BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.
THAT YOU AND TRUCKER PATH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Truckloads is a Neutral Platform. Trucker Path is not a transportation service provider ("TSP"),shipper, freight forwarder or broker. Our Service acts as a platform where shippers and TSPs can meet and enter into their own contracts. We are not involved in the actual transaction between shipping customers and TSPs. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place through our Service. Trucker Path does not prequalify or validate the claims of TSPs including with respect to their licensure, insurance, registration, or safety rating. We, our Service, Site and App function solely as a neutral platform and digital clearinghouse where two parties may agree on a price for a particular type of transportation service. We do not provide any endorsement for you or your transportation services and we are not in any way responsible for assisting you in any manner with your provision of the transportation services. We cannot and will not guarantee the ability of users of our Service to complete payment for any of the provided transportation services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of users of our Service to pay for the offered or provided transportation services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the transportation services are not provided by us and are specifically and solely between you and the other user of our Service. Because we are not involved in the actual transaction between shipping customers and TSPs, we have no control over the accuracy of listings, the ability of TSPs to transport items, or the ability of shipping customers to send items. We cannot ensure that a shipping customer or TSP will actually complete a shipment.
Eligibility. You must be at least eighteen (18) years of age to use the Service. By agreeing to this ToS, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this ToS and you agree to be bound by this ToS on behalf of such organization.
Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address, company, company address, phone number, billing address, DoT or MC number or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date 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 under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@truckerpath.com.
Scope of License. The App is licensed, not sold, to you for use only under the terms of this license. Trucker Path reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of this ToS, Trucker Path hereby grants you a personal, limited, revocable, non-transferable license to use the App on any compatible device that you own or control, solely for your own use. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof, or authorize, direct, or cause a third party to do so (except as and only to the extent any foregoing restriction is prohibited by applicable law or third party terms),nor attempt to disable or circumvent any security or other technological measure designed to protect the App or any content available through the App. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this ToS will govern any updates provided to you by Trucker Path that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
that the terms and conditions on any invoice or account statement (collectively "Invoice"),take precedence over the terms and conditions of this ToS to the extent there is a conflict, (i) any Invoice you receive is deemed correct, but you may dispute a charge on an Invoice, but only within fifteen (15) days of receipt of the Invoice and Trucker Path's log records shall be the sole source of dispute resolution; (iii) that if Trucker Path in its sole discretion, offers you the ability to pay an Invoice directly to Trucker Path by check or ACH, that you represent, warrant and agree to maintain correct billing information in your account at all times.
by using our Service you agree your contact information may be displayed, used, and accessed by any other user of our Service. Contact information includes but is not limited to, your name, your company name, your MC and/or DOT numbers, your phone number and your email address. You understand and acknowledge that it is the users of our Service who provide the contact information and Trucker Path makes no warranty regarding the accuracy of any such contact information.
Shipping. As a TSP, you are obligated to complete the transaction with the Shipper if you accept the latter's offer unless the transaction is prohibited by law or by this ToS. By accepting a shipper's offer, you agree to be bound by the conditions of the offer included in the offer details so long as those trip details are not in violation of this ToS or unlawful.
Transportation. You must legally be able to transport the shipments you book on the Service. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements. You acknowledge that our Service exists for its users to make a fully informed decision about your bookings, services offering, policies and procedures. Therefore, you shall disclose to every user of our Service that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. If you negotiate to provide services on any shipment and your negotiation is accepted by the Shipper, you are obligated to perform the transportation services offered in your booking at the accepted booked price. If the Service provides distance calculations and driving directions (or links to third party driving directions) to users as part of our Service, we are not responsible for the accuracy of this information.
You solely are responsible for any information you provide to us or other users in the registration, shipping, or transportation process. Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent.
Our Service, Site and App act as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post through our Service, Site and/or App that is in violation of this ToS, illegal, threatening, or lewd. You acknowledge and agree that our Service, Site and/or App act as a passive conduit for any of your online communication or distribution of content or information.
will not involve the upload, or insertion of, any programming language or code into or onto our Service, Site and/or App.
Confidentiality/Non-Disclosure. As a result of the performance of this ToS and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this ToS. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited, and Trucker Path reserves all rights and remedies for any such disclosure. All obligations contained herein shall survive the termination of this ToS. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
Taxes.You are responsible for collecting and remitting any and all taxes associated with the transactions or use of our Service, Site and/or App.
Record Keeping/Audit. We reserve the right to keep all records of any and all transactions and communications between you and other users of our Service, Site and/or App for administration purposes.
Open Source and Third Party Software. The Service may include open source software or third party software. Any such software is made available to you under the terms of the applicable licenses.
Third Party Services and Linked Websites. The App may include third party services, and by using these third party services you agree to their respective terms of service. Third party services are not under our control, and we are not responsible for any third party service's use of your exported information. The Service may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content. The Service may receive from, or display information provided by, additional third party services. These third party services may have their own terms and conditions and by using the Service you agree to be bound by them. Such third parties include, but are not limited to, Transcredit Terms and Conditions and Saferwatch Terms and Conditions.
Third Party Materials Certain portions of the Service may include, display, or make available content, data, information, applications or materials from third parties ("Third Party Materials"). You understand that by using the Service, you may encounter Third Party Materials and other content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that may automatically and unintentionally contain links or references to objectionable material. Nevertheless, you agree to use the Service at your sole risk and that Trucker Path shall not have any liability to you for 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.
You agree to comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of our Service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
You agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Trucker Path is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Service.
