Advertiser Terms of Site Use

Find Truck Service® Advertiser Terms of Site Use

Last Updated: February 6, 2023 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE LISTING YOUR SERVICES ON WWW.FINDTRUCKSERVICE.COM WEBSITE, MOBILE SITE, AND THE FIND TRUCK SERVICE SMART-PHONE APPLICATIONS (THE "SERVICE") OPERATED BY FIND TRUCK SERVICE ("US", "WE", "OUR", "COMPANY", OR "FIND TRUCK SERVICE"). Your access to and use of the Site to offer your Services to our Users is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site for the purpose of exploring or offering their Services to our users. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Site or use it to offer Services to our users. If you are accessing and using this Website on behalf of any group or entity, you warrant that you have all necessary authority to enter into this Agreement. If at any time you do not agree to be bound by the terms and conditions of this Agreement then you must cease using the Site immediately, and remove all of your advertising from the Site. 1 License 1.1 Grant. Upon payment of applicable fees, you are granted a non-exclusive, non- transferable, revocable, limited license to access and use the Site to list your Services for sale to our Users. We may terminate this license without notice at any time and for any, or no, reason. If we terminate this License without cause, we will refund any remaining portion of your paid subscription. We have the right to terminate this Agreement for cause and without refund for any violation by you of this Agreement, including without limitation for, failure to pay any amount as and when due; violations of law; inappropriate, misleading or inaccurate Posted Materials; infringement or misappropriate of our, or any other person’s intellectual property; excessive or egregious complaints about Services from any governmental authority or User purchasing such Services, as determined in our sole discretion. You may cancel your participation in our Site at any time, and terminate this License and remove your Published Materials from the Site. No refund will be granted for any remaining time in your then-current subscription except as expressly provided by this Agreement. Any refund that is granted will be pro-rated based on the number of whole months remaining in your then-current subscription. 1.2 Limitations. You may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use the Site, our Intellectual Property, or any portion thereof, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with our prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C. § 107). You may not alter or modify information provided through the Site in any way, except to change or correct your own listing of Services. You may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of the Site, the App, any Intellectual Property of ours, or any information about usage or users. You may not use any robot, spider, other automatic device, or manual process to access, monitor or copy the Site or any information on the Site except your Published Materials without our express written permission. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Find Truck Service® for any such damages, and will indemnify Find Truck Service® in the event of any third-party claims against us based on or arising from your violation of the foregoing. If it is determined or suspected by Find Truck Service in its sole discretion that you are misusing or attempting to misuse or circumvent our services or sites, or are using or attempting to use them for any inappropriate purposes, including but not limited to activities such as hacking, use of bots, scraping content, infiltrating, fraud, false advertising, unfair competition, altering published materials of other advertisers, price fixing, jamming and spamming, creating a competitive site, disparaging or harassing us, Users or other advertisers, or interfering with the use by other advertisers of our Site, we reserve the right, in our sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. 1.3 Intellectual Property Rights. Unless otherwise explicitly noted, and with the exception of your information which you post to the Site, all elements of the Site and our Intellectual Property including, but not limited to, text, articles, logos, trademarks, graphics and overall "look and feel" of the Site, are our property. Nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights either now or in the future. You acknowledge that the Site is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. Provided however, that we acknowledge that the information you post to the Site, including, without limitation your text, pictures, logos, trademarks and any other content whatsoever, is and shall remain your sole property. Nothing in this Agreement shall be construed to give us any ownership in your property. 2. Registration. Certain sections of the Site require registration to access and use information and services, and you are required to register in order to list your Services for sale. If You elect to list your Services for sale to our Users, you agree to provide accurate, complete information. You will inform us promptly of any errors in or of any changes to information listed on our Site. You warrant that registration is for you only, and that You will not permit anyone other than You to access the Site or to list any Services or products for sale under your registration using your name and password. You are responsible for all access to and use of the Site through your name and password, whether or not You have knowledge of or authorize such access and use. You will notify us immediately of any unauthorized use of your name and password, if you suspect the privacy of your name and password has been jeopardized, or if you believe that another individual has fraudulently represented themselves as you or as being associated with You or Your organization. 3 Publication and Listing Services for Sale to Users. 3.1 Grant of License. By publishing, uploading, submitting or distributing any messages, data, information, text, graphics, links, or other materials ("Posted Materials") to the Site, including messages and materials published in directories on the Site, You automatically grant, and warrant that the owner of the following rights has expressly granted, to us a fully-paid, royalty-free, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense Posted Materials, and incorporate Posted Materials into any medium or technology, now known or later developed for the purpose of offering the Services for sale to our Users through our media. 3.2 Lawful Use Only. You will not publish, upload, submit or distribute any Posted Materials on the Site which are unlawful, deceptive, misleading, or abusive in any way, including but not limited to Posted Materials that are defamatory, libelous, disparage or inaccurately portray any competitor, pornographic, obscene, threatening, indecent, invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense, violate the rights of any party, contain any corrupted data or malicious code that may impair or alter the appearance or functionality of the Site, or give rise to liability or violate any local, state, federal or international law or regulation, or the rules of any securities exchange such as the New York Stock Exchange or NASDAQ, either intentionally or unintentionally. We may delete any of Your Posted Materials at any time, without prior notice or Your permission and at our sole discretion if we believe the Posted Materials do not meet the standards described in this Agreement. You will not be entitled to a refund of pre-paid subscription fees if your Posted Materials are removed by us for this reason. 