Terms of Service / End User License Agreement
a/k/a You can’t sue Truck Driver Power because you relied on our digital content
Last updated: June 14th, 2022
Hey there,
While you do need to read this whole thing and agree to it, here’s a quick summary to give you a taste
for
what’s ahead!
• We empower truck life. The more drivers help us, the more we help drivers!
• Lawyers say that you do need to read this and agree to it. That’s why you have to scroll to the
bottom…
• These terms of service apply to any users of our services.
• You get access to information about our community, apps, and services, but we own it.
• This is a licensing agreement.
• No racial slurs or bullying.
• No hacking, reverse engineering, or other unlawful use.
• The website, mobile app, and web app are intended for residents of the United States.
• We can change any of this stuff at any time but we’ll let you know about it if we do.
• Basically, you can’t sue us if you’re upset about content on the website, mobile app, or web app, but
we
can force you to binding arbitration if you break this license.
PURSUANT TO DELAWARE LAW, THIS LICENSE CONTAINS A BINDING ARBITRATION PROVISION WHICH
MAY
BE ENFORCED BY THE PARTIES.
1. Who We Are
We are Truck Driver Power, Inc., a Delaware corporation. Truck Driver Power is a company that provides
apps
and services for truck drivers and others in the trucking industry.
2. How This Works
You can use and access our website at www.truckdriverpower.com. But first you need to read these terms
of
service and accept them, then you can use the website.
3. Who You Are, a/k/a Your Eligibility to be an End User Licensee
To use the website, you must be at least 18 years old.
To use the mobile app and web app, you must be at least 18 years old. To use the mobile app, you must also hold
a
valid commercial driver’s license. You agree to provide us with a valid name and email address. You will not
share
your account or password with others. You accept
responsibility for all use of your account. You will let us know immediately if you learn of a security breach
to
the mobile app or web app, or unauthorized use of your account. You will not pretend to be another person or
use
another person’s identity without his or her permission.
4. You’re a Truck Industry Professional, not a Lawyer
That said, please read these terms of service carefully before using the Truck Driver Power website, mobile
app, or
web app because as the end user you must agree to this license agreement. We have tried to write these terms in
plain English so that you understand them. If you do not
understand any of these terms, please contact us and let us know.
5. You Accept These Terms
These terms of service apply to any users of Truck Driver Power’s services, including any users of our mobile
apps,
web apps, websites, features or other services. As an end user of the website, mobile app, or web app, you
agree
that you accept these terms and that you will comply by
them and be legally bound by them. These terms apply to anyone who uses the website, mobile app, or web app. If
you
disagree with any of these terms then you do not have our permission to use the website, mobile app, or web
app.
6. You Have a License to use the Website
By agreeing to these terms, we are granting you a limited, non-exclusive, and nontransferable license to use
the
website, mobile app, or web app (as applicable), but we retain ownership and proprietary rights to the website,
mobile app, web app, and the content of each.
7. Intellectual Property
You agree that any content you provide to the website, mobile app, or web app is not confidential and not
proprietary, and by posting, submitting, or uploading content you are consenting to its use throughout the
website,
mobile app, or web app (as applicable). You have no intellectual
property rights to any content you post, submit, or upload to the website, mobile app, or web app. To the
extent
that a court of competent jurisdiction determines that you own of any of the content on the website, mobile
app, or
web app, you grant to Truck Driver Power an unlimited,
irrevocable, perpetual, transferable, worldwide, fully paid-up, and royalty-free license to use such content in
any
way. You acknowledge that we own all intellectual property rights to the website, its proprietary software
code,
and all of its content, and that your use of the website,
mobile app, or web app is as a licensee. You acknowledge that “Truck Driver Power” is our trademark.
