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Thank you for visiting the website of Truckers Flow (“TF”) or one of its affiliates. TF, for itself and on behalf of its affiliated companies and divisions which are also deemed parties to these Website Terms and Conditions (the “Terms and Conditions”), which set forth the legally binding terms and conditions that govern your access to and use of the website located at truckersflow.com (the “Site”) and its contents.
By accessing this Site, you are acknowledging and accepting these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Site. TF’s Terms and Conditions are subject to change at any time, without any notice. Any update will be reflected on these Terms and Conditions. Your continued use of the Site after any such modifications shall constitute your acceptance of these Terms and Conditions as modified.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF PRIVACY POLICY
Your use of, and access to, this Site is contingent on your acknowledgement and acceptance of the Privacy Policy, located here: https://truckersflow.com/privacy-policy/. By accessing this Site, you are acknowledging and accepting TF’s Privacy Policy, in addition to these Terms and Conditions. If you do not agree to the Privacy Policy, do not use the Site
2. INTELLECTUAL PROPERTY
All content and materials on the Site is the intellectual property of TF, or another third party, and is protected by copyright, trademark, trade secret, service marks, patents, or other intellectual property law. Except as expressly authorized by our company, you agree not to sell, license, rent, modify, distribute, copy, publicly display, reproduce, transmit, publicly perform, publish, edit, or create derivative works from such materials or content.
For information on requesting such permission, please contact us at info@truckersflow.com
3. LIMITATIONS ON USE
You agree to and will comply in all material respects with any and all laws, statutes, ordinances, and regulations applicable to your use of the Site. You agree not to use the Site to collect, upload, transmit, display, or distribute any information, data, and other content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site; (g) introduce software or automated agents or scripts to the Site so as to generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site; or (h) use the Site in an illegal manner, or in a manner that you know is against the accepted use of the Site.
You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive site; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. TF has the right, but not the obligation, to monitor this Site for any conduct that violates TF’s Acceptable Use Policy or any other provision of the Terms and Conditions and to take all appropriate actions in response, without notice to you. TF reserves the right to suspend, remove, or delete your account without notice or liability.
TF further reserves the right to change or supplement our policies as to acceptable and prohibited uses at any time to the fullest extent permitted by applicable law.
4. SUBMISSIONS TO TF
You agree that any ideas, suggestions, or improvements that you provide to TF about TF’s Site or services shall be owned by TF and TF is free to include such ideas in future services without compensation to you. You hereby grant TF a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to TF.
5. HYPERLINKS AND THIRD-PARTY CONTENT
This Site may provide links to other sites on the internet, including but not limited to third-party websites, services, and advertisements. Such third-party content is not under the control of TF and TF is not responsible for such content. You acknowledge that TF is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators. When you access third-party content, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; RELEASE
THIS SITE IS PROVIDED “AS-IS” AND “AS AVAILABLE” FOR YOUR USE. TF EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
TF MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR CORRECTNESS OF CONTENT ON THIS SITE, THAT DEFECTS OR ERRORS ON THIS SITE WILL BE CORRECT, OR THAT CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. YOU USE THIS SITE SOLELY AT YOUR OWN RISK. TF RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR DISCONTINUE THE SITE OR ANY PART THEREOF WITH OR WITHOUT NOTICE.
YOU AGREE THAT TF WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SITE OR ANY PART THEREOF. YOU HEREBY WAIVE AND RELEASE TF (AND TF’S SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE ARISING FROM YOUR USE OF THE SITE, OR IN ANY WAY RELATED TO OTHER USERS OR THIRD PARTIES. IN NO EVENT SHALL TF BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR BUSINESS INTERRUPTION, EVEN IF TF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TF’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THIS SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) SHALL IN NO EVENT EXCEED THE AMOUNTS PAID BY YOU TO US FOR USE OF THE SITE DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH WE PAY ANY SUCH CLAIM.
7. INDEMNIFICATION
AS CONSIDERATION FOR ACCESS TO THE SITE, YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS TF FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, FINES, JUDGMENTS, PENALTIES AND AMOUNTS (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR BREACH OF THESE TERMS AND CONDITIONS.
8. SEVERABILITY AND INTEGRATION
This agreement constitutes the entire agreement between you and TF with respect to this Site and supersedes all prior or contemporaneous communications between you and TF, but solely with respect to this Site. In the event of inconsistency or discrepancy between these Terms and Conditions and any other agreement you have entered into with TF, the other agreement shall prevail and govern. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
9. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be deemed to have been drawn in accordance with and will be governed by the laws of the United States and of Illinois, without regard to the choice-of-law rules of that or any other jurisdiction. In the event of any disagreement or dispute arising from or in connection with these Terms and Conditions, such disagreements or disputes shall be brought exclusively in the state court of proper jurisdiction in the state or federal courts serving DuPage County, Illinois. The parties hereby agree to the exclusive jurisdiction of such courts and waive any defenses to venue in or personal jurisdiction of such courts. Notwithstanding the foregoing, the parties may mutually agree in writing to submit any such disagreement or dispute to binding arbitration.
NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.
10. ACKNOWLEDGEMENT
BY ACCESSING OR USING THE SITE, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.
11. NOTICE AND CONTACT INFORMATION
If you need to contact TF, please use one of the following methods of contact:
If you do not use one of these methods of contact, TF will not receive any attempt at notice or communication.
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