TruckingOffice Terms of Service
Any new Trucking Software Features or services, including, but not limited to, those that augment or enhance the Service, including the release of new tools and resources, shall be subject deemed to be “Services” hereunder and subject to these Terms of Service. TruckingOffice reserves the right to update and change the Terms of Service from time to time, and shall post any updated or changed Terms of Service to the website or will otherwise provide you with notice. Your use of the Service after any such changes are posted to the website shall constitute your consent to such changes, which shall be deemed to apply from the date of posting, unless you terminate your subscription or other use of the Service upon notification of the change or immediately after your next use of the Service, whichever occurs earlier. If you do not agree to the changes, you must immediately discontinue your access to and use of the Service. Your continued access to or use of the Service will constitute your agreement to be bound by such changes. You can review the most current version of the Terms of Service at any time at: Terms of Service
Your access to and use of the Service is subject at all times to your compliance in full with these Terms of Service. Violation of any of the terms below may result in the termination of your Account in the sole and absolute discretion of TruckingOffice.
- You must be 13 years or older to use this Service.
- Accounts registered by automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process, which information must be complete and accurate. If any of such information changes, you agree to promptly update your account with us.
- You are solely responsible for maintaining the security of your account and password. TruckingOffice cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all activity that occurs under your account (even if the activity is conducted by a user other than you under your account).
- If we offer free or trial accounts, we may discontinue those accounts at any time. We will provide you with at least 30 days notice if we will discontinue your free account, so that you may have an opportunity to remove your data from the Service and terminate your use thereof. If you continue to use the Service thereafter, your account shall be automatically converted to a fee-based subscription and be subject to our standard fee structure, available on the website. Further, each customer may not maintain more than one free account. For this purpose, each member of an affiliated group of companies, and spouses shall be deemed one customer. If a customer maintains more than one account, each additional account shall be subject to our standard fee structure, available on the website.
- You may not use the Service for any illegal or unauthorized purpose. You agree to not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You are solely responsible for downloading and backing up all data and other information that you store on or provide through the Service. Further, you are solely responsible for ensuring that all data and other information that you store on or provide through the Service is accurate. TruckingOffice shall have no responsibility for lost, stolen, inaccurate or misleading data or other information stored on or provided through the Service.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid and authorized credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- The Service is billed on a monthly basis in advance of the month in which the Services will be provided. All fees are non-refundable, except as expressly provided in the Refund Policy. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
- Your subscription will be automatically extended at the then-current subscription rate for successive renewal periods of the same duration of your subscription term until we receive notice from you of your intent to terminate the Services in accordance with these Terms of Service.
- You hereby authorize us to charge your credit card on a monthly basis for the fees for your use of the Service until such time as your subscription is terminated. We will provide notice of any change to our fee structure or Refund Policy prior to the effective date of such changes. If you have a paying account, such changes will be effective for the immediately following subscription term (if the term is month-to-month, such changes will be effective in the following month) unless you terminate your paying account prior to the billing date, and you hereby authorize us to charge your credit card the applicable fees at the new levels.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes imposed on TruckingOffice’s income or gross margin.
- For any upgrade or downgrade in your service plan, we will automatically charge your credit card that you provided the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of data, features, or capacity of your Account. TruckingOffice does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. A written or phone request to cancel your account is not considered cancellation. You can cancel your account at any time and for any reason by clicking on the Profile link after logging in to the Service. The Company Profile screen provides a simple cancellation link.
- ALL OF YOUR DATA WILL BE PERMANENTLY DELETED FROM THE SERVICE 30 DAYS AFTER CANCELLATION. Once removed from the Service, your information cannot be recovered. If you wish to preserve any data or other information that you have stored on or provided through the Service, you must print, download and/or backup such data prior to such date.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and we will not charge your account again.
- TruckingOffice, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other TruckingOffice service, at any time and for any reason or no reason, including, but not limited to, by reason of your nonpayment of any amount when due. Such suspension or termination of the Service may result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account.
- TruckingOffice reserves the right to refuse service to
anyone for any reason at any time.
Modifications to the Service and Prices
- TruckingOffice reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of the Service, including but not limited to monthly subscription plan fees to the Service, are subject to change. We will post all changes to our fee structure to the Service itself.
- TruckingOffice shall not be liable to you or to any third party in the event or with respect to any modification, price change, suspension or discontinuance of the Service.
Copyright, Trademark, Data Ownership
- TruckingOffice does not pre-screen data, but TruckingOffice and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any data that is available via the Service.
- The content, look and feel of the Service is copyright ©2010-2017 TruckingOffice, LLC, all rights reserved, and contains various trademarks of TruckingOffice. You may not duplicate, copy, or reuse any portion of the Service, including but not limited to HTML/CSS or visual design elements, or our trademarks, without express written permission from TruckingOffice.
- All data that you store on or provide through the Service will, as between TruckingOffice and you, be owned solely by you.
- If you have comments on the Service or ideas on how to improve it, please email us at help at truckingoffice.com. Please note that by doing so, you also grant TruckingOffice and third parties permission to use and incorporate your ideas or comments into the Service (or third party software or content) without further compensation or approval.
