Truckx Inc.

Terms and Conditions

(Version 1.0)

 

The following Terms & Conditions govern the use of TruckX websites, mobile applications, products, hardware, tools and services (collectively ‘Bundle’) offered by TruckX Inc. By accessing, browsing and/or using this Bundle, you acknowledge that you have read, understood and agree with this User Agreement (‘Agreement’) and will comply with all Terms & Conditions, applicable federal, state and local laws and regulations. This Agreement is a contract between ‘you’ and TruckX Inc. (‘TruckX’). ‘You’ refers to all individuals using the Bundle and services, and if you use the Bundle on behalf of a corporation, LLC, partnership, or other business entity, then ‘you’ shall include that business entity and all individuals associated with using the Bundle. 

Do not continue to use Bundle if you do not accept these terms and conditions. 


Changes to Terms

TruckX reserves the right, in its sole discretion, to change the Terms under which Bundle is offered. The most current version of the Terms will supersede all previous versions. TruckX encourages you to periodically review the Terms to stay informed of our updates. TruckX reserves the right to modify, discontinue or suspend any part of the Bundle at any time, for any reason, and to impose limitations and/or restrictions to such products without notice or liability.

Privacy 

Protecting your privacy is very important to us. Please review our Privacy Policy to better understand our commitment to maintaining your privacy, our use and disclosure of your Information, as well as your responsibilities as a TruckX Bundle User.

Security 

We are committed to protect your personal information and the environments in which it is stored by TruckX. You are responsible for maintaining adequate security and control of any and/or all login Information, such as usernames, and passwords, or any other codes that you use to access the Bundle. You are responsible for keeping your mailing and email addresses current in your Account Profile. We will never ask for your account password; however, your username, or other Information may be requested for identity verification.


Driver Safety 

You agree, and assume full responsibility, to drive safely, observe all traffic rules/laws and use your own personal best judgment while driving. Therefore, you will not access, enter or change Information, or otherwise interact with the TruckX Bundle while driving.


International Users

The Service is controlled, operated and administered by TruckX from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.

Indemnification

You agree to indemnify, defend and hold harmless TruckX, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TruckX reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TruckX in asserting any available defenses.

No Warranty 

TruckX Bundle and services are provided as is and without any warranty, whether expressed, implied or statutory. TruckX, specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

We do not guarantee continuous, uninterrupted or secure access to any part of the Bundle, and its operation may be interfered with or affected by factors outside of our control.


No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Bundle strictly in accordance with these terms of use. As a condition of your use of the Bundle, you warrant to TruckX that you will not use the Bundle for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Bundle or interfere with any other party's use. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Bundle.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software/hardware used on the Bundle, is the property of TruckX or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Bundle. TruckX content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TruckX and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TruckX or our licensors except as expressly authorized by these Terms.

Hardware Device (‘ELD’)

Free ELD is only available for pre-qualified customers with satisfactory credit as deemed by TruckX, but is still the property of TruckX. ELD will be provided by TruckX as part of some service plan offerings in the future. This is subject to production certifications and compliance. TruckX does not guarantee final production of the devices and reserves complete right to cancel, modify or update ELD specifications/production. A minimum service contract will be required by the qualified customer. Detailed service contract & ELD specification with terms and conditions for the device will be provided at the time of shipping.


Liability disclaimer

The information, software, products, and services included in or available through the Bundle may include inaccuracies or typographical errors. Changes are periodically added to the information herein. TruckX and/or its suppliers may make improvements and/or changes in the Bundle at any time.

TruckX and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Bundle for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. TruckX and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall TruckX and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Bundle, with the delay or inability to use the Bundle or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Bundle, or otherwise arising out of the use of the Bundle, whether based on contract, tort, negligence, strict liability or otherwise, even if TruckX or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Bundle, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Bundle.


Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 

Contact Information

If you have any questions about these Terms & Conditions please contact us at support@truckx.com or at 3003 north 1st street, San Jose, CA 95134.

Definitions

· Agreement refers to this User Agreement, including all subsequent amendments.

· Appropriate Use means the meaningful and productive use of the TruckX Inc. products and services in an efficient, ethical and lawful manner.

· Driver has special skills, knowledge and licensure required to operate certain commercial motor vehicles (CMVs).

· Information is any confidential and/or personally identifiable Information or other Information related to an Account or User, including but not limited to: name, email address, date of birth, tax identification number, billing/shipping address, phone number and financial Information.

· Motor Carrier (or Carrier) is the individual owner/operator or trucking company transporting freight for profit.

· Terms & Conditions are general and special arrangements, provisions, requirements, rules, specifications and standards that form an integral part of an agreement or contract.

· User is any person, company or entity using the TruckX Inc. platform, products or services, including you.