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: September 29th, 2017

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. Money
We will not ask you for a credit card because we are not asking you to buy goods or services from us.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. Delaware Law to Govern
These terms shall be governed and construed in accordance with Delaware law.

20. 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.

21. 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.

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.