trucking21.com is restricted to actual procedures issued and is subjected to the terms and conditions declared in the policies. Product availability differs by country and the individual circumstances of each aspirant. The online completion of a Trucking21 Survey produces no direct or implied obligation on the part of Trucking21 to give a quote or provide insurance as requested.
All information presented by Trucking21 through its websites or e-mail communications is controlled by or licensed to Trucking21.com Trucking21.com and its licensors hold all proprietary licenses to Trucking21.com information. All illegal use of published data is stringently prohibited without prior written consent from the relevant Trucking21.LLC Company. You may, however, duplicate or print without remodeling documents issued on our sites or dispatched via e-mail for non-commercial use within your company provided that all copyright and all other proprietary notices appear in all copies in the same manner as the original.
All trade names, trademarks, service marks, images and logos on materials, including electronic facsimiles, published by Trucking21 are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any unauthorized use of Trucking21 owned marks or graphics is strictly prohibited. Further, any goods, method, or technology included in personal documents on our websites may be the subject of other intellectual resources rights owned by Trucking21.No part of this Site or any intellectual resources of Trucking21 may be used on any other website, in the authorization code of any other website or any other written or computerized materials, except as expressly allowed herein. Linking from another site to any page in this
website is rigidly prohibited without any prior formulated permission. Trucking21 implies no duty for any material outside of Trucking21 owned websites that are reached by any hypertext or another computer link through any of our websites. Any attempt or action by you, directly or indirectly, to interrupt, destroy, or impede with, alter or change any Trucking21-owned site, e-mail server or private information is strictly prohibited.
COMMERCIAL USE IS RESTRICTED
Unauthorized commercial printing or exploitation of text, pictures, papers, materials, or any other Content is forbidden. If you wish to utilize any of the Content for commercial use, disclosure, or any plan other than personal use, you must get our written approval before such use. We may, in our sole choice, grant consent for such use on a case-by-case basis and we may impose a usage fee for such use. You may not alter or strive to change any material on the Site. You also may not, without our consent, "mirror" any material contained on this Site or any other server. Any illegal use of any content included on this Site may infringe copyright laws, trademark laws, rules of privacy and publicity, and other such relevant laws and regulations.
DISCLOSURE TO THIRD PARTIES
You comprehend and acknowledge that, if you demand a product or service offered through us, we will share your data from time to time with certain subsidiaries and business partners to process and meet your demand. You further agree that our members and business associates may talk to you by telephone, e-mail or through mail based on the data you have given to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an organic company. You recognize that our affiliates and business partners may keep the information you presented to us whether you select to use their services or not. In the event you no longer wish to accept messages from any of our affiliates or business partners, you agree to inform such person immediately. By giving your consent during the account enrollment process, you expressly agree to accept materials from us, our associates and our business associates or other organizations via various communications channels, which comprise, but is not restricted to, e-mail and SMS messaging (standard carrier text messaging charges will apply).
LIMITATION OF LIABILITY
Neither Trucking21LLC nor
its computerized payment service merchant is responsible for any damage, loss, demand or damage, nor any indirect, unusual, incidental or significant damages of any sort, whether based in contract, tort, stringent liability, or otherwise, which arises out of (1) the use of, or the inability to use, Trucking21 sites or the information got on Trucking21 sites; (2) use of, or the failure to use, any site to which you hyperlink from our sites; (3) failure of performance; (4) error, omission, delay, defect or delay in operation or transmission; (5) computer viruses; (6) line failure or (7) transactions effected with a lost, stolen, counterfeit or misused log-in ID, password or account data. Trucking21 is not liable for any economic, significant or incidental damages, damages logically expected to result from a loss or injury or other miscellaneous costs and expenses arising immediately from a loss or injury. In addition,
Trucking21 is not liable even if we have been careless or if we have been advised of the event of damages. Some states do not allow the exclusion of liability for certain damages, so the above exclusions may not apply to you in their total. Our commitment to you for all losses of any kind, regardless of the legal theory for the claim, is limited, in any event, to the amount you have paid to access our sites.
