Terms of use

Thank you for using services provided by TruckViewer Inc. (“TruckViewer”). These Terms of Use contain the terms under which TruckViewer provides the services to you and your authorize users (“Authorized Users”) and describes how the Services may be paid for, accessed, and utilized.

You and any Authorized Users indicate your agreement to these Terms by downloading, installing or otherwise using or accessing the Services or by clicking or otherwise acting to manifest your consent hereto. If you will be using the services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

1. AGREEMENT FOR SERVICES: This Agreement describes the terms governing your use of the TruckViewer online services provided to you on this website or via a TruckViewer application, including content, software, updates and new releases (collectively, the “Services”).

2. LIMITS ON YOUR RIGHTS TO USE THE SERVICES: The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services you have paid for, and only for the purposes described by TruckViewer. TruckViewer reserves all other rights in the Services including ownership of all intellectual property rights in any software provided by Truckviewer that you may use in conjunction with the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with the terms of this Agreement, TruckViewer grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services. You may not reproduce, modify, copy, deconstruct, sell, trade or resell the Services without the prior written consent of Truckviewer.

TruckViewer may limit, suspend, or stop providing the Services to you if you fail to comply with any of these Terms of Use (such as a failure to pay fees when due), or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. TruckViewer may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where TruckViewer may decide that we need to take immediate action without notice. TruckViewer has no obligation to retain your Content upon termination of the applicable Service. If TruckViewer, Inc. stops providing the Services to you because you repeatedly or egregiously breach these Terms, TruckViewer, Inc. may take measures to prevent the further use of the Services by you, including blocking your IP address.

3. PAYMENT TERMS: Services are offered on a payment or subscription basis, and the following terms apply:

  1. You must pay using a payment method acceptable to TruckViewer;
  2. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse your use of the Services.
  3. If you do not notify us of changes in or updates to your payment method (e.g., if your credit card expires), you may experience an interruption of your service.
  4. TruckViewer may automatically bill for Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
  5. Unless otherwise stated, you are responsible for any taxes (other than TruckViewer’s income tax) or duties associated with the sale of the Services (collectively, “Taxes”). If TruckViewer, Inc. is obliged to collect or pay Taxes for the Services, the Taxes will be invoiced to you, unless you provide TruckViewer, Inc. with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged.
  6. TruckViewer, Inc. may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. TruckViewer, Inc. will provide you with reasonable notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

4. USE WITH PORTABLE ELECTRONIC DEVICES: Use of these Services may be available through a variety of compatible portable electronic devices, including Elecronic Logbooks, and may require software or hardware requirements to be maintained on such device in order to access or use the Services. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

TRUCKVIEWER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

  1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
  2. COMPATABILITY WITH ANY SOFTWARE OR HARDWARE OTHER THAN THOSE EXPRESSLY LISTED AS BEING COMPATABLE WITH TRUCKVIEWER SERVICES; AND
  3. ANY FAILURE TO TRANSMIT ANY DATA OR COMMUNICATIONS FAILURES CONNECTED WITH THE SERVICES.

5. YOUR PERSONAL INFORMATION: You can view TruckViewer’s Privacy Statement. You agree to the applicable TruckViewer Privacy Statement, and any changes published by TruckViewer. You agree that TruckViewer may use and maintain your Content according to the TruckViewer Privacy Statement, as part of the Services. You give TruckViewer permission to combine non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other TruckViewer services. For example, this means that TruckViewer may use your and other users’ non-identifiable, aggregated data to improve the Services.

6. CONTENT:

  1. 6.1 You are responsible for your content. You are responsible for all materials, data, and personal information ("Content") uploaded, posted or stored through your use of the Services and the accuracy thereof. You grant TruckViewer a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. TruckViewer recommends that you save your Content frequently. You are responsible for any lost or unrecoverable Content. TruckViewer is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
    1. Illegal, fraudulent, defamatory, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind;
    2. Content that would impersonate someone else or falsely represent your identity, or that constitutes a breach of any individual’s privacy;
    3. Viruses, trojan horses, worms or other disruptive or harmful software or data; and
    4. Any information, software, or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
  2. 6.2 TruckViewer may monitor your Content. TruckViewer may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect TruckViewer or its customers, or operate the Services properly. TruckViewer, in its sole discretion, may refuse, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
  3. 6.3 Account Management. Keep your passwords safe and secure. When you setup a password in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not TruckViewer are responsible for any activity occurring in your account by others, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify TruckViewer immediately. TruckViewer, Inc. occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, TruckViewer, Inc. will not be liable for any failure to store, or for loss or corruption of, your Content. TruckViewer, Inc. may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 6 months or within a reasonable period of time after termination of the Services to you.

