THESE TERMS OF SERVICE APPLY TO THE USE OF THE SERVICES (AS DEFINED BELOW). PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU USE THE SERVICES IT MEANS YOU ARE ACCEPTING THESE TERMS OF SERVICE AND AGREEING TO BE BOUND BY THEM IN THE SAME MANNER AS IF YOU SIGNED YOUR NAME ON THESE TERMS OF SERVICE.
1. General. These terms of service (referred to in this document as these “Terms”) govern your use of the following (collectively, the “Services”): (a) www.truckast.com and all other Internet websites owned or operated by TRUCKAST, INC., or any of its affiliates (referred to in this document as “Company”) on which these Terms are posted (all such sites are collectively referred to in this document as the “Site”), as well as any content, products, services, features, functions or other resources offered on any of those sites; and (b) any Company-branded application for your mobile, tablet or other device (“Truckast Application”), including any services made available through the Truckast Application. By accessing or using any of the Services, or by clicking “accept” or “agree” to these Terms: (i) you are acknowledging that you have agreed to be bound by, and comply with, these Terms; and (ii) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. References in these Terms to “you” or “your” or variations thereof shall mean individual users of the Services, and references to “we,” “our,” “us” or variations of any of these, shall mean the Company. For the avoidance of doubt, these Terms do not apply to products or services you procure from the Company under a separate written agreement governing such products or services (“Agreements”). Use of such products and/or services shall be governed by the applicable Agreement.
2.1. These Terms may be modified from time to time by us at any time in our sole discretion, and you agree that you will review these Terms periodically. Your continued use of any of the Services constitutes your acceptance of the modified version of these Terms. You can determine when these Terms were last revised by looking at date listed by the “Last Updated” legend at the top of these Terms. If, at any time, you do not to agree to these Terms (including any amendments), you must immediately all cease use of the Services.
2.2. We also reserve the right, at any time, in our sole discretion, with or without notice, to (a) change or discontinue any service, content or feature of the Services, (b) charge fees in connection with the use of the Services, (c) modify and/or waive any fees charged in connection with the Services, and/or (d) offer opportunities to some or all users of the Services. You agree that we will not be liable for any modification, suspension or discontinuance of any of the Services or of any service, content, feature or product offered through the Services. Your continued use of the Site after such changes will indicate your acceptance of such changes. If you object to any such changes, your sole recourse shall be to cease using the Services.
3. Additional Terms.
3.1. Your use of certain aspects of the Services may be governed by posted additional terms, which are hereby incorporated into these Terms by this reference. By using any such aspect, you acknowledge that you have reviewed all terms for the aspect in question and agree to be bound by them.
3.2. Your use of certain aspects of the Services may be governed by a negotiated agreement between us and your employer or a business partner. In such case, the terms of any such negotiated agreement shall govern in the event of a conflict with these Terms.
4. Registration; Communications.
4.1. While certain parts of the Services may be used without registration, other parts of the Services, or content or features of the Services, may only be used or available to registered users. If you decide to become a registered user (referred to in these terms as a “Member”), you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) maintain and update your information to keep it accurate, current, and complete. You may review, correct, change, or update your membership information by visiting the My Account section (or similar section) of the applicable Service. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership and/or access to some or all of the Services.
4.2. As part of the membership process, you will be asked to select a username and password. You may not choose a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any username in our sole discretion. Your username and password are for your personal use only, and may not be used by any other person. You agree not to transfer or resell your use of or access to the Services (including your username and password) or permit anyone else whose account or membership was suspended or terminated to use the Services through your account, username or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by visiting the My Account section (or similar section) of the applicable Service(s). You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases) that are conducted through your account.
