1. Introduction and Agreement.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS THE PLATFORM OR USE ANY OF THE SERVICES PROVIDED THROUGH THE PLATFORM.
Publish Date: August 22 2017
2. Material Terms.
Without in any way limiting the express language of the Agreement, you agree and acknowledge that this Agreement includes the following material terms:
You must be at least eighteen (18) years of age to access the Platform and use the services provided through the Platform. By agreeing to this Agreement, you represent and warrant to Trucker Path: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or prohibited from accessing the Platform; and (iii) that your registration and your use of the Platform and the services provided through the Platform is in compliance with any and all applicable laws and regulations. If you are accessing the Platform or using the services provided through the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this Agreement and you agree on behalf of such organization that it shall be bound by this Agreement.
4. Accounts and Registration.
To access most services provided through the Platform, you must register for an account. When you register for an account, you may be required to provide Trucker Path with information about yourself (such as your name, e-mail address and other contact information). You agree that the information you provide to Trucker Path shall be in all material respects accurate and that you will update and maintain such information in a currently accurate state at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur in connection with your account. If you believe that your account is no longer secure, then you should immediately notify Trucker Path at firstname.lastname@example.org.
5. Scope of License.
The Application is licensed, not sold, to you for use only under the terms of this Agreement. Trucker Path reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of this Agreement, Trucker Path hereby grants you a personal, limited, revocable, non-transferable license to use the Application on any compatible device that you own or control, solely for your own use. You shall not (i) rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works from the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or third party terms),or attempt to disable or circumvent any security or other technological measure designed to protect the Application or any content available through the Application. If you breach these license restrictions, or otherwise exceed the scope of any license granted by this Agreement, you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this Agreement will govern any updates provided to you by Trucker Path that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which event the terms of that license shall govern.
6. Paid Subscription Licenses.
Trucker Path may offer fee subscriptions for any or all parts of the Platform. If you elect to use a fee subscription service, you additionally agree that (i) you are expressly opting into using the fee subscription service, (ii) Trucker Path, in its sole discretion, may make or change the features or offers available for fee subscriptions at any time, (iii) you are bound by the terms and conditions of the payment platform you use to pay the subscription fee, (iv) any eligible refunds are processed solely through the payment method you used to pay the subscription fee, (v) refunds for any services you purchased will only be made within fourteen (14) days from original purchase date and any refunds requested after the fourteen (14) day period has expired, will be denied. Trucker Path may refuse or limit a refund depending on usage of services and other factors even within the fourteen (14) day period. All refunds will be processed as a one-time per subscriber courtesy.
From time to time, Trucker Path may conduct sweepstakes or contests. Each sweepstakes shall have its own terms and conditions, set forth in the official rules for the specific sweepstakes.
8. Third Party Services and Linked Websites.
Trucker Path may provide features on the Platform that enable you to export information to third party services, including features that allow you to link your account on Trucker Path with an account with a third party service, such as Twitter or Facebook, or through the implementation of third party buttons (such as "like" or "share" buttons). By using any of these features, you agree that Trucker Path may transfer that information to the applicable third-party service. Third party services are not under the control of Trucker Path and Trucker Path shall have no obligation or responsibility of any kind or nature whatsoever for any third party service’s use of your exported information. The Platform may also feature links to third party websites such as Transcredit and Saferwatch. Linked websites are not under the control of Trucker Path and Trucker Path shall have no obligation or responsibility of any kind or nature whatsoever for the content of any linked websites.
9. Content You Submit.
The Platform includes features that allow you to upload certain materials to Trucker Path’s servers, to facilitate certain processing of those materials by Trucker Path, and to share those materials with your contacts and other users of the Platform. The following provisions apply to your use of such features to manage and share media content across the Platform. You agree that you shall be solely responsible for, and assume all liability and consequences for all text, audio, messages, photos, images, and all other media content that you submit through the Platform along with all associated metadata (which may include, but not be limited to, your device type, date, time, application and location data associated with the creation and/or submission of the particular content (collectively, the "User Content")). For clarification purposes, User Content shall not include data submitted to the Application that is used to enable features of the Application that are not designed specifically as User Content.
10. Open Source and Third Party Software.
The Platform may include open source software or third party software. Any such software is made available to you under the terms of the applicable licenses.
11. Digital Millennium Copyright Act.
12. Third Party Materials and Linking to Third Party Sites.
Certain portions of the Platform may include, display, or make available content, data, information, applications or materials from third parties ("Third Party Materials"). You acknowledge that by using the Platform, you may encounter Third Party Materials and other content, such as third party advertisements and promotional content (collectively,"Content"),that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language or that may automatically and unintentionally contain links or references to objectionable material. Nevertheless, you agree to use the Platform at your sole risk and that Trucker Path shall not have any liability to you for any Content that may be found to be offensive, indecent, or objectionable, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise. The Platform may provide links to third party sites. Your use of and access to such sites is completely voluntary and not required to access the Services or use the Platform. The linked sites are not under the control of Trucker Path, and Trucker Path shall have no responsibility for the content of any linked site or subsequent links from that site to other sites, or for the security of any of your personal information that may be compromised by accessing such sites. Trucker Path may provide such links as a courtesy to our users, but such links shall not under any circumstances constitute Trucker Path’s endorsement of any linked site.
