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TheTruckersWebsite.com, Inc. Terms of Use and Site User Agreement This agreement (“Agreement”) is a legal contract between you and TheTruckersWebsite.com, Inc. that governs your use of the TheTruckersWebsite.com, Inc. online shipping venue service (“TheTruckersWebsite.com, Inc.”). NOTICE TheTruckersWebsite.com, Inc. may from time to time modify these terms, and will post a copy of the amended Agreement here. You agree that TheTruckersWebsite.com, Inc. may make such changes to this Agreement in its sole and independent discretion, and that you will abide by and be bound by the amended Agreement. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using TheTruckersWebsite.com, Inc.. You will be deemed to have accepted the Agreement as amended if you continue to use TheTruckersWebsite.com, Inc. after any amendments are posted. You have the duty to monitor the TheTruckersWebsite.com, Inc. website for changes to the Agreement. TheTruckersWebsite.com, Inc. has no duty to notify you of any changes other than posting the amended Agreement at the above web address. VENUE TheTruckersWebsite.com, Inc. is a venue allowing any registered user, shipper or trucker, to exchange information to facilitate the transportation of goods. TheTruckersWebsite.com, Inc. is not involved in the actual transaction between the shipper and the trucker. As a result, TheTruckersWebsite.com, Inc has not control over the truth or accuracy of any of the information provided by any registered user. TheTruckersWebsite.com cannot guarantee that a shipper and trucker will actually complete any transaction, that any load will be available for pick-up, or that any load will be ultimately delivered. You agree to release, indemnify, and hold harmless TheTruckersWebsite.com, Inc., its officers, employees, and agents from all claims, demands, and damages, actual and consequential, connected with any dispute arising out of, as a direct cause of, or related to any agreement, contract, or interaction between you and any other registered user or third party. REGISTRATION To use the TheTruckersWebsite.com, Inc. service, you must register and provide certain information, including a member (user name) a password, a valid email address, and a valid street address (“Registration Data”). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. TheTruckersWebsite.com, Inc. will use your registration data in accordance with its privacy policy, which can be reviewed here. You agree that you will not allow others to use your member name, password, and/or account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify TheTruckersWebsite.com, Inc. immediately of any unauthorized use of your password and/or account. TheTruckersWebsite.com, Inc. shall not be responsible for any losses arising out of the unauthorized use of your member name, password, and/or account and you indemnify and hold harmless TheTruckersWebsite.com, Inc., its partners, agents, affiliates licensees, assigns, and heirs for any improper, unauthorized, or illegal uses of the same. REQUIREMENTS FOR SHIPPERS In order to be a registered user of the TheTruckersWebsite.com, Inc. service as a “Shipper” you must, in addition to providing the above Registration Data, provide TheTruckersWebsite.com, Inc. with the following information: {Any information deemed necessary to determine the bona fides of the shipper including at least the contact information for the registered agent of the company.} REQUIREMENTS FOR TRUCKERS In order to be a registered user of the TheTruckersWebsite.com, Inc. service as a “Trucker” you must, in addition to providing the above Registration Data, provide TheTruckersWebsite.com, Inc with the following information: {Any information deemed necessary to determine the bona fides of the trucker including at least the licensing and insurance information}. TheTruckersWebsite.com, Inc. will provide, whenever possible and upon the affirmative request of the Trucker, a method of transmitting the licensing and insurance information of a Trucker to a Shipper to help facilitate consignment of a load by the Shipper to the Trucker. The Trucker will indemnify and hold harmless TheTruckersWebsite.com, Inc., its partners, agents, affiliates licensees, assigns, and heirs for any failure to transmit such data. CHARGES / BILLING By completing the registration form, you authorize TheTruckersWebsite.com, Inc. to charge the recurring subscription fee to your designated credit card. Monthly subscribers are billed on a 30-day cycle which begins upon registration and ends thirty days thereafter (each a “subscription month”. If you have signed up for an annual or other subscription plan, you are billed one time at the beginning of each applicable billing period. You may be required to provide a credit card number to register for a free trial offer. In that event you agree that TheTruckersWebsite.com, Inc. may obtain an authorization for the fee amount that you will be charged if you complete the free trail and continue a subscription. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges however, and TheTruckersWebsite.com, Inc. will not be responsible for any results, such as an overdraft fee, that may occur to your account because of them. All subscription fees are subject to change on a prospective basis upon notice from TheTruckersWebsite.com, Inc. If you do not accept the new fees, you should terminate your subscription immediately. You can cancel your subscription by delivering notice to TheTruckersWebsite.com, Inc. at BBB@ccc.com and stating your want to cancel your subscription. TheTruckersWebsite.com, Inc. will not refund any remaining portion of your subscription fee. Cancellation will take effect at the end of the billing period during which you deliver notice to TheTruckersWebsite.com, Inc. PRIVACY For additional information regarding TheTruckersWebsite.com, Inc.’s use of information collected in connection with TheTruckersWebsite.com, Inc., please refer to TheTruckersWebsite.com Inc.’s Privacy Policy which is available here, and which is expressly made part of this Agreement. NO AGENCY You and TheTruckersWebsite.com, Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. PROMOTIONS AND ADVERTISING TheTruckersWebsite.com, Inc. and/or its business partners may present advertisements or promotional materials on or through the TheTruckersWebsite.com, Inc.. Your participation in any promotional event is subject to the terms and conditions associated with the event. Your dealings with, or participation in promotions of, any third-party advertisers on or through TheTruckersWebsite.com, Inc. are solely between you and such third party. You agree that TheTruckersWebsite.com, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the results of any such dealings or as the result of the presence of such third parties on TheTruckersWebsite.com, Inc.. Additionally, you agree that TheTruckersWebsite.com, Inc. may end you email, that you have elected to participate in our email program, that TheTruckersWebsite.com, Inc. may forward email messages to you and that you further elect to receive electronic messages without limitation from TheTruckersWebsite.com, Inc. or its business partners or associates. LINKS TO THIRD PARTY SITES TheTruckersWebsite.com, Inc. may present links to third-party websites not owner or operated by TheTruckersWebsite.com, Inc. TheTruckersWebsite.com, Inc. is not responsible for the availability of these sites or their contents. You agree that TheTruckersWebsite.com, Inc. is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. MODIFICATION TO TheTruckersWebsite.com, INC. TheTruckersWebsite.com, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, TheTruckersWebsite.com, Inc. (or any part thereof) with or without notice to you, without any liability to you or any third party. NO REVERSE ENGINEERING You may NOT copy, decompile, reverse engineer, disassemble, modify, or create derivative works of TheTruckersWebsite.com, Inc. or any part thereof. NO REPUBLICATION OR REUSE You agree that you will not compile, reproduce, republish, resell, link, or deep-link for any commercial purposes any of the information on the TheTruckersWebsite.com, Inc. website and not use any device software or routine that may interfere with the operation of the site or trespass on the sight. RIGHT TO TERMINATE SERVICE You agree that TheTruckersWebsite.com, Inc. has the right to terminate any user’s registration or any user’s access to TheTruckersWebsite.com, Inc. or any time in their sole and independent discretion and judgment. You also warrant and represent that any and all information submitted to TheTruckersWebsite.com, Inc. by you shall be accurate; that you are authorized to submit such information, and that the content, format, and delivery method is appropriate. You further agree that TheTruckersWebsite.com, Inc. its business partners, heirs, and assigns are licensed to use the information in any many deemed reasonable in their sole and independent judgment. TheTruckersWebsite.com, Inc. reserves the absolute right to review, reject, or modify any information submitted in our sole and independent judgment. You understand and agree that your cancellation of your account and TheTruckersWebsite.com, Inc. membership is your sole right and remedy with respect to any dispute with TheTruckersWebsite.com, Inc. REMEDIES You agree that any unauthorized use of TheTruckersWebsite.com, Inc. or any related software or materials would result in irreparable injury to TheTruckersWebsite.com, Inc. and or its affiliates or licensors for which money damages would be inadequate, and in such event TheTruckersWebsite.com, Inc. its affiliates and/or licensors, as applicable shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing container in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that TheTruckersWebsite.com, Inc., its affiliates or licensors may have under separate legal authority. INDEMNIFICATION You agree to indemnify and hold harmless TheTruckersWebsite.com, Inc. its