5. Payments. You acknowledge and agree that your continued access to the Services provided through the Truckast Application and to certain other Services is subject to the payment of certain fees. If you elect to purchase access to any such Services, all fees are due immediately and are non-refundable (except as otherwise expressly provided below in these Terms). You agree to pay all value added, sales and other taxes related to the payments made by you. All payments of fees for Services shall be made in U.S. dollars. Pricing for Services is subject to change at any time. You must abide by any relevant terms and conditions or other legal agreement, whether with Company or a third party, that governs your use of a given payment processing method. Company may add or remove payment processing methods at its sole discretion and without notice to you. You agree to pay for any Services that you order and that Company or its payment processor may charge your credit card or other form of payment that you indicate for any Services ordered, along with any additional amounts (including any taxes). By submitting your credit card or other financial account information through the Services, you expressly consent to the sharing of that information with third-party payment processors and vendors who provide fraud detection services. You agree that you are solely responsible for all fees associated with purchases you make. In the event that you fail to make timely payment of Services fees: (a) Company may suspend your access to the applicable Service(s) until such payment is received; (b) at Company’s option, all sums due and payable that remain unpaid will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less; and (c) you will be liable for any attorney fees, collections agency fees and other service fees that Company incurs to collect unpaid fees. In the event that the amounts charged to your credit card differ from the confirmation Company sends to you, or you otherwise wish to question or dispute a charge on your credit card related to the Service, you agree to contact Company directly prior to disputing the charge with the credit card company or initiating a chargeback. In the event that you initiate a dispute or chargeback with your credit card company with respect to any valid charge by Company, and Company, in its sole reasonable discretion, determines that such dispute or chargeback is without merit or fraudulent, without limiting any other rights and remedies available to Company, upon written notice form Company: (i) you shall promptly refund to Company or its designee the full amount of the refund plus an additional fifty percent of the chargeback (50%) as liquidated damages to compensate Company for resulting administrative and accounting costs; (ii) you shall promptly reimburse Company or its designee for the full amount of any reasonable collection fees, attorney fees, and any other costs associated with recouping the chargeback or otherwise resolving the dispute; (iii) Company may immediately terminate your account; and (iv) Company may, to the extent permitted by applicable law, report your conduct to the credit reporting agencies. In any legal proceeding relating to a credit card dispute or chargeback, the user will bear the burden of proving that the dispute or chargeback was justified and that charges were incorrect or not authorized by the user. Company will have the right to report any user suspected of fraud to all applicable law enforcement authorities, and in no event shall Company have any liability to any user for making any such report based upon reasonable information.
7. Children. Use of the Services is not intended for children under the age of 13. Children under the age of 13 are not permitted to register for the Services or purchase subscriptions, or use any functionality for which registration or subscription is required. Company will not knowingly collect information from these children. If your child has submitted personal information and you would like to request that such information be removed, please contact us at email@example.com. Any information submitted by a child under the age of 13 onto a public forum controlled by Company will remain public until we have been notified of such publication and have had reasonable opportunity to remove that information accordingly.
8. Content of the Services and Ownership; Truckast Application License.
8.1. The Services and the contents of the Services are intended for your personal use only. The Services contain copyrighted material, including text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music, sound and other such materials (collectively, the “Services Content”). The Services are protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws, and the Services Content is protected by copyright, trademarks and other intellectual property rights. All right, title and interest (including all intellectual property rights) in and to the Services and the Services Content are owned by Company and its third party providers. Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Services or the Services Content by you shall constitute a material breach of these Terms. No license, right, or interest in any trademarks of Company or any third party is granted under these Terms.
8.2. Subject to these Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable license, in the United States, to use the Truckast Application, in object code form only, on your compatible mobile and other devices, solely to support your permitted use of the Services. Except as expressly licensed herein, all rights are reserved to Company and its licensors, and you do not acquire any rights, express or implied, in the Services or Service Content. Company reserves the right to terminate the foregoing license immediately at any time.