13. Use of the Platform.
Your rights to use the Platform are expressly conditioned on the following:
14. Location Based Services.
Some of the features of the Platform enable Trucker Path to tailor your experience based on your location ("Location-based Services") including, but not limited to, offers, event updates, advertisements, and other announcements available to you based on your location. In order to use certain Location-based Services, you must allow Trucker Path access to your localized position ("Location Data") through your device, which Trucker Path may accomplish through a variety of means, including GPS location, GeoIP, or other available mechanisms. Without limiting the foregoing, even if you have not expressly granted Trucker Path access to your Location Data, Trucker Path may nonetheless have access to location information contained in media content metadata, to the extent you have enabled the application originating such media content to capture and store Location Data. If you choose to disable Location-based Services on your device or to the Application, you will not be able to utilize certain features of the Platform. By authorizing Trucker Path to access your Location Data or media files containing location based metadata, you agree and acknowledge that (i) Location Data we collect from you is directly relevant to your use of the Platform; (ii) Trucker Path may, for so long as you allow Trucker Path to access such Location Data or metadata, provide Location-based Services related to your then-current location; and (iii) Trucker Path may collect, use, store, and/or aggregate your Location Data. PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, WHETHER COLLECTED ORIGINALLY BY THE APPLICATION OR A THIRD PARTY APPLICATION ORIGINATING A PIECE OF MEDIA CONTENT, AND TRUCKER PATH DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION DATA AND LOCATION-BASED SERVICES. Trucker Path may use third party services as part of its Location-based-Services, including but not limited to Google maps. By using our applications you agree to be bound to the terms of such Location-based-Services. For Google such terms can be found here: https://policies.google.com/privacy?hl=en-US.
15. Consent to Use of Data.
While Trucker Path is continually working to develop and evaluate our own product ideas and features, we appreciate the interests, feedback, comments, and suggestions we receive from our user community. If you choose to contribute by sending Trucker Path or our employees any ideas for products, services, features, modifications, enhancements, refinements, technologies, content offerings, promotions, strategies, product/feature names, or any related documentation, artwork, computer code, diagrams, computer code, or other materials (collectively "Feedback"),then regardless of what your accompanying communication may say, the following terms shall apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Trucker Path, you agree that:
The Platform, and all content, media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Trucker Path and its licensors, provided that your User Content, and your intellectual property rights therein, remain your property. Except for the limited license expressly granted by and to you under this Agreement, no other rights, licenses, or immunities are granted or shall be deemed to be granted under this Agreement, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Trucker Path in this Agreement are expressly reserved.
This Agreement shall remain effective until terminated by you or Trucker Path. Your rights under this Agreement and the revocable license granted herein will terminate automatically without notice from Trucker Path if you fail to comply with any term(s) of this Agreement (including your violation of any license restriction provided herein). In addition, Trucker Path may in its sole discretion terminate your user account or suspend or terminate your access to the Platform at any time, with or without notice. Trucker Path also reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform) without notice to you. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate this Agreement at any time by uninstalling the Application and ceasing use of the Platform. Upon any termination of the Agreement, you must immediately cease all access to the Platform and the use of any services provided through the Platform, and destroy all copies, full or partial, of the Application. Section 1 and Sections 3 through 31 will survive termination of this Agreement for any reason.
You will indemnify, defend and hold Trucker Path, its affiliated entities and their respective members, managers, officers, directors, employees, agents, contractors, attorneys, representatives, successors and assigns (each, an "Indemnified Party" and collectively, the "Indemnified Parties") harmless from and against any and all claims, damages, losses, costs, liabilities or expenses including, without limitation, attorneys’ and experts’ fees and costs incurred in connection with any judicial or non-judicial third-party claim, demand or action (each, a "Claim"): (a) arising out of or allegedly arising out of (i) your use of the Platform (ii) your breach of this Agreement, (iii) material submitted to Trucker Path for use in providing the Services, including, but not limited to, any claim that the use of your material infringes upon or violates any Intellectual Property Right of any third party or is inaccurate or misleading in any respect, (iv) your negligence or willful misconduct, or (v) your violation of or failure to comply with any applicable law, regulation or government agency guideline, including without limitation any federal or state privacy or consumer protection laws, demanding compensation or benefits, or pursuing any employment-related Claim, by any of your employees or contractors. Trucker Path may, but shall not be obligated to, participate in the defense of any Claim. You will not settle any Claim against an Indemnified Party without Trucker Path’s prior written consent. In the event of a Claim against an Indemnified Party, Trucker Path may terminate this Agreement, any registration, account or Subscription without any liability of any kind or nature whatsoever. All Claims and disputes arising under or relating to this Agreement are to be determined by binding arbitration in the State of Arizona in accordance with the rules of the American Arbitration Association. Any arbitration award may be confirmed by an Arizona court of competent jurisdiction. In no event shall the total liability of Trucker Path to you for all damages, losses, and causes of action arising from this Agreement exceed the sum of all payments made to Trucker Path for Services as defined in this Agreement.
