License Terms of Service

Trucking Compliance, LLC™

1. Your relationship with Trucking Compliance
Your use of Trucking Compliance’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Trucking Compliance under a separate written agreement) is in the form of a user license and is subject to the terms of a legal agreement between you and Trucking Compliance. “Trucking Compliance” means Trucking Compliance, LLC™, whose principal place of business is at Sugar Run Plaza, 3442 Route 764, Duncansville PA 16635-7803. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with Trucking Compliance, your relationship with Trucking Compliance will always include, at a minimum, the terms and conditions set out in these “Terms of Service” (hereafter “Terms”).
Your agreement with Trucking Compliance will also include the terms of any Legal Notices applicable to the Services, in addition to the Terms of Service. All of these are referred to below as the “Additional Terms.” Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The Terms form a legally binding agreement between you and Trucking Compliance in relation to your use of the Services. Take the time to read them carefully.
2. Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
(A) downloading any of the Services made available to you by Trucking Compliance, or
(B) by actually using the Services. In this case, you understand and agree that Trucking Compliance will treat your use of the Services as acceptance of the Terms from that point onwards.
If you do not accept these Terms, do not download the Services. Instead, immediately notify Trucking Compliance for a refund. Once you download the Services, there is no refund.
You may not use the Services and may not accept the Terms if
(a) you are not of legal age to form a binding contract with Trucking Compliance, or
(b) you are a person barred from receiving the Services under the laws of the United States.
3. Provision of the Services by Trucking Compliance
Sometimes Trucking Compliance employees or affiliated persons will provide the Services to you on behalf of Trucking Compliance itself. You acknowledge and agree that these people may provide the Services to you.
Trucking Compliance is constantly innovating in order to provide the best possible experience for its clients. You acknowledge and agree that the form and nature of the Services which Trucking Compliance provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Trucking Compliance may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Trucking Compliance’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Trucking Compliance when you stop using the Services. They will automatically become disabled at the end of your license period.
You acknowledge and agree that if Trucking Compliance disables access to your Services, you may be prevented from accessing the Services, your account details, or any files or other content which is contained in the Services.
4. Use of the Services by you
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Trucking Compliance will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree that you will not engage in any activity that interferes with or disrupts the Services.
Unless Trucking Compliance specifically permits you to do so in a separate agreement, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Trucking Compliance has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Trucking Compliance may suffer) of any such breach.
5. Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to Trucking Compliance for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Trucking Compliance immediately.
6. Privacy and your personal information
For information about Trucking Compliance’s data protection practices, please read our Privacy Policy. This policy explains how we treat your personal information, and protect your privacy, when you use the Services.
You agree to the use of your data in accordance with Trucking Compliance’s privacy policies.
7. Content in the Services
You understand that all information (such as data files, written text, computer software, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services, including but not limited to the Services themselves, advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Trucking Compliance. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Trucking Compliance or by the owners of that Content, in a separate agreement.
Trucking Compliance reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. You agree that you are solely responsible for (and that Trucking Compliance has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Trucking Compliance may suffer) by doing so.
8. Proprietary rights
You acknowledge and agree that Trucking Compliance (or Trucking Compliance’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Trucking Compliance and that you shall not disclose such information without Trucking Compliance’s prior written consent.
Unless you have agreed otherwise in writing with Trucking Compliance, nothing in the Terms gives you a right to use any of Trucking Compliance’s trade names, trade marks, service marks, logos, domain names, and other unique brand features.
If you have been given an explicit right to use any of these brand features in a separate written agreement with Trucking Compliance, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms.
Trucking Compliance acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms to any Content that you customize to your company through the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Trucking Compliance, you agree that you are responsible for protecting and enforcing those rights and that Trucking Compliance has no obligation to do so on your behalf. The modifications you create and customizations that you employ are exclusively yours and not the responsibility of Trucking Compliance.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Trucking Compliance, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. License from Trucking Compliance
Trucking Compliance gives you a personal, royalty-free, non-assignable and exclusive license to use the Services provided to you by Trucking Compliance. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Trucking Compliance, in the manner permitted by the Terms.
You may (but you may not permit anyone else to) copy, modify, and customize to your company the appropriate forms, policies, and other parts of the Services as necessary to establish and maintain adequate documentation to meet federal and state compliance and safety requirements. You may not, however, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any Software, product, or Services, or any part thereof, unless expressly permitted or required by law, or unless Trucking Compliance specifically tells you in writing that you may do so.