9. Third Party Sites.
9.2. Other sites may provide links to the Services with or without our authorization. We do not endorse any such site, and are not and shall not be responsible or liable for any links from any such site to the Services, any content, advertising, products, services or other materials available on any such sites, or any loss or damages incurred in connection with any such site. Company shall have the right, at any time and in its sole discretion, to block links to the Services through technological or other means without prior notice. If you would like our approval to link to the Services, please contact us at firstname.lastname@example.org. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link and to require termination of any such link to the Services at our discretion at any time.
9.3. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE, INCLUDING YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY SITE AND SUCH MATERIALS.
10. User Provided Content.
10.1. The Services may contain sections such as chat rooms, blogs, comment boxes, and other such forums, which allow users to post, transmit, or otherwise make available content, which may include opinions, ideas, text, pictures, audio and video content, and other such content. All such user provided content is referred to as “User Provided Content”. You hereby agree that any User Provided Content which you provide will be consistent with, and will not violate any of the restrictions in, the section below titled “Services Conduct”.
10.2. We are not responsible for User Provided Content. Without limiting the generality of the foregoing statement, we are not responsible for screening User Provided Content for materials that violate the section below titled “Services Conduct.”
10.3. By posting User Provided Content on the Services, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, irrevocable, nonexclusive, royalty free, sub-licensable, transferable right to edit and modify such content, and to distribute such User Provided Content, in its original or edited form, online, in television programs, books, articles, commentaries, or in any other medium now known or later developed, and to otherwise use and exploit such content in any matter. You also warrant that you own or otherwise control all of the rights to the User Provided Content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you hereby waive any “moral rights” in posted materials, and you warrant that such moral rights have been waived.
10.4. Finally, you agree that you are not entitled to any compensation for any User Provided Content that you may post on the Services, or for our use of that content.
11. Services Conduct.
11.1. The Services are intended to be used for lawful purposes only, and only for purposes relevant to the content available through the Services. Decisions as to whether any User Provided Content violates our standards may be made in our sole discretion, after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting User Provided Content on the Services. Without limitation, your use of the Services is conditioned on your compliance with the guidelines set forth in this section, and any failure to comply with such guidelines may result in termination of your access to the Services. Please note, these are guidelines only, and we reserve the right to remove any User Provided Content at any time and for any reason.
11.2. You may not post or transmit any material or content on or through the Services: (a) that violates or infringes in any way upon the rights of others; (b) that solicits, encourages, or promotes the use of illegal substances or activities; (c) that is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable; (d) that is protected by copyright, trademark, trade secret or any other proprietary right; (e) that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or (f) that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.
11.3. You may not post or transmit on or through the Services: (a) advertising or commercial solicitations; (b) promotional materials relating to other Web site or online services which are competitive with us and/or the Services; (c) software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component; (d) political campaign materials, chain letters, mass mailings, or spam mail; or (e) any material, non-public information about a company without the proper authorization to do so.
11.4. In connection with your use of the Services, you may not: (a) engage in, or encourage or provide instructional materials relating to, any activity on the Services that restricts or inhibits any other user from using or enjoying the Services such as “hacking,” “cracking,” “spoofing,” or defacing any portion of the Services; (b) harvest or collect information about Services visitors or Members without their express consent; (c) use the Services to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose; (d) reproduce, duplicate, copy, rent, lease, sell, resell or otherwise exploit for any unauthorized commercial purposes, any portion of, use of, or access to the Services; (e) frame or mirror any part of the Services without our prior written consent; (f) interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, or violate any requirements, procedures, policies or regulations of such networks; (g) impersonate any person or entity, including any representative of Company; (h) falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services; (i) modify, adapt, translate, create derivative works from, reverse engineer, decompile or disassemble any portion of the Services; or (j) remove any copyright, trademark or other proprietary rights notice from the Services or materials originating from the Services.
11.5. You may not use spiders, robots, data mining techniques or other automated devices or programs, or any manual process, to retrieve, index, catalog, data mine, download or otherwise reproduce, store or distribute content available on the Services. You may not take any action to interfere with, or disrupt, the Services, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions.