8. Prohibited Uses
You agree to use the website, mobile app, and/or web app only for lawful purposes and in accordance
with
these Terms of Service. Specifically, you agree NOT to engage in any of the following activities:
• use of any robot, spider, site search/retrieval application, or other manual or automatic device or process
to
retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation
of
the website, mobile app, web app, or the content of each;{" "}
• collection of usernames and/or email addresses of users by electronic or other means for the purpose
of
sending unsolicited email or unauthorized framing of or linking to the website, mobile app, or web app;
• interference with or disruption of the website, mobile app, or web app, or the servers or networks
connected to the website, mobile app, or web app;
• transmission of any material that contains software viruses, malware, or any other computer code,
files
or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
• forging of headers or otherwise manipulate identifiers in order to disguise the origin of any
information
transmitted to or through the website, mobile app, or web app (either directly or indirectly through use of
third
party software);
• “framing” or “mirroring” any part of the website, mobile app, or web app, without our prior written
authorization;
• using meta tags or code or other devices containing any reference to Truck Driver Power or the website,
mobile
app, or web app (or any trademark, trade name, service mark, logo or slogan of Truck Driver Power) to direct
any
person to any other website, mobile app, or web app for any
purpose;
• modification, adaption, sublicensing, translation, selling, reverse engineering, deciphering,
decompiling
or otherwise disassembling any portion of the website, mobile app, or web app, or causing others to do so;
• posting, using, transmitting or distributing, directly or indirectly, (e.g. screen scrape) in any manner or
media
any content or information obtained from the website, mobile app, or web app other than solely in connection
with
your use of the website, mobile app, or web app in
accordance with the terms.
9. Bad Language
You agree to refrain from using offensive, obscene, or defamatory language in the website, mobile app, or web
app.
Racial slurs, bigotry, and bullying will not be tolerated under any circumstances. You will not disparage
others
because of who they immutably are, or where they were born,
or because they are a veteran of the Armed Forces.
10. Terminating Your Use of the Website
We can refuse you service and prevent you from using the website at any time for any reason, or for no
reason, in our sole discretion. We can also edit website content at any time without telling you beforehand.
All provisions of the terms which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions, and
limitations of
liability.
11. Third Party Websites and Apps
The website, mobile app, and web app may contain links to third party websites and apps that we do not own or
control. We are not responsible for any content or practices of third party websites and apps, and we do not
endorse, warrant, or guaranty any goods, services or information that
they provide.
You agree that we are not responsible or liable, directly or indirectly, for any damage or loss from your use
of or
reliance on any goods, services or information that third party websites and apps provide. We strongly advise
you
to read the terms and conditions and privacy policies of
any third party web sites or apps that you visit.
12. No Warranties
The website, mobile app, and web app, and the content of each are provided on an “AS IS and “AS AVAILABLE”
basis,
without warranties of any kind, either express or implied, including without limitation implied warranties of
merchantability, fitness for a particular purpose,
non-infringement, or course of performance. We do not warrant that the content will be available at any
particular
time or location; that any defects or errors will be corrected; or that it is free of viruses or other harmful
components. Your use of the website, mobile app, or web app is
wholly at your own risk.
We do not warrant that the website, mobile app, or web app will function uninterrupted, be secure, or be
available
at any particular time or location; that any errors or defects will be corrected; that the website, mobile app,
and
web app are free of viruses or other harmful components;
or that the website will meet your requirements.
13. Geographic Restrictions
Truck Driver Power is based in the State of Missouri in the United States of America, and the website, mobile
app,
and web app are intended solely for residents of the United States. The Company makes no representations that
the
website, mobile app, web app, or their content is
appropriate or available for use in all locations. The website, mobile app, and web app should not be used
outside
of the United States. Use of or access to the website, mobile app, web app, and their content may not be legal
by
certain persons or in certain countries. By accessing or
using the website, mobile app, web app, and their content, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction.
By using or accessing the website, mobile app, or web app, you consent to the transmission of your personal
information and non-personal information to the United States, and you acknowledge and accept all liability and
responsibility arising from the transmission of such information to
the United States.
14. Indemnification
You agree to defend, indemnify and hold harmless Truck Driver Power and its licensees, licensors, employees,
contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited
to attorney's fees), resulting from or arising out of (a) your use and access of the website, mobile app, or
web
app, or any person using your account and password (in the case of the mobile and web app) or (b) a breach of
these
terms. You will promptly notify us of any breach of these
terms by you or by anyone else.