Unless Trucking Compliance has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services.
The Services are licensed, not sold. This agreement only gives you some rights to use the copyrighted Services. Trucking Compliance reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Services only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Services that only allow you to use it in certain ways.
However, any person that has valid access to your computer or internal network may copy and use the documentation exclusively for your internal purposes.
You may not:
• work around any technical limitations in the Services;
• reverse engineer, decompile or disassemble the Services, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the Services than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the Services for others to copy;
• use the Services in any way that is against the law;
• rent, lease or lend the Services;
• sell or re-sell any copyrighted Trucking Compliance Services; or
• use the Services for commercial purposes.
Remote Access
You may access and use the licensed Services remotely from any other device. You may allow other users to access the Services to provide you with support services. You do not need additional licenses for this access. No other person or company may use the Services under the same license at the same time for any purpose other than for the benefit of the original licensee.
You may copy and use strictly for your company any and all elements provided with the Services and identified for such use in documents, files, and projects that you create. You may freely distribute exclusively for your own company those documents, files, and projects. If you wish to use these elements for any other purpose, contact Trucking Compliance to learn whether that use is permitted. You may not provide the Services for use outside of your company.
These Services are not licensed on a trial basis, although your license may be time limited. Your rights to use the Services are limited to the licensed period. Portions of, or all of, the Services may cease to function when the license expires without renewal.
The Services and length of the licensing period are set forth during the activation process. You may have the option to convert your original licensing rights to subscription or perpetual rights, which require additional fees. Conversion options will be presented to you at the expiration of your license period. After the expiration of any license period without conversion, most features of the Services will stop running and become inaccessible. At that time you can continue to open, view and print any documents you created with the licensed Services only if you have stored them outside the confines of the licensed Services.
Subscription Services
If you licensed the Services on a subscription basis, your rights to use the Services are limited to the subscription period. You may have the option to extend your subscription or convert to a perpetual license. If you extend your subscription, you may continue using the Services until the end of your extended subscription period. After the expiration of your subscription, most features of the Services will stop running and become inaccessible. At that time you can continue to open, view and print any documents you created with the Services as long as they are stored outside the confines of the Services.
Activation
If you acquired a copy of the Services other than an official Trucking Compliance issue, the functionality is not licensed for your use. You must contact Trucking Compliance to obtain your own copy in order to legally activate the Services.
10. Services updates
The Services which you use may from time to time offer updates via email from Trucking Compliance to the list of current subscribers. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, addenda, and completely new versions. You acknowledge the availability of such updates (and permit Trucking Compliance to deliver these to you) as part of your use of the Services.
Trucking Compliance provides exclusive compliance and safety related trucking company Services. Except as otherwise noted in materials accompanying a Service, it may change or cancel these Services at any time.
Content Features in the Services can be retrieved only from Trucking Compliance and provided directly to you via email. Examples of these features are: regulatory updates and accompanying paperwork revisions, and free extra pages from time to time. You may choose not to use these content features at the risk of becoming out of date and out of compliance.
Information Rights Management
The Services allow you to create content that can be printed, copied or sent to others about your company. From time to time, you may need to contact Trucking Compliance for updates. You may choose not to use this feature at the risk of becoming out of date and out of compliance.
Misuse of Services
You may not use these Services in any way that could harm them or impair anyone else’s use of them. You may not use the Services for commercial purposes other than compliance and/or safety issues associated with your own company. You may not sell the Services to any other parties, individuals, or companies.
You acknowledge and agree that you hold harmless Trucking Compliance for any failure on your part to download and/or apply the provided Services, along with compliance and safety updates offered from time to time; and that Trucking Compliance is not responsible for any harm, fines, or penalties resulting from your actions or inactions in applying the Services or updates thereto.
11. Ending your relationship with Trucking Compliance
The Terms will continue to apply until terminated by either you or Trucking Compliance as set out below.
If you want to terminate your legal agreement with Trucking Compliance, you may do so by (a) notifying Trucking Compliance at any time and (b) closing your accounts for all of the Services which you use, where Trucking Compliance has made this option available to you. Your notice should be sent, in writing, to Trucking Compliance’s physical or electronic address.
Trucking Compliance may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Trucking Compliance is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Trucking Compliance offered the Services to you has terminated its relationship with Trucking Compliance or ceased to offer the Services to you; or
(D) the provision of the Services to you by Trucking Compliance is, in Trucking Compliance’s opinion, no longer commercially viable.
12. Legal Effect