12. Improvements. We welcome your comments about the Services, including recommendations on how to improve the Services, and recommendations for new features or functions for any product or service offered on or through the Services (“Suggestions”). If you provide Suggestions, you agree that we are free to use or share your Suggestions, and we will not be liable to you and any third party for any use or disclosure of any Suggestion, and we will be free to use and exploit the Suggestion in any manner and use if for any purpose and in any medium, without compensation to the you.
13. Submissions. We welcome your comments about the Services. However, unless a Service has set up a specific submissions policy, we will not review or consider any unsolicited creative ideas or materials (“Submissions”). We do this to avoid disputes based on a user arguing that ideas or content developed by us and our staff are based on Submissions provided by that user. Therefore, unless we expressly solicit Submissions, please do not send us any Submissions. IF, DESPITE THIS REQUEST, YOU DO SEND US ANY SUBMISSION, YOU DO SO WITH THE UNDERSTANDING THAT IT SHALL BECOME OUR PROPERTY. Without limiting the generality of the foregoing, we will not be liable to you and any third party for any use or disclosure of any Submission, and we will be free to use, share and exploit the Submission in any manner and use if for any purpose and in any medium, without compensation to the you.
14. Disclaimers and Liability Limitations.
14.1. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ON BEHALF OF COMPANY AND ITS AFFILIATES AND SUPPLIERS, WE MAKE NO PROMISE, GUARANTY OR WARRANTY (a) THAT THE SERVICES BE ERROR FREE OR OPERATE IN AN UNINTERRUPTED MANNER, (b) THAT THE SERVICES WILL BE FREE FROM VIRUSES OF OTHER HARMFUL CODE, (c) THAT THE SERVICES WILL BE FREE OF DEFECTS OR THAT WE WILL CORRECT ANY DEFECTS IN THE SERVICES, (d) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY RESULTS YOU OBTAIN USING THE SERVICES WILL BE ACCURATE, CORRECT OR RELIABLE, (e) THAT ANY CONTENT PROVIDED ON THE SERVICES IS ACCURATE, CORRECT OR RELIABLE, (f) WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SERVICES, OR (g) WITH RESPECT TO ANY TRANSACTION BETWEEN USERS OF THE SERVICES AND ANY THIRD PARTY SITES OR THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
14.2. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS OR REVENUES, DAMAGES RESULTING FROM LOSS OF INFORMATION OR DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, OUR AFFILIATES, LICENSORS OR SUPPLIERS TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
14.3. APPLICABLE LAW MAY NOT ALLOW CERTAIN DISCLAIMERS, OR CERTAIN LIMITATION OR EXCLUSION OF DAMAGES, SO ANY DISCLAIMERS, LIMITATIONS AND/OR EXCLUSIONS SET FORTH IN THESE TERMS WILL ONLY APPLY TO YOU TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW.
14.4. REFERENCES IN THIS SECTION TO SERVICES SHALL INCLUDE ALL OR ANY PORTION OF THE SERVICES, INCLUDING ANY SERVICES, PRODUCTS, CONTENT, FEATURES OR OTHER RESOURCES PROVIDED ON, THROUGH OR IN CONNECTION WITH THE SERVICES.
14.5. Without limiting the generality of the above disclaimers, the information contained in or made available through the Services (including but not limited to information contained on message boards, in text files or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. You should not rely on the Services for any such matters, and instead, should consult an appropriate professional, whether it be a physician, financial adviser, lawyer or otherwise.
15. Release. Third parties, including without limitation any producers of concrete and/or other construction materials, are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, losses, delays and costs (“Claims”) suffered by you as a result of your interaction with such third parties or from any product or service of any such third parties. NEITHER COMPANY NOR ITS AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU FOR ANY CLAIMS, AND YOU HEREBY RELEASE COMPANY AND ITS AFFILIATES, LICENSORS OR SUPPLIERS FROM ANY AND ALL SUCH CLAIMS. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Company and its affiliates, licensors and/or suppliers pertaining to the subject matter of this Section
16. Indemnity. You agree to defend, indemnify and hold Company (and its licensors, affiliates, suppliers and business partners, and its and their officers, directors, employees and agents) harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’s fees) arising from: (a) any breach by you of any of these Terms; (b) any User Provided Content you provide or any Submission by you; (c) your use of the Services (or any content, features, functions, services, products or other such resources provided through the Services); or (d) your fraud, willful misconduct, negligence, gross negligence or violation of any law.