15. Limitation of Liability
In no event shall Truck Drive Power, nor its directors, employees, partners, agents, suppliers, or affiliates,
be
liable for any damages of any kind that may result from either your use or your inability to use this website,
mobile app, or web app. This limitation applies regardless of
the legal theory of liability. In any jurisdiction that does not permit the limitation of liability, then Truck
Driver Power’s liability shall be capped at one hundred dollars ($100.00). Some jurisdictions do not allow the
exclusion of certain warranties or the exclusion or limitation of
liability for consequential or incidental damages, so the limitations above may not apply to you.
16. Changes to the Website, Mobile App, or Web App
We are constantly updating information that you can find through the website, mobile app, and web app. You may
experience delays in that information being updated. Some of the information on the website, mobile app, or web
app
may be inaccurate or in error, or may not be complete or
current. We cannot guarantee the accuracy or completeness of any information on the website, mobile app, or web
app, including prices. We reserve the right to change or update information at any time, and to correct errors,
inaccuracies, and omissions without notifying you beforehand.
You agree that we have no obligation to provide any updates to the website, mobile app, web app, or their
content,
or to continue to provide or enable any particular features or functionality.
17. Changes to these Terms
We reserve the right, at our sole discretion, to modify or replace these terms at any time, including material
revisions. When we post changes to these terms, we will revise the “last updated” date at the top of these
terms,
which will be posted on the website or under “Settings” (for
the mobile app and web app), and you should regularly check for the most recent version, which is the version
that
applies. If we make any material changes to these terms, we will notify you of the changes by reasonable means,
which could include notifications through the website, mobile
app, web app, or by email. Please review the changes carefully. Your continued use of the website, mobile app,
and/or web app following the posting of changes to these terms will mean you consent to and accept those
changes.
If you do not agree to the new terms, you are no longer
authorized to use the website, mobile app, and/or web app.
18. Delaware Law to Govern
These terms shall be governed and construed in accordance with Delaware law.
19. No Waiver
Our failure to enforce any terms will not be considered a waiver of our rights. If any provision of these terms
is
held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.
These terms, and the terms of any documents incorporated
herein by reference or that incorporate this document by reference, constitute the entire agreement between us
regarding the website, mobile app, and/or web app, and supersede and replace any prior agreements we might have
had
between us regarding the website, mobile app, and/or web app.
20. Privacy Policy
All content you provide to the website, mobile app, or web app, and any information we may collect through the
website, mobile app, or web app, is governed by our Privacy Policy, which can be found
here
and is incorporated
herein by reference. By using the website, mobile app, or web app and accepting these terms, you acknowledge
that
you have reviewed and you agree to be bound by our Privacy Policy, and that you consent to all actions we take
with
respect to your information consistent with our Privacy
Policy.
21. Apple Standard EULA
22. Binding Arbitration
The exclusive means of resolving any dispute or claim arising out of or relating to these terms (including any
alleged breach thereof) or the website, mobile app, and/or web app shall be BINDING ARBITRATION administered by
U.S. Arbitration & Mediation in St. Louis, Missouri. The one
exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the
Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims
court, you may not under any circumstances commence or maintain
against the Company any class action, class arbitration, or other representative action or proceeding.
By using the website, mobile app, or web app in any manner, you agree to the above arbitration agreement. In
doing
so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except
for
matters that may be taken to small-claims court). YOU ALSO
GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined
by a
NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The
arbitrator
can grant any relief that a court can, but you should note
that arbitration proceedings are usually simpler and more streamlined than trials and other judicial
proceedings.
Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited
reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an
arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration
agreement is for any reason held to be unenforceable, any
litigation against the Company (except for small-claims court actions) may be commenced only in the federal or
state courts located in St. Louis County in the state of Missouri. You hereby irrevocably consent to the
jurisdiction of those courts for such purposes.
These terms, and any dispute between you and Truck Driver Power, shall be governed by Delaware law
without
regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the
Federal
Arbitration Act.
PURSUANT TO DELAWARE LAW, THIS LICENSE CONTAINS A BINDING ARBITRATION PROVISION WHICH
MAY
BE ENFORCED BY THE PARTIES.
23. Contact Information
If you have any questions about these terms of service, please contact us at
Contact@TruckDriverPower.com.