This agreement describes certain legal rights. You may have other rights under the laws of your state or jurisdiction. You may also have rights with respect to the party from whom you acquired the Services. This agreement does not change your rights under the laws of your state or jurisdiction if the laws of your state or jurisdiction do not permit it to do so.
13. Limitation of Liability and Exclusiion of Damages
You can recover from Trucking Compliance and its suppliers only direct damages up to the amount you paid for the services. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to
• anything related to the Services, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
• repair, replacement or a refund for the Services does not fully compensate you for any losses; or
• Trucking Compliance knew or should have known about the possibility of the damages.
14. Limited Warranty
A. If you follow the instructions, the Services will perform substantially as described in the Trucking Compliance materials that you receive in or with the Services.
B. Term of Warranty; Warranty Recipient; Length of any Implied Warranties

The limited warranty covers the services for one year after acquired by the first user. If you receive supplements, updates, or replacement services during that year, they will be covered for the remainder of the warranty or 30 days, whichever is longer. As far as the law permits, any implied warranties, guarantees or conditions last only during the term of the limited warranty. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some jurisdictions may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. Exclusions from

This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Trucking Compliance’s reasonable control.
D. Remedy for Breach of Warranty

Trucking Compliance will repair or replace the services at no charge. If Trucking Compliance cannot repair or replace it, Trucking Compliance will refund the amount shown on your receipt for the services. Trucking Compliance will also repair or replace supplements, updates and replacement services at no charge. If Trucking Compliance cannot repair or replace them, it will refund the amount you paid for them, if any. You must uninstall the Services and return any media and other associated materials to Trucking Compliance with proof of purchase to obtain a refund. These are your only remedies for breach of the limited warranty.
E. Consumer Rights Not Affected

You may have additional consumer rights under your local laws, which this agreement cannot change.
F. Warranty Procedures
You need proof of purchase for warranty service.
G. No other Warranties

The limited warranty is the only direct warranty from Trucking Compliance. Trucking Compliance gives no other express warranties, guarantees or conditions. Where allowed by your local laws, Trucking Compliance excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement.
15. Limited Liabilities 
You expressly understand and agree that Trucking Compliance, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(1) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
(2) any changes which Trucking Compliance may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(3) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
(4) your failure to provide Trucking Compliance with accurate account information;
(5) your failure to keep your activation code or account details secure and confidential;
The limitations on Trucking Compliance’s liabilities to you shall apply whether or not Trucking Compliance has been advised of or should have been aware of the possibility of any such losses arising.
16. Copyright Policies
It is Trucking Compliance’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of infringers.
17. Advertisements
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, or other information.
The manner, mode and extent of advertising by Trucking Compliance on the Services are subject to change without specific notice to you.
In consideration for Trucking Compliance granting you access to and use of the Services, you agree that Trucking Compliance may place such advertising on the Services.
18. Other content
The Services may include hyperlinks to other web sites or content or resources. Trucking Compliance has no control over any web sites or resources which are provided by companies or persons other than Trucking Compliance.
You acknowledge and agree that Trucking Compliance is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Trucking Compliance is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
Trucking Compliance may make changes to the Terms of Service or Additional Terms from time to time. When these changes are made, Trucking Compliance will make a new copy of the Terms of Service available online and any new Additional Terms will be made available to you by posting online without specific email notification to you, although we may choose to notify you via email, at our discretion.
You understand and agree that if you use the Services after the date on which the Terms of Service or Additional Terms have changed, Trucking Compliance will treat your use as acceptance of the updated Terms of Service or Additional Terms.
20. General legal terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your uses of these other services, software or goods are subject to separate terms between you and the company or person concerned. If so, the Terms herein do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and Trucking Compliance and govern your use of the Services (but excluding any services which Trucking Compliance may provide to you under a separate written agreement), and completely replace any prior agreements between you and Trucking Compliance in relation to the Services.
You agree that Trucking Compliance may provide you with notices, including those regarding changes to the Terms, by postings on the Services.
You agree that if Trucking Compliance does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Trucking Compliance has the benefit of under any applicable law), this will not be taken to be a formal waiver of Trucking Compliance’s rights and that those rights or remedies will still be available to Trucking Compliance.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which Trucking Compliance may be the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The Terms, and your relationship with Trucking Compliance under the Terms, shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions. You and Trucking Compliance agree to submit to the exclusive jurisdiction of the courts located within the county of Blair, Pennsylvania to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Trucking Compliance shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

March 18, 2008