17. Confidentiality. You shall maintain in strict confidence, and shall not disclose to any third party, any Confidential Information (as defined below) you have obtained or shall obtain from Company. “Confidential Information” means any non-public business, financial or technology information disclosed by Company to you, including without limitation the Services and all Service Content (including any look and feel). Confidential Information shall not include information that you can demonstrate: (a) is or becomes a part of the public domain through no act or omission on your part; (b) was in your lawful possession prior to the disclosure and had not been obtained by you either directly or indirectly from Company; (c) is lawfully disclosed to you by a third party without restriction on disclosure; or (d) is independently developed by you without reference to the Confidential Information. You shall use the same degree of care to protect the Confidential Information that you use to protect your own Confidential Information, but in no event less than a reasonable degree of care. You shall use the Confidential Information solely for the purposes described in these Terms. The restrictions in this Section will not apply to any Confidential Information that you are required to disclose by law or judicial order, provided that you provide prior written notice of such required disclosure to Company as soon as practicable in order to afford Company an opportunity to seek a protective order, or, if such order cannot be obtained, an opportunity to make disclosure in a manner least likely to result in liability.
18. Termination. Company, in its sole discretion, may suspend or terminate your ability to use all or any element of the Services or may terminate these Terms, as they apply to you, effective immediately, without notice or explanation. Without limiting the foregoing, Company may suspend or terminate your access to the Services if we believe you to be in violation of any part of these Terms, or if we receive excessive chargebacks on the debit or credit card associated with your account. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an account. You agree that we shall not be liable to you for any termination of these Terms or for any effects of any termination of these Terms. You are always free to discontinue your use of the Services at any time. You understand that any termination of your account may involve deletion of any content stored in your account for which we will have no liability whatsoever. Upon any termination of these Terms for any reason: (a) all licenses granted hereunder shall immediately terminate and you shall immediately cease all use of the Services; (b) you shall pay to Company all Services fees that are accrued and payable as of the date of such expiration or termination; and (c) you shall promptly delete and destroy any Service Content, the Truckast Application and other Confidential Information of Company in your possession or under your control. Termination of these Terms or any license hereunder by Company shall not limit either party from pursuing any other remedies available to it, including injunctive relief. Any provisions hereof that, by their nature should survive, will survive any termination of these Terms.
20. Government End Users. The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (or any successor provisions), all U.S. Government end users acquire any Truckast Application or other Services with only those rights set forth therein.
21. Export Control. You may not use, export, or re-export any Truckast Application or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
22. Jurisdictional Issues. We control and operate the Services from our offices in the United States. We do not represent that materials on the Services are appropriate or available for use in other locations. Persons who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
23. Notice. Company may send notices to you via either email or regular mail. The Service may also provide notices of changes to the Services or to these Terms or other matters by displaying to you notices or links to notices on the Service. Any such mailings, email messages, displays or postings shall constitute sufficient written notice to you and such notice will be deemed given upon initial transmission. You agree that all agreements, notices, disclosures and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing. All notices to Company must be sent in writing by first class mail or overnight courier to: Atten: Legal Notices, Truckast, Inc., 9355 Wilshire Blvd., 4th Floor, Beverly Hills, CA 90210.