You agree: (1) not to use the Service while driving, and (2) to either only use the Service after you have stopped your vehicle in an appropriate location permitted by law or have a passenger other than the driver use the Service, provided it does not interfere with the due course of driving and does not distract the driver.
You agree not to use the Service in a way that distracts you and prevents you from obeying traffic or safety laws.
Your access or use of the Service is not for the purpose of competing with Trucker Path with respect to its services offered. You agree any violation shall create irreparable harm.
You agree not to do any of the acts described in this Section 16 or to assist or permit any person in engaging in any of the acts described in this Section 16. Any violation of this Section 16 may result in termination of your account, and that in addition to any other remedies, Trucker Path may seek other relief in law or in equity.
that any eligible refunds are processed solely through the payment platform which you used to pay the subscription fee.
Location Based Services. Some of the features of the Service enable Trucker Path to tailor your experience based on your location ("Location-based Services"),such as to make offers, event updates, 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 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 location data, Trucker Path may nonetheless have access to location information contained in media content meta data, 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 App, you will not be able to utilize certain features of the Service. By authorizing Trucker Path to access your location or media files containing location based meta data, you agree and acknowledge that (i) location data we collect from you is directly relevant to your use of the Service and (ii) Trucker Path may, for so long as you allow Trucker Path to access such location data or meta data, provide Location-based Services related to your then-current location. PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, WHETHER COLLECTED ORIGINALLY BY THE APP 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 apps you agree to be bound to the terms of such Location-based-Services. For Google such terms can be found here: Google Terms of Service.
Ownership. The Service, Site, App and the media and materials contained therein contain copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all rights, title, and interests thereto. Our trademarks, tradenames, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") are owned or licensed for use by us. Unless otherwise agreed to in an addendum to this ToS, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this ToS or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks. Except for the limited license expressly granted by and to you under this ToS, no other rights, licenses, or immunities are granted or shall be deemed to be granted under this ToS, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Trucker Path hereunder are expressly reserved.
Termination. The ToS is effective until terminated by you or Trucker Path. Your rights under this license will terminate automatically without notice from Trucker Path if you fail to comply with any term(s) of this ToS (including by violating any license restriction provided herein). In addition, Trucker Path may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate this ToS at any time by uninstalling the App and ceasing use of the Service. Upon any termination of the ToS, you must immediately cease all use of the Service, and destroy all copies, full or partial, of the App. Terms which by their nature should survive, including but not limited to Sections 1,3,-12, 17-28, 30 will survive termination of this ToS for any reason.
No Agency You hereby agree and acknowledge that your acceptance of this ToS, your provision of transportation services and/or your use of our Service, Site and/or App, does not confer or imply any contractor (independent or otherwise),agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.
Indemnity. You agree to defend, indemnify, and hold Trucker Path, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (i) your access, use, or misuse of the Service or the content, (ii) the information you provide to the Service or other users of the Service, (iii) your violation of this ToS, or (iv) if you are a TSP, the provision by you of transportation services.
NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING YOUR RELIANCE ON ANY ANNOUNCEMENT THAT IS TRANSMITTED OR RECEIVED ON OR THROUGH THE SERVICE, IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, 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 SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS 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 SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. TRUCKER PATH DISCLAIMS ANY WARRANTIES RELATING TO THE ACCURACY OF THE MAPS, CONTENT, ROAD CONDITIONS, DRIVING DIRECTIONS, OR NAVIGATION ROUTES PRESENTED OR DISPLAYED IN OR BY THE SERVICE. 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.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TRUCKER PATH OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE, INCLUDING WITHOUT LIMITATION, USING THE SERVICE OR YOUR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, RESTITUTION OR OTHERWISE) AND EVEN IF TRUCKER PATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRUCKER PATH'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, 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.
THIRD PARTY DISPUTES. TRUCKER PATH IS NOT AFFILIATED WITH ANY SHIPPER OR TRANSPORTATION SERVICE PROVIDER, AND ANY DISPUTE YOU HAVE WITH ANY SHIPPER OR TRANSPORTATION SERVICE PROIDER, OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER USER OF THE TRUCKLOADS SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE TRUCKER PATH (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, 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."
Governing Law. The laws of the State of Texas, excluding its conflicts of law rules, govern this ToS and your use of the Service. To the extent that any action relating to any dispute hereunder 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 Travis County, Texas, and you hereby irrevocably submit to personal jurisdiction in such courts.
International Use. The Service is controlled and operated from within the United States. Trucker Path makes no representation that the Service is appropriate or available in locations outside the United States. Those who choose to access the Service 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 laws regulating the export of data from the United States or your country of residence.
Modification of this ToS. We reserve the right, at our discretion, to modify this ToS on a going-forward basis at any time, with or without prior notice, and such changes will be effective in accordance with the following. In the case of material changes to this ToS, Trucker Path will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism. The modifications to the ToS will be effective upon the earlier of (i) your first use of the Service with actual notice of such change, or (ii) 30 days from posting of such change. Your use of the Service following the date that any such change becomes effective constitutes your agreement to be bound by the modified ToS. If you do not agree to the modified ToS, your sole and exclusive remedy is to terminate your account and you may no longer use the Service. Disputes arising under this ToS will be resolved in accordance with the version of the ToS that was in effect at the time the dispute arose.
Contacting Trucker Path. You can contact Trucker Path, Inc. by email at support@truckerpath.com, or by U.S. post at 205 W. 9th St. 4th Floor Austin TX 78701.
Obtaining a Copy of this ToS. You may have this ToS mailed to you electronically by sending a letter to the address in Section 32 with your electronic mail address and a request for a copy of this ToS.