officers, agents, employees, representatives, licensors, affiliates, parents, and subsidiaries from and against any and all claims, losses, damages, causes of action, and judgments (including attorneys’ fees and court costs) arising from or concerning your breach of the Agreement and your use of TheTruckersWebsite.com, Inc. and to reimburse them on demand for losses costs, or expenses they incur as a result thereof. DISCLAIMERS You understand and agree that your use of TheTruckersWebsite.com, Inc. is at your own risk. TheTruckersWebsite.com, INC., THE ASSOCIATED INFORMATION AND MATERIALS ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY BY TheTruckersWebsite.com, INC. OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS, AND OR /SUPPLIERS (THE TheTruckersWebsite.com, INC. ENTITIES), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE TheTruckersWebsite.com, INC. ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGMENT. THE TheTruckersWebsite.com, INC. ENTITIES DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR RESULTS OF THE USE OF THE PRODUCTS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLS ANY TheTruckersWebsite.com, INC. ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE OR USING THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEIVE YOU USE TO ACCESS THE SAME. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE TheTruckersWebsite.com, INC. ENTITIES. UNDER NO CIRCUMSTANCE SHALL ANY TheTruckersWebsite.com, INC. ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL ANY TheTruckersWebsite.com, INC. ENTITY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR THE LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF THE TheTruckersWebsite.com, INC. ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITIED BY APPLICABLE LAW, THEN INSTEAD OF THE PROVISIONS HEREIN IN SUCH PARTICUALR CIRCUMSTANCE, THE TheTruckersWebsite.com, INC. ENTITIES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITIES AVAILABLE AT LAW AND IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCES, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US$10. GENERAL PROVISIONS 1) Merger This Agreement represents the entire understanding of the parties with respect to its subject matter and supersedes all previous writings, correspondence and memoranda with respect thereto, and no representations, warranties, agreements or covenants, express or implied, of any kind or character whatsoever with respect to such subject matter have been made by either party to the other, except as expressly set forth in this Agreement. 2) Severability In the event that any one or more of the provisions of this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby 3) Choice of Law Whereas TheTruckersWebsite.com, Inc. is a South Dakota Corporation, and TheTruckersWebsite.com, Inc. has its principle business office located at 819 4th Avenue NW, Watertown, SD 57201-2223, and the TheTruckersWebsite.com, Inc. website is hosted in South Dakota this Agreement is governed by, and to be construed in accordance with the laws of the State of South Dakota, without regard to the state’s conflict of laws provisions. 4) Choice of Forum Whereas TheTruckersWebsite.com, Inc. is a South Dakota Corporation, and TheTruckersWebsite.com, Inc. has its principle business office located at 819 4th Avenue NW, Watertown, SD 57201-2223, and the TheTruckersWebsite.com, Inc. website is hosted in South Dakota, and the end user (you) benefits from a lower subscription fee by limiting the forums into which TheTruckersWebsite.com, Inc. may be hailed by its presence on the internet, any dispute, including preliminary or interim relief, may be resolved by a court of competent jurisdiction within the state of South Dakota. 5) No Waiver No failure on the part of either party to exercise and no delay in exercising any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise by a party of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right 6) Notice All notices, designations, approvals, consents, requests, acceptances, rejections or other communications required or permitted by this Agreement, unless otherwise explicitly directed above, shall be in writing and shall be personally delivered or shall be sent by registered or certified mail addressed to the parties hereto at their respective addresses as follows: If to TheTruckersWebsite.com, Inc: TheTruckersWebsite.com, Inc. Attention: Legal Department 819 Fourth Avenue NW Watertown, SD 57201-2223 If to User: To the Contact Name and Address provided during Registration and maintained by the user during any subscription period. 7) Headings The headings used in this Agreement are intended for reference only. They are not intended and shall not be construed to be a substantive part of this Agreement or in any other way to affect the validity, construction or effect of any of the provisions of this Agreement. 8) Sales Tax {TALK WITH YOUR ACCOUNTANT AND BUSINESS ATTORNEY REGARDING THE COLLECTION AND PAYMENT OF SALES TAX}
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