24. Miscellaneous. These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of law. In the event of any dispute, claim or controversy arising out of or relating to the Services or these Terms, the parties will attempt in good faith to resolve through negotiation any such dispute, claim, controversy. Either party may initiate negotiations by providing written notice in letter form to the other party setting forth the subject of the dispute and the relief requested. If the dispute cannot be resolved in thirty (30) days, then any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Los Angeles, California; provided, however, that we will have the right immediately to apply to any court of competent jurisdiction for injunctive or equitable relief, without any need to pursue dispute resolution or arbitration, in the event of any breach of its confidentiality, site security or intellectual property rights. Regardless of any statute or law to the contrary, any dispute or claim arising out of or related to use of the Services provided by Company or otherwise arising out of or related to the provisions and conditions of these Terms, must be asserted within one (1) year after such claim or cause of action first arose or became known, whichever is later, or shall be forever barred. If any arbitration or other action at law or in equity is necessary to enforce the terms of these Terms, the prevailing party shall be entitled to reimbursement from the other party for its expenses and reasonable attorneys’ fees associated with the action, in addition to any other relief to which such prevailing party may be entitled. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions and will not affect the validity and enforceability of the remaining provisions. Except as otherwise provided in Section 3.2, these Terms and any special terms posted in the Services constitute the entire agreement between you and us relating to the subject matter hereof. Except as otherwise expressly authorized in these Terms, these Terms may only be amended by a written agreement signed by you and us. Any waiver of any provision of these Terms, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by us. Any assignment in violation of the prior sentence is void. The section titles in these Terms are for convenience only and have no legal or contractual effect.
25. Copyright Infringement Claims. As discussed above, the Services contain User Provided Content and content that we receive from third parties. It is our policy not to include any content on the Services that infringes upon the copyrights of third parties. If you believe any materials on the Services infringe a copyright, you should provide us with written notice that at a minimum contains: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All such information should be sent to our copyright infringement agent at the following address:
9355 Wilshire Blvd.
Beverly Hills, CA 90210
26. Special Provisions Applicable to the Apple App Store.
26.1. This Section is only applicable with respect to the Truckast Application downloaded from the Apple Inc. (“Apple”) App Store.
26.2. These Terms are between the you and Company only, and not with Apple. Company is solely responsible for the Truckast Application.
26.3. Your use of the Truckast Application must comply with the Usage Rules set forth in the Apple App Store Terms of Service. The license granted to you for use of the Truckast Application on mobile devices is limited to use on any iPhone, iPad or other Apple-branded devices running iOS that you own or control.
26.4. Company is solely responsible for providing, and Apple has no obligation to provide, maintenance and support for the Truckast Application. Support requests, as well as questions, complaints or claims regarding the Truckast Application, may be directed to Company’s support team, which you may contact by (a) submitting an email to email@example.com or (b) calling customer support at 949-424-8880 between the hours of 4:00 AM to 5:00 PM (U.S. Pacific Time).
26.5. In the event of any failure of the Truckast Application to comply with the warranty in these Terms, the you may notify Apple, and Apple will refund to you the purchase price, if any, that you paid to the App Store for the Truckast Application (“App Store Purchase Price”). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Truckast Application, and will not be liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Company shall not be required to refund to you the App Store Purchase Price under any circumstances.
26.6 Apple shall not be responsible for addressing any claims by you or any third party relating to the Truckast Application or the your possession and/or use of the Truckast Application, including but not limited to (a) product liability claims, (b) any claim that the Truckast Application fails to conform to any applicable legal or regulatory requirement, or (c) claims arising under consumer protection or similar legislation.
26.7 Apple shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Truckast Application, or your possession and use of the Truckast Application, infringes a third party’s intellectual property rights.
26.8 You represent and warrant that (a) the Truckast Application will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist-supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
26.9. Apple and its subsidiaries are third-party beneficiaries of these Terms, and have the right (and shall be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
27.Special Provisions Applicable to Google Play. Your download and use of the Truckast Application downloaded from Google Play, which is owned and operated by Google Inc. (“Google”), is additionally subject to the terms and conditions and policies of Google Play. Such Google Play terms, conditions and policies are between you and Google only, and not with Company.