You agree to indemnify and hold Trucking21 harmless from and against any and all liability, loss, claims, damages, costs and actions including reasonable attorney fees based upon or arising out of any breach by you of your obligations under these Terms and Conditions. Trucking21 reserves the right to defend any such claim, and you agree to provide such reasonable cooperation and information as Trucking21 may request.
DISCLAIMER OF WARRANTYThe Content and materials on Trucking21 websites are provided "as is." Trucking21 expressly disclaims all warranties, express or implied, with respect to Trucking21 sites and the material contained therein. This includes, but is not limited to, warranties that the material is of any particular level of quality or is fit for a particular purpose; that the functions or operations of this Site will be uninterrupted or error-free; that defects will be corrected; that our websites, e-mail sent from Trucking21 or the servers that make them available are free of viruses or other harmful components or conditions; or that the information contained in the sites is accurate as of any
particular date. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Neither party shall be liable to the other for any delay or failure in performing its obligations under the contract to the extent that such delay or failure is caused by an event or circumstance that is beyond the reasonable control of that party, and which by its nature could not have been foreseen by such party or, if it could have been foreseen, was unavoidable, provided that the Supplier shall use all reasonable endeavours to cure any such events or circumstances and resume performance under the contract. If any events or circumstances prevent the Supplier from carrying out its obligations under the contract for a continuous period of more than 30 Business Days, the Customer may terminate this contract immediately by giving written notice to the Supplier.
Names, titles, trademarks, service marks, and logos (collectively, the "Trademarks") displayed on the Site are our registered and/or unregistered common law trademarks or those of third parties. Nothing contained in the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our express written permission or that of the appropriate third party that owns the Trademark. Except as permitted by these Terms and Conditions, any unauthorized use of the Trademarks is prohibited.
DIGITAL MILLENNIUM COPYRIGHT AGENT
For purposes of the Digital Millennium Copyright Act ("DMCA"), we have designated an agent for notices of claimed infringement. If you have any objections governed by the DMCA, please contact the agent listed under the Section entitled "Contact Information" below. We provide this contact information for purposes of the DMCA only and reserve the right to respond to communication that is relevant for this purpose.
FTC DISCLOSURE POLICY
The Federal Trade Commission requires us to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made on the Site. We receive compensation for certain activities with respect to the Site in connection with providing information on certain products, services, websites and various other topics.
LINKS TO THIRD PARTY WEBSITES
The Site may contain links to third party websites. The linked sites are not under our control and we are not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website.
LINKS TO THE SITE
If you arrive at the Site from a third party link or as a result of any of the prohibited solicitations described in this paragraph below, please note that such link to or solicitation for the Site does not imply a relationship with, or endorsement of, the third party website or its Content, purpose, policies or practices. You will not engage in solicitation activities on our behalf that refer potential customers to us, including, but not limited to distributing flyers, coupons, and other printed promotional materials, or electronic equivalents; verbal solicitation (e.g., in-person referrals); initiating telephone calls, and sending e-mails.
NON-MALICIOUS USEYou agree not to use or launch any automated system, including, without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Site's servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the preceding, we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content. You may not use the Site in any manner that could disable,
overburden or impair any of Trucking21's servers, or interfere with any other person's use and enjoyment of the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. Your rights to use this Site may be further limited by international law, federal law or the laws or regulations in your particular county, state or locality. Trucking21 may, in its sole discretion, and at any time, modify or discontinue the Site, or limit, terminate or suspend your use of the Site, although Trucking21's is under no obligation to do so.
SEVERANCE AND WAIVER
You acknowledge and agree that in the event any provision of these Terms and Conditions is held by a court to be invalid, unlawful, or unenforceable, the validity, legality, and/or enforceability of the remaining provisions contained in these Terms and Conditions will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision by us.
Use of this Site shall be governed by and construed in accordance with the laws of United States without giving effect to any principles of the conflicts of laws. Any dispute concerning this Site shall be subject to the exclusive venue of a court of competent jurisdiction in USA.
Should any provision of these Terms and Conditions be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions
You agree that these Terms and Conditions constitute the entire agreement between you and us with respect to your use of the Site. You agree that these Terms and Conditions supersede any other agreements between you and us with respect to your use of the Site.
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