PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2019
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with iTrucker Corp. iTrucker.com and iTrucker ELD, located at 1 Westbrook Corporate Center Westchester IL 60154 and our subsidiaries and affiliates, in association with the use of the iTrucker.com website, which includes https://www.itrucker.com/ , (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website electronic data logging as per federal mandate which has the following description:
The purpose of this website is to provide information on our iTrucker ELD solution as it relates to the federal mandate from the FMCSA. As well as allow you to purchase said product from the online shopping cart.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of iTrucker Corp. iTrucker.com iTrucker ELD.. At its discretion, iTrucker Corp. iTrucker.com iTrucker ELD, I. may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. iTrucker Corp. iTrucker.com iTrucker ELD. does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that iTrucker Corp. ,iTrucker.com iTrucker ELD, Inc. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as suchiTrucker Corp. iTrucker.com iTrucker ELD . shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving iTrucker Corp. iTrucker.com iTrucker ELD Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, iTrucker Corp. iTrucker.com iTrucker ELD may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with iTrucker Corp. iTrucker.com iTrucker ELDand sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,iTrucker Corp. iTrucker.com iTrucker ELD will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of iTrucker Corp. iTrucker.com iTrucker ELD Services, or any portion thereof.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notifyiTrucker Corp. iTrucker.com iTrucker ELD . immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Simple Truck ELD, Inc. shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by iTrucker Corp. iTrucker.com iTrucker ELD.
iTrucker Corp. iTrucker.com iTrucker ELD herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
iTrucker Corp. iTrucker.com iTrucker ELD. herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
compliance with any legal process;
enforcement of the TOS;
responding to any claim that therein contained content is in violation of the rights of any third party;
responding to requests for customer service; or
protecting the rights, property or the personal safety of iTrucker Corp. iTrucker.com iTrucker ELD its visitors, users and members, including the general public.
iTrucker Corp. iTrucker.com iTrucker ELD. herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established byiTrucker Corp. iTrucker.com iTrucker ELD or any other content providers supplying content services to iTrucker Corp. iTrucker.com iTrucker ELD. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, reverse-engineering, duplication, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CONTRIBUTIONS TO COMPANY WEBSITE
iTrucker Corp. iTrucker.com iTrucker ELD provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
your contributions do not contain any type of confidential or proprietary information;
iTrucker Corp. iTrucker.com iTrucker ELD shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions iTrucker Corp. iTrucker.com iTrucker ELD shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
the contributor’s Contributions shall automatically become the sole property ofiTrucker Corp. iTrucker.com iTrucker ELD ; and iTrucker Corp. iTrucker.com iTrucker ELD is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members herein agree to insure and hold Simple Truck ELD, Inc., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use ofiTrucker Corp. iTrucker.com iTrucker ELD Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to SimpleTruckELD’s sites or technology.
iTrucker Corp. iTrucker.com iTrucker ELD shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a user of www.itrucker.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to email@example.com.
As a user, you agree thatiTrucker Corp. iTrucker.com iTrucker ELD . may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
by way of requests from law enforcement or any other governmental agencies;
the discontinuance, alteration and/or material modification to our Services, or any part thereof;
unexpected technical or security issues and/or problems;
any extended periods of inactivity;
any engagement by you in any fraudulent or illegal activities; and/or
the nonpayment of any associated fees that may be owed by you in connection with your www.itrucker.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, and/or access to any of our Services.
The termination of your account with www.itrucker.com shall include any and/or all of the following:
the removal of any access to all or part of the Services offered within www.itrucker.com, and mobile application;
the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
the barring of any further use of all or part of our Services.
If your account is terminated for any reasons, you are liable to return the ELD Hardware Device along with the cables within Thirty days, to the company registered Office, 1 Westbrook Corporate Center STE # 300 Westchester IL 60154
If you failure to return or if the ELD Device is not in the good working condition, you are liable to the $250.00 USD towards the cost of the ELD device.
iTrucker Corp. iTrucker.com iTrucker ELD. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree thatiTrucker Corp. iTrucker.com iTrucker ELD . shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree thatiTrucker Corp. iTrucker.com iTrucker ELD Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized byiTrucker Corp. iTrucker.com iTrucker ELD . or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based oniTrucker Corp. iTrucker.com iTrucker ELD . Services (e.g. Content or Software), in whole or part.
iTrucker Corp. iTrucker.com iTrucker ELD. herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the Software on multiple mobile devices , as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided byiTrucker Corp. iTrucker.com iTrucker ELD . for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF iTrucker Corp. iTrucker.com iTrucker ELD. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. SIMPLE TRUCK ELD, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
iTrucker Corp. iTrucker.com iTrucker ELD. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SIMPLE TRUCK ELD, INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SIMPLE TRUCK ELD, INC. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SIMPLE TRUCK ELD, INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SIMPLE TRUCK ELD, INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SIMPLE TRUCK ELD, INC. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SIMPLE TRUCK ELD, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
THE USE OR INABILITY TO USE OUR SERVICE;
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release iTrucker Corp. iTrucker.com iTrucker ELD. (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate.iTrucker Corp. iTrucker.com iTrucker ELD s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. iTrucker Corp. iTrucker.com iTrucker ELD. and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
iTrucker Corp. iTrucker.com iTrucker ELD. may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of theiTrucker Corp. iTrucker.com iTrucker ELD . trademarks, copyright, trade name, service marks, and other , iTrucker Corp. iTrucker.com iTrucker ELD. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property ofiTrucker Corp. iTrucker.com iTrucker ELD.. You herein agree not to display and/or use in any manner the iTrucker Corp. iTrucker.com iTrucker ELD. logo or marks without obtaining iTrucker Corp. iTrucker.com iTrucker ELD’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
iTrucker Corp. iTrucker.com iTrucker ELD, Inc. will always respect the intellectual property of others, and we ask that all of our users do the same.
iTrucker Corp. iTrucker.com iTrucker ELD. Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Attn: Copyright Agent
1 Westbrook Corporate Center
Westchester, Illinois 60154
Telephone: (800) 380 – 9779
BE IT KNOWN, thatiTrucker Corp. iTrucker.com iTrucker ELD . complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.itrucker.com.
GENERAL INFORMATION ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and iTrucker Corp. iTrucker.com iTrucker ELD. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect toiTrucker Corp. iTrucker.com iTrucker ELD . Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain otheriTrucker Corp. iTrucker.com iTrucker ELD . Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you andiTrucker Corp. iTrucker.com iTrucker ELD . with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and iTrucker Corp. iTrucker.com iTrucker ELD, shall be filed within the courts having jurisdiction within the County of Cook, Illinois or the U.S. District Court located in said state. You and iTrucker Corp. iTrucker.com iTrucker ELD. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, shouldiTrucker Corp. iTrucker.com iTrucker ELD . fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS toiTrucker Corp. iTrucker.com iTrucker ELD . as follows:
Attn: Copyright Agent
1 Westbrook Corporate Center
Westchester, Illinois 60154
Telephone: (800) 380 – 9779