- You acknowledge and agree that TruckingOffice set the pricing for the Service in reliance upon the Terms of Service and Refund Policy, including the various exclusions and limitations of warranties and liabilities. The Services would be priced substantially higher if the Terms of Service and Refund Policy did not contain these exclusions and limitations. You therefore agree to assume all these risks. TruckingOffice is not an insurer. If you desire protection against business interruption or other risks of loss, you need to purchase insurance from an insurance company or other source.
- Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. TruckingOffice provides no warranty, express or implied, including but not limited to the implied WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, WORKMANLIKE MANNER, or NONINFRINGEMENT.
- While you may use certain of the information stored on or provided through the Service for purposes of evidencing your compliance with certain legal requirements (including, but not limited to, requirements of various State or Federal Departments of Transportation), the Service has not been designed to ensure compliance with any such laws, rules or regulations, and you bear the sole responsibility for understanding and ensuring that you comply with all applicable legal requirements and that the information that you store on or provide through the Service is appropriate and/or sufficient for such purposes. Further, you represent, warrant and covenant that you have and will at all times have all rights necessary to use the Service and store information on and provide information through the Service, including, but not limited to, the written consent of all drivers and other individuals with respect to whom information will be stored on the Service.
- TruckingOffice does not warrant that (i) the Service complies or will comply with any legal requirements to which you may be subject or that the Service is structured such that the information you store on or provide through the Service will be appropriate or sufficient for evidencing your compliance with any particular law, rule or regulation; (ii) the Service will meet your specific requirements (including, but not limited to, any legal requirements); (iii) the Service will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Service will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; (vi) it will not lose or corrupt your data; and (vii) any errors in the Service will be corrected.
- TruckingOffice provides technical support only to paying account holders and via only electronic means provided inside the application. We do not provide any on-site or telephone support.
- You understand that TruckingOffice uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You shall not modify, adapt, hack or reverse engineer the Service or modify another website so as to falsely imply that it is associated with the Service, TruckingOffice, or any other TruckingOffice service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by TruckingOffice.
- We may, but have no obligation to, remove data and other information as well as Accounts containing data or other information or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s rights or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any TruckingOffice customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You shall not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You shall not transmit any worms or viruses or any code of a malicious or destructive nature.
- If your use of the Service negatively affects other customers of the Service (as determined solely by TruckingOffice) we reserve the right to immediately suspend or terminate your account or reduce your access without notice.
- The Service and website may contain advertisements and links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to users of the Service. Such Linked Sites are not under TruckingOffice’s control, and TruckingOffice is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER TRUCKINGOFFICE NOR ITS VENDORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRUCKINGOFFICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR LOSS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST TRUCKING
OFFICE ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY BREACH, ACT OR OMISSION ON THE PART OF TRUCKINGOFFICE OR ITS VENDORS, SHALL BE YOUR RIGHT TO CANCEL THE SERVICE AT ANY TIME AND RECEIVE A REFUND IN ACCORDANCE WITH AND TO THE EXTENT PROVIDED BY THE REFUND POLICY.
- WITHOUT LIMITING THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED ELSEWHERE IN THESE TERMS OF SERVICE, IN NO EVENT SHALL TRUCKINGOFFICE BE LIABLE FOR MORE THAN THE TOTAL FEES PAID BY YOU FOR THE SERVICES PROVIDED DURING THE MONTH IN WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED, SUCH AMOUT BEING INTENDED TO BE A CUMULATIVE LIMIT AND NOT PER INCIDENT, AS YOU MAY TERMINATE THE SERVICE AT ANY TIME THAT SUCH LIMIT IS NOT ACCEPTABLE TO YOU.
- You agree to indemnify and hold TruckingOffice and its affiliates and vendors harmless from and against any and all claims, demands, suits, proceedings, liabilities, damages, costs, expenses, awards and losses, including reasonable attorneys fees, suffered or incurred by TruckingOffice or any of its affiliates or vendors on account of any breach by you of any of the these Terms of Service or otherwise arising out of your use of the website or the Service.
- In the event any provision of these Terms of Service is held invalid, illegal or unenforceable, the remainder of the provisions of these Terms of Service will in no way be affected, impaired or invalidated, and to the extent permitted by applicable law, any such provision shall be restricted in applicability or reformed to the minimum extent required for such provision to be enforceable.
- TruckingOffice has the right to make public references to you and to disclose in TruckingOffice’s website and promotional materials that it is providing the Services to you.
- If any provision of these Terms of Service is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and these Terms of Service shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof, and the unenforceable provision shall be automatically amended so as best to accomplish the objectives of such unenforceable provision within the limits of applicable law.
- The website and the Service is controlled and operated by TruckingOffice from within the United States. TruckingOffice makes no representations that materials contained on, within or through the website or the Service are appropriate or available for use in other locations, and access to and use of the website and the Service from locations where such activity is illegal is prohibited. Those who choose to access or use the website or Services from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
Questions about the Terms of Service should be sent to help at trucking office dot com
Last Updated: May 21, 2013