3.3 Posted Materials Attributed & Truthful. Posted Materials submitted for publication on the Site will be accompanied by Your name and locations and will accurately and fairly describe the Services you have listed for sale. You warrant that such Posted Materials will not misrepresent or obscure your identity or affiliation with any person or entity. Furthermore, you warrant that you will not, by any method or action, directly or through a third party seek to artificially enhance, degrade, or otherwise manipulate the recommendations or endorsements of you, the Services you offer for sale or of any other user, individual, or group on or using the Site. You will not be entitled to a refund of pre-paid subscription fees if your Posted Materials are removed by us for this reason. 3.4 No Obligation to Monitor. You are solely responsible for the content of your Posted Materials. We have no obligation or intent to edit, monitor or screen Posted Materials and are not responsible for the content in, or linked to or from, Posted Materials. We may, and retains the right to, examine all content on the Site for adherence to the Agreement and remove any materials that may be objectionable, violate the Agreement, or law, but we expressly disclaim any and all warranties or representations that we will do so in any specific instance. 3.5 Notice of Copyright Infringement. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Find Truck Service, Inc designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail Find Truck Service, Inc. 2020 Calamos Ct Suite 200 Naperville, IL 60563 By Telephone: (847) 586-9110 By Email: 3.6 YOU AGREE TO INDEMNIFY FIND TRUCK SERVICE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY USER OR THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SITE, ADVERTISING YOUR SERVICES OR YOUR PROVISION OF SERVICES IN CONNECTION WITH FIND TRUCK SERVICE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND ANY USER, COMPETITOR OR THIRD PARTY, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF LAW OR THE RIGHTS OF ANY USER OR THIRD PARTY. 3.7 Compliance with Law. You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. 4. DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. WE MAKE NO WARRANTY THAT ACCESS TO THE SITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF THE SITE INCLUDING BOTH POSTED MATERIALS AND THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH THE SITE, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN THE SITE, (C) THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF, OR (D) YOUR USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF THE SITE. WE USE COMMERCIALLY REASONABLE, INDUSTRY STANDARD MEANS OF PROVIDING SECURITY FOR THE SITE, BUT DO NOT GUARANTEE THAT UNAUTHORIZED PARTIES WILL NOT ACCESS THE SITE OR THAT DATA WILL NOT BE CORRUPTED OR LOST. 5. Privacy. Your use of our Services including our Website, Mobile Site, Apps, and our use of cookies, is subject to our Privacy Policy. Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third- party sites is subject to the terms of use and privacy policies of each site, and we are not responsible for any actions or failure to act by any third parties. We encourage you to review said privacy policies of third-parties' sites. Please review our Privacy Policy, which can be found at Find Truck Service uses commercially reasonable, industry standard practices to maintain the security of its website. However, it is not possible for us to guarantee that there will be no unauthorized access to our website or that your data will never be compromised. As further described in our Privacy Policy, we do not collect personal data except identification information used to provide users with access to the Service requests they have made and from advertisers as necessary to provide them with information about requests users have made and for internal marketing purposes. As further described in the Privacy Policy, we use data collected from the Site that is not identifiable with any person for marketing and for internal research and reporting purposes, including our marketing efforts to advertisers on our Site. LIMITATION OF LIABILITY. YOUR EXCLUSIVE REMEDY AND OUR AND OUR AFFILIATES ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF THE SITE WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER BASIS WHATSOEVER, SHALL BE LIMITED TO THE AGGREGRATE AMOUNT OF CHARGES PAID BY YOU FOR LISTING YOUR SERVICES ON THE SITE DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL WE, OR OUR AFFILIATES BE LIABLE TO YOU FOR ANY CLAIM RELATING IN ANY WAY TO (A) YOUR INABILITY OR FAILURE TO USE THE SITE PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY US, OUR AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION AND SERVICES RECEIVED FROM US OR ON THE SITE; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE THE SITE, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD-PARTY CONTENT OR FEATURE OR FOR THE ACTIONS OF ANY USER, INCLUDING ITS BREACH OF CONTRACT OR FAILURE TO PAY FOR SERVICES. 7. Limitation of Claims. Except for claims by us relating to your improper use of the Site or misappropriation or mis-use of our Intellectual Property, or for indemnification against third party claims based on your acts or omissions, no claim, regardless of form, which in any way arises out of this Agreement, may be made, if such claim is brought more than one year after the basis for the claim becomes known to the party desiring to assert it. 8. User Disputes. You are solely responsible for its interactions with Site users including both other advertisers and any user requesting information about or purchasing your Services. We retain the right, but expressly disclaim any obligation, to become involved in any dispute between you and any other users of the Site. 9. Modifications to Terms of Use. We reserve the right to modify this Agreement at any time and in our sole discretion. Updated versions of the Terms and Conditions of Use will appear on and become the effective Agreement immediately upon publication. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Site by you after any such modification of this Agreement constitutes your assent to such modifications. If you do not consent to the modified terms of use, your sole remedy is to cancel with Agreement and withdraw your listing from the Site. You will be entitled to a refund of the unused portion of your subscription fee as your sole and exclusive remedy. This Agreement may not be modified in any other manner, and no representative of either party has authority to enter into any modification of this Agreement in any other manner. 10. Entire Agreement. This Agreement embodies the entire understanding between you and us with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. 11. Force Majeure. Our performance under these Terms and Conditions of use are subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like. 12. General Provisions. This Agreement will be governed by and construed under the law of the state of Illinois, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in DuPage County Illinois will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by you without our prior written consent. The Terms and Conditions will inure to the benefit of Find Truck Service's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.