7. ADDITIONAL TERMS:

  1. 7.1 Professional Advice. TruckViewer is not in the business of providing legal, financial, accounting, tax, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
  2. 7.2 Password Management. You are responsible for securely managing your password(s) for the Services and to contact TruckViewer if you become aware of any unauthorized access to your account.
  3. 7.3 Updates. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

8. USERS:

  1. 8.1. Types of Users. The Services typically allow for various the following access and user rights: When you initially register for and create an account for a Service, you are, or a party that you authorize is, the administrator (“Administrator”). Administrators may authorize additional individuals to access the Services through the same account (“Authorized Users”). The number of Authorized Users may be limited based upon the subscription you purchase. Authorized Users may include, for example, drivers, dispatchers, and bookkeepers. All Authorized Users will be required to accept these terms before accessing the Services and their use of the Services shall manifest their intent to be bound hereby.
  2. 8.2. For Administrators. As an Administrator, you may designate another individual as a replacement Administrator. You agree that Additional Users are TruckViewer customers, but that you are responsible for your Additional Users’ access to the Services. Depending on the types of access rights you grant to Additional Users, Additional Users may be able to delete, copy, or view the Content accessible in your account and add charges to the subscription. As Administrator, you are responsible for the access to the Services you grant to Additional Users. If you choose to close or terminate your access to a Service, Additional Users may no longer be able to access such Service or any of the Content within such Service. You agree to provide sufficient notice to Additional Users of your desire to terminate access to the Services before taking such actions. A violation of any terms of this Agreement by an Additional User may result in the termination of an Administrator's or any Additional User's access to the Services.
  3. 8.3. For Additional Users. As an Additional User, you understand that you are accessing the Service as an Additional User and you may not have the same level of access or the same rights as an Administrator. Depending on the types of rights you are granted by the Administrator, you may be able to delete, copy, or view other User’s Content and data. Please make sure that you have an agreement with the Administrator about your role and rights. If an Administrator chooses to close or terminate access to a Service, Additional Users may no longer be able to access such Service or any of the Content within such Service. As an Additional User, you understand that if you violate this Agreement, your access to our Services may be terminated.

9. LIMITATION OF LIABILITY AND INDEMNITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF TRUCKVIEWER, ITS AFFILIATES AND DISTRIBUTORS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, TRUCKVIEWER, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET TRUCKVIEWER SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF TRUCKVIEWER AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF TRUCKVIEWER, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold TruckViewer and its affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). TruckViewer reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by TruckViewer in the defense of any Claims.

10. CHANGES: We reserve the right to change these terms at any time, for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes. If you do not want to agree to any changes made to the terms of service or to changes to a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms and Services.

11. TERMINATION: TruckViewer may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect TruckViewer’s rights to any payments due to it.

12. DISCLAIMER OF WARRANTIES:

  1. 12.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TRUCKVIEWER, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. TRUCKVIEWER AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
  2. 12.2 TRUCKVIEWER, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

13. GOVERNING LAW: Delaware state law governs this Agreement.

14. DISPUTES: ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY MEDIATION, THE COSTS OF WHICH SHALL BE BORN EQUALLY BY THE PARTIES. FAILURE TO ENGAGE IN MEDIATION SHALL PRECLUDE A PARTY COMMENCING ANY LITIGATION OR ARBITRATION FROM THE RIGHT TO RECOVER ATTORNEY FEES EXCEPT THAT IN LIEU OF MEDIATION AND ARBITRATION, YOU OR TRUCKVIEWER MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR OR TRUCKVIEWERS OTHERWISE SO CLAIMS QUALIFY. Following any mediation which does not result in an agreed resolution, the matter may be brought for Arbitration. The arbitrator shall apply Delaware law. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND TRUCKVIEWER ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to TruckViewer Inc. in care of our registered agent: The Incorporating Company LLC, 42 Read’s Way, New Castle, DE, 19720. The costs of the Arbitration shall be born equally and the non-prevailing party shall reimburse the prevailing party as determined by the Arbitrator. This Section 14 shall survive expiration, termination or rescission of this Agreement.

15. ENTIRE AGREEMENT AND ASSIGNMENT: This Agreement, including the Additional Terms below, is the entire agreement between you and TruckViewer and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement to anyone without written approval of TruckViewer. However, TruckViewer may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by TruckViewer or (c) a successor by merger. Any assignment in violation of this Section shall be void.