Please review these Terms and Conditions of Service ("Terms and Conditions") carefully before registering with Truckmind.com These Terms and Conditions apply to and govern the Site and services offered on the Site. Your use of the Site constitutes your agreement to be bound by all terms, conditions, and notices contained herein and as they may change, from time to time.
"You" refers to the individual accessing and using the Site, and if you are accessing and using the Site on behalf of a corporation, partnership, limited liability company, or other business entity, then "you" also includes that entity and all individuals gaining access through its account with Truck Mind. Please note that these terms and conditions contain waivers by you of certain rights you have against us, our affiliates, and our or their directors and representatives.
ACCEPTANCE OF THESE TERMS
These "Terms and Conditions" constitute an agreement between you and Truck Mind. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY, UNDERSTAND EACH OF THEM AND AGREE TO BE BOUND BY ALL OF THEM. By accepting these Terms and Conditions once, you agree that you will be bound by them each and every time you use our Site or otherwise interact with us online. If you do not agree to these Terms and Conditions, you may not access or otherwise use our Site.
CHANGES TO TERMS AND CONDITIONS
We reserve the right, in our sole discretion and with or without notice, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification to these Terms and Conditions will be posted on our Site. Your continued use of our Site after such changes are posted will constitute your agreement to such changed Terms and Conditions. Please check the Terms and Conditions periodically for changes.
CHANGES TO SERVICE
We may change, suspend or discontinue any aspect of our Site or service at any time. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Site without notice or liability.
By registering with Truck Mind, you represent, warrant and covenant that (1) you are at least 21 years of age; (2) you are or represent a bona fide carrier, or are a bona fide shipper; (3) your access of the Site is for commercial purposes and is limited to moving freight by truck via our freight-matching service and/or taking commercial advantage of the other services offered on our Site; (4) your commercial purpose in accessing and using this Site is not to directly compete or gain competitive advantage in relation to Truck Mind; (5) you will not permit non-registered users to use the Site without the express permission of Truck Mind; and (6) you will not disclose your Truck Mind password or provide access to your Truck Mind account to non-registered users without the express permission of Truck Mind.
By violating these warranties, you risk having your account terminated by Truck Mind without warning, in addition to being subject to any other legal remedies that may be available under these Terms and Conditions, or that may be available under provincial and/or federal law. To the extent we may have to sue you to enforce any of these Terms and Conditions, or other federal and provincial law violations committed by you while accessing or using this Site, you expressly agree to bear the costs of that enforcement, including without limitation, all related attorneys' fees.
Except where noted on our acknowledgments page, the content and software used on this Site and the Site layout and design are the sole and exclusive property of Truck Mind . Content and other material on this Site is protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You may use the material on our Site only for personal or commercial use as described in these Terms and Conditions. Unless expressly authorized by Truck Mind, you may not reproduce, modify, distribute, transmit, republish, display, perform, rent, sell, license, edit, or create derivative works from, any of the content or other material on this Site. You may not copy or retrieve data or other content from this Site - either manually or by use of automatic devices - for the purpose of creating or compiling, directly or indirectly, a collection, database, or directory without written permission from Truck Mind. You may not use meta tags or other hidden text utilizing Truck Mind's name or trademarks, nor may you use framing techniques to enclose any portion of the Truck Mind Site, without Truck Mind's express, written permission.
SUBMISSION OF CONTENT TO THE SITE
By submitting content to this Site, you: Grant Truck Mind and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, and promote the content on this Site in any form for any purpose;
Warrant and represent that the content is accurate, and that the posting and use of your content by Truck Mind will not infringe or violate the rights of any third party; and
Warrant and represent that you will not upload, post or transmit to or distribute or otherwise publish through our Site, any material which: (i) restricts or inhibits any other user from using or enjoying our Site, (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violates, plagiarizes or infringes the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) constitutes defamatory or libelous statements, (vi) contains a computer virus or other harmful component, (vii) constitutes or contains false or misleading indications of origin or statements of fact, or (viii) is inappropriate for the purpose of our Site. We retain the right to review any material submitted for posting on our Site and have the sole and absolute right to determine whether that material complies with these Terms and Conditions.
We reserve the right to assign our rights and obligations under these Terms and Conditions to one or more of our affiliates or to any successor entity by way of merger, consolidation, or otherwise. You are not entitled to assign your account registration or any of your rights or responsibilities under these Terms and Conditions without our express written consent. These Terms and Conditions will inure to the benefit of, be binding upon, and be enforceable by our successors and assigns.
CONSENT TO ELECTRONIC COMMUNICATIONS
You acknowledge that Truck Mind is an Internet-based business and that our services are available through the Internet. You agree to receive documentation and information provided by us and our affiliates primarily through our Site and through e-mail provided to you via the Internet. Any information we provide to you by telephone, facsimile or other means does not constitute a waiver of this agreement. To maintain an account with us, you will need to be able to access our Site on the Internet, which requires Internet access and a Web browser, as well as an Internet e-mail account. No additional hardware or software requirements should be necessary. In the event of a change in the hardware or software requirements necessary to access our Site, notice will be displayed on our Site prior to the implementation of such a change. You acknowledge that you have the appropriate computer equipment to use our Site and to receive e-mail via the Internet and understand that you may incur certain operational costs in connection with your use of the Internet, such as monthly fees for a service provider, for which you are solely responsible. You solely and expressly agree to undertake the obligation to notify us of changes in your electronic contact information.
OUR RIGHT TO TERMINATE ACCOUNT
Truck Mind reserves the right to terminate your account and access to all or part of this Site, and remove any materials, information and data that you have posted on our Site, in our sole discretion, without notice, at any time and for any reason, including, without limitation (1) a breach of these Terms and Conditions or (2) unauthorized use of your user name(s) or password(s) or account(s).