20. LIMITATIONS ON LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER TRUCKER PATH NOR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND/OR AGENTS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM: (I) ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY INFORMATION ON THE PLATFORM; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICES; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF THE SERVICES; AND/OR (IV) EVENTS BEYOND TRUCKER PATH’S REASONABLE CONTROL, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL TRUCKER PATH HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SIMILAR DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES HEREUNDER OR ANY OF THE SERVICES. FURTHERMORE, TRUCKER PATH SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR REVENUE INCLUDING, BUT NOT LIMITED TO, ANY LOSSES INCURRED AS THE RESULT OF THE LOSS OF USE OF ANY OF THE SERVICES, LOSS OF ANY DATA FROM ANY CAUSE, BUSINESS INTERRUPTION OR OTHER SIMILAR LOSSES. TRUCKER PATH’S TOTAL LIABILITY FOR ALL CLAIMS OF EVERY KIND AND NATURE WHATSOEVER UNDER THIS AGREEMENT REGARDLESS OF THE MANNER IN WHICH THE CLAIMS ARE ASSERTED INCLUDING, BUT NOT LIMITED TO, ANY CLASS ACTION, SHALL NOT EXCEED IN THE AGGREGATE THE TOTAL FEES YOU HAVE PAID DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE ASSERTION OF SUCH CLAIMS.
21. NO WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM, INCLUDING YOUR RELIANCE ON ANY ANNOUNCEMENT THAT IS TRANSMITTED OR RECEIVED ON OR THROUGH THE PLATFORM, IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, INCLUDING ALL SERVICES, MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND TRUCKER PATH HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TRUCKER PATH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PLATFORM, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE PLATFORM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. TRUCKER PATH EXPRESSLY DISCLAIMS ANY WARRANTIES RELATING TO THE ACCURACY OF MAPS, CONTENT, ROAD CONDITIONS, DRIVING DIRECTIONS, OR NAVIGATION ROUTES PRESENTED OR DISPLAYED IN OR BY THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
22. Third Party Disputes.
TRUCKER PATH IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR ADVERTISER, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, ADVERTISER, OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER USER OF THE TRUCKER PATH PLATFORM, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE TRUCKER PATH (AND TRUCKER PATH’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
23. Governing Law.
The laws of the State of Arizona shall govern this Agreement and your use of the Platform. To the extent that any action relating to this Agreement is permitted to be brought in a court of law, such action shall be subject to the exclusive jurisdiction of the state and federal courts located in Phoenix, Arizona and you hereby irrevocably submit to personal jurisdiction in such courts.
24. International Use.
The Platform is controlled and operated from within the United States. Trucker Path makes no representation that the Platform is appropriate or available in locations outside the United States. Those who choose to access the Platform from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content including, but not limited to, laws regulating the collection, export, use or storage of data from the United States or your country of residence.
25. Modification of this Agreement.
Trucker Path reserves the right, in its sole discretion, to modify this Agreement on a going-forward basis at any time, with or without prior notice, and such changes will be effective as provided herein. In the case of material changes to this Agreement, Trucker Path will make reasonable efforts to notify you of the change, by sending an email to any address you may have used to register for an account, through a pop-up window on the Platform, or other similar mechanism. Any modification to the Agreement will be effective upon the earlier of (i) your first use of the Platform with actual notice of such change, or (ii) 30 days from posting of such change on the Platform. Your use of the Platform following the date that any such change becomes effective constitutes your agreement to be bound by the modified Agreement. If you do not agree to the modified Agreement, your sole and exclusive remedy is to terminate your account and cease use the Platform. Disputes arising under this Agreement will be resolved in accordance with the version of the Agreement that was in effect at the time the dispute arose.
27. Contacting Trucker Path.
You can contact Trucker Path, Inc. by email at email@example.com, or by U.S. post 2828 North Central Ave., 7th Floor Phoenix, AZ 85004-1024.
28. Obtaining a Copy of this Agreement.
You may have this Agreement mailed to you electronically by sending a letter to the address in Section 27 with your electronic mail address and a request for a copy of this Agreement.
29. Notice to California Residents.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding this Agreement or to receive further information regarding use of the Platform.
30. NOTICE REGARDING APPLE.
To the extent that you are using our mobile applications on an iOS device, you further acknowledge and agree that this Agreement is between you and Trucker Path only, not with Apple, and Apple is not responsible for the Platform and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Platform and/or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Platform. Apple and Apple’s subsidiaries are third party beneficiaries of the provisions of this Section 30, but not of any other provisions of this Agreement and upon your acceptance of these provisions, Apple will have the right (and will be deemed to have accepted the right) to enforce these provisions against you as a third party beneficiary. You hereby represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
31. Third Party Partners Access to Information.
Our third party partners operate under their own privacy policies and may access your information. We encourage you to check their privacy policies, to learn more about their practices for processing information. Their privacy policies can be found on: