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.
Publish Date: April 14, 2017
As provided in greater detail in this EULA (and without limiting the express language of the EULA below),you agree and acknowledge that the EULA includes the following material terms:
- the App is licensed, not sold to you, and you may use the Service only as set forth in this EULA;
- your use of the Service may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- access to certain features of the Service may require access to information about the location of your device, such as GPS coordinates;
- the Service is provided “as is” without warranties of any kind and Trucker Path’s liability to you is limited;
- the App requires access to the following services on your mobile device: UDID, MAC address, or other applicable device identifier, phone state and identity, audio and microphone access, internet and data services;
- if you are using the App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple” below,
- the Service is available on mobile devices. Always drive vigilantly according to road conditions and in accordance with traffic laws. YOU AGREE NOT TO USE THE SERVICE IN A WAY THAT DISTRACTS YOU AND PREVENTS YOU FROM OBEYING TRAFFIC OR SAFETY LAWS; and
- 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.
- Eligibility. You must be at least eighteen (18) years of age to use the Service. By agreeing to this EULA, 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 EULA and you agree to be bound by this EULA 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 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 email@example.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 EULA, 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 (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 EULA 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.
- Paid Subscription Licenses.Trucker Path reserves the right to offer for fee subscriptions for any or all parts of the Service. If you elect to use a for fee subscription Service you additionally agree:
- that you are opting into using the subscription;
- that Trucker Path in its sole discretion may make or change the features or offers available in for fee subscriptions at any time;
- that you are bound by the terms and conditions of the payment platform you use to pay the subscription fee; and
- that any eligible refunds are processed solely through the payment platform which you used to pay the subscription fee.
- Sweepstakes. From time to time, Trucker Path may conduct sweepstakes or contests. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.
- Third Party Services and Linked Websites. Trucker Path may provide tools through the Service that enable you to export information to third party services, including through features that allow you to link your account on Trucker Path with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party 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. Such third parties include, but are not limited to,
Transcredit, and Saferwatch.
- Content You Submit. The Service includes features that enable you to upload certain materials to Trucker Path’s servers, to enable certain processing of those materials by Trucker Path, and to share them with your contacts and other users of the Service. The following terms apply to your use of such features to manage and share media content across the Service. You agree that you are solely responsible for, and assume all liability and consequences regarding, the text, audio, messages, photos, images, and other similar media content that you submit through the Service along with all associated meta data (which may include without limitation your device type, as well as date, time, application and location data associated with the creation and/or submission of a particular piece of content) (collectively “User Content”). For clarification purposes, User Content does not include data submitted to the App that is used to enable features of the Apps which are not designed specifically for “User Content” including but not limited to finding and booking loads, and truck or equipment posting.
- You retain ownership of all of your rights in your User Content and Trucker Path does not obtain any ownership of rights in your User Content, but in order for Trucker Path to provide the Service we need certain permission from you. Accordingly, you hereby grant Trucker Path a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license, without obligation, to use, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, modify and otherwise utilize your User Content and modifications and derivatives thereof (including without limitation the right to include, append, integrate, embed, or incorporate advertising, and to format or otherwise adapt your User Content as necessary or useful to conform to the requirements, limitations, or capabilities of the various formats, networks, devices, services, and media to which your User Content may be implemented) in connection with providing the Service to Trucker Path’s (and its successors’ and affiliates’) users. You agree that Trucker Path is not obligated to publish any User Content, and reserves the right to remove any User Content from the Service at any time for any reason, and is not obligated to pay or share any revenues with you in connection with your User Content, any associated advertising, or otherwise.
- By posting and sharing User Content with another user of the Service, you grant that user a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
- You represent, warrant, and covenant that (1) you either are the sole and exclusive owner of all User Content that you submit to the Service, or you have all rights, licenses, consents and releases that are necessary to grant to Trucker Path the rights in such User Content as contemplated under this EULA, and (2) neither the User Content you submit to the Service nor your creation of, accessing, posting, submission or transmission of such User Content or Trucker Path’s exercise of the rights granted above to such User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including without limitation restrictions on obscenity, child pornography, wire tap laws or other similar restrictions on nonconsensual recording, or otherwise),or give rise to any right of payment of any amounts to any third party.
- You agree not to submit User Content that: (1) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes discrimination, bigotry, racism, or hatred, or is inappropriate for the type of form or field on the Service for which you are providing User Content, as determined by Trucker Path in its sole discretion; or (2) introduces viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code.
- 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.
- Digital Millennium Copyright Act
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Trucker Path, Inc.
205 W. 9th St. 4th Floor
Austin TX 78701
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Repeat Infringers. Trucker Path will promptly terminate without notice the accounts of users that are determined by Trucker Path to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.
- 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, such as third party advertisements and promotional content (collectively, “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.
- Your Use of the Service and the Content. Your rights to use the Service are expressly conditioned on the following:
- You agree and understand that the Service, including any Content therein, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
- Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without prior written authorization;
- You agree not to bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage;
- You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
- You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Service account without permission;
- You agree not to decipher, reverse engineer, decompile or disassemble the Service or the Content, or the software used to provide the Service or the Content, in whole or in part, or authorize, direct, or cause a third party to do so;
- You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the Content, or any portion thereof, unless and solely to the extent Trucker Path makes available the means for embedding any part of the Service or the Content;
- You agree not to access, tamper with, or use non-public areas of the Service, Trucker Path’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Trucker Path’s providers;
- 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.
- You agree that your use of the App may incur third party fees, such as fees charged by your Carrier for data usage, and may be subject to third party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms;
- 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 10, or to assist or permit any person in engaging in any of the acts described in this Section 10. Any violation of this Section 10 may result in termination of your account.
- Shippers and Carriers. If you are using the Service through our Truckloads feature as a commercial shipper, agent or broker (collectively, “Shippers”),or as a Carrier, you also agree to the additional terms in this section 11:
- Any Shipper must be a bona fide shipper, freight broker, third-party logistics provider (“3PL”),freight forwarder, intermodal or rail company or motor carrier of a legal age to operate and to enter into an agreement of this nature.
- You shall maintain appropriate authority and will cease immediately to use the Service if for any reason you no longer maintain such authority.
- You will not represent yourselves as operating under the authority of any company without express permission from such company.
- You will not attempt to broker freight without proper legal authority.
- You will not enter into any transaction to transport freight without the appropriate carrier authority.
- You will not enter into any transaction to transport freight without the appropriate level of insurance coverage or bond.
- You will not enter into a transaction to transport freight outside the geographic bounds of your carrier authority.
- You will not enter into a transaction to transport commodities you are not authorized to transport.
- That your use of the Service is solely for your commercial purposes related to your movement of freight or other services offered on the Service and that You shall not reproduce, republish, resell, or distribute such information in any format, in whole or in part, for sale or commercial use by third parties.
- You acknowledge that you are responsible for verifying the accuracy of any information available on the Service, including but not limited to information about loads, truck or equipment, and that you are not solely relying on the information available in the Service to contract with a Carrier or Shipper.
- You agree that neither Trucker Path nor the Service is liable or responsible to you or the recipient of your shipments for any shipments you contract for through our Service that may become lost or cannot be located while in transit;
- You agree that tracking the locations of your shipments through the Service does not guarantee your shipments will be delivered at the time you specified;
- You agree not to ship and track through our Service contraband, stolen products, products that are illegal to transport via freight, or any other products we consider inappropriate;
- As shipper, you agree to insure your shipments displayed through the Service;
The Service does not provide transportation services, and the Service is not a transportation carrier. It is up to the third party transportation provider, driver or vehicle operator to offer transportation services which may be scheduled through use of the Service. The Service offers information and a method to obtain such third party transportation services but does not and does not intend to provide transportation services in any way as a transportation carrier, and has no responsibility or liability for any transportation services provided to you by such third parties.
- As a Carrier, if you provide us with your equipment type, you agree to allow us to use it to suggest, offer, promote or connect you with potential loads or 3PL parties. Furthermore, you approve of the use or display of your Carrier safety ratings and insurance certificate, as provided by the FMCSA or other authority, in the Service, and agree that Trucker Path shall have no liability to you or any third party for any incorrect or inaccurate data in such ratings.
- By using the Service you agree your contact information may be displayed, used, and accessed by any other user of the 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 the Service who provide the contact information and Trucker Path makes no warranty regarding the accuracy of any such contact information.
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, serve advertisements, 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.
Feedback. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending Trucker Path or our employees any ideas for products, services, features, modifications, enhancements, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, computer code, or other materials (collectively “Feedback”),then regardless of what your accompanying communication may say, the following terms shall apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Trucker Path, you agree that:
- Trucker Path has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
- Feedback is provided on a non-confidential basis, and Trucker Path is not under any obligation to keep any Feedback you send confidential or to refrain from using it in any way;
- You irrevocably grant Trucker Path and its successors and assigns perpetual and unlimited permission to use, reproduce, modify, and distribute, display, and perform Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services which incorporate or embody Feedback whether in whole or in part, and whether as provided or as modified.
- Ownership. The Service, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Trucker Path and its licensors, provided that your User Content, and your intellectual property rights therein, remain your property. Except for the limited license expressly granted by and to you under this EULA, no other rights, licenses, or immunities are granted or shall be deemed to be granted under this EULA, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Trucker Path hereunder are expressly reserved.
- Termination. The EULA 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 EULA (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 EULA at any time by uninstalling the App and ceasing use of the Service. Upon any termination of the EULA, you must immediately cease all use of the Service, and destroy all copies, full or partial, of the App. Section 1 and Sections 3 through 25 will survive termination of this EULA for any reason.
- 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 User Content, (ii) your access, use, or misuse of the Service or the Content, or (iii) your violation of this EULA.
- 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 IN VIOLATION OF TRAFFIC OR SAFETY LAWS, OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT 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 INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD, INCLUDING WITHOUT LIMITATION, TRAFFIC LIGHTS AND TRAFFIC SIGNS, INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.
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 CARRIER, SERVICE PROVIDER, OR ADVERTISER, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, ADVERTISER, OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER USER OF THE TRUCKER PATH 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, 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 license 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 EULA. We reserve the right, at our discretion, to modify this EULA 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 EULA, 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 EULA 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 EULA. If you do not agree to the modified EULA, your sole and exclusive remedy is to terminate your account and you may no longer use the Service. Disputes arising under this EULA will be resolved in accordance with the version of the EULA that was in effect at the time the dispute arose.
- Contacting Trucker Path. You can contact Trucker Path, Inc. by email at firstname.lastname@example.org, or by U.S. post 205 W. 9th St. 4th Floor Austin, TX 78701.
- Obtaining a Copy of this EULA. You may have this EULA mailed to you electronically by sending a letter to the address in Section 26 with your electronic mail address and a request for a copy of this EULA.
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- NOTICE REGARDING APPLE. To the extent that you are using our mobile applications on an iOS device, you further acknowledge and agree to the terms of this Section 28. You acknowledge that these Terms are between you and Trucker Path only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You may contact us at email@example.com.