TruckersMath.com Terms of Service
TruckersMath.com reserves the right to change the terms, conditions, and notices, including but not limited to the charges associated with the use of the TruckersMath.com. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND COMMERCIAL USE LIMITATION
Unless otherwise specified, TruckersMath.com is for your personal and commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from TruckersMath.com.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own use, or to use for records. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of TruckersMath.com is strictly prohibited.
Harassment in any manner or form on the Site, including via e-mail or by obscene or abusive language is strictly forbidden. Impersonation of others, including TruckersMath.com employees, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or activation process. These terms and conditions, may be modified or terminated by TruckersMath.com without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
Term. This Agreement shall remain in full force and effect while you use the TruckersMath.com Services or are a Member. You may terminate your Membership at any time, for any reason, TruckersMath.com may terminate your Membership at any time, without warning.
Fees. You acknowledge that TruckersMath.com reserves the right to charge for the TruckersMath.com Services and to change its fees at our discretion. If TruckersMath.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. TruckersMath.com is owned by Web Shopping Systems, Inc. All credit card billing will reference Web Shopping Systems.
Cancellation. You may cancel the use of our services at any time. Cancellation must be in writing and delivered to admin@TruckersMath.com. There will be no refund of monthly subscription fees charged before cancellation. If you purchased service in advance, we will calculate the portion of the package you have used and apply our standard monthly rate for the service. Excess fees that exist after adjusting the service fees will be refunded to you. You will not be billed again after notice of cancellation.
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify TruckersMath.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Eligibility. Use of and Membership in the TruckersMath.com Services is void where prohibited. By using the TruckersMath.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information.
COPYRIGHTS AND TRADEMARKS
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of TruckersMath.com. The collective work includes works that are licensed to TruckersMath.com. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to TruckersMath.com, or other respective owners that have granted TruckersMath.com the right and license to use such Marks.
In the event a TruckersMath.com product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, TruckersMath.com shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. TruckersMath.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
TruckersMath.com does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site TruckersMath.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, TruckersMath.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to TruckersMath.com at its sole discretion.
THIRD PARTY PRODUCTS AND SERVICES
This Site mentions third party products and services for informational purposes. TruckersMath.com makes no recommendations or endorsements about any third party products or services.
Except for any personally identifiable information we may collect from you under the guidelines established in our material, information or other communication you transmit, upload or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. TruckersMath.com will have no obligations with respect to the Communications. TruckersMath.com and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
TruckersMath.com makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites. This site and the materials, information, services, and products in this site, including, without limitation, text, graphics and links are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, TruckersMath.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. TruckersMath.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. TruckersMath.com does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise the above limitation may not apply to you.
LIMITATION OF LIABILITY
In no event shall TruckersMath.com be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if TruckersMath.com has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless TruckersMath.com its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
By using this Site, you agree to submit any disputes arising from the use of this Site, or these Terms and Conditions or, disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of California.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
TruckersMath.com may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
This Agreement is accepted upon your use of TruckersMath.com Website or any of the TruckersMath.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and TruckersMath.com regarding the use of the TruckersMath.com Services. The failure of TruckersMath.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Last Update: March 15, 2017