Truckers Voice Terms of Service

ACCEPTANCE OF TERMS OF SERVICE

As a precondition and requirement to use the services available via Truckers Voice LLC, you, for yourself and for the company or other person(s), if any, you represent ("Client" or "Clients", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Client and Truckers Voice LLC, dba Truckers Voice LLC. Each Client is subject to these Terms, and by using Truckers Voice LLC's services, Client agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Client.
Client represents and warrants that, if an individual, Client is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Client is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Client represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 13 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Truckers Voice LLC. Further, Client represents and warrants all information provided by Client to Truckers Voice LLC has been and is complete, accurate, and current, and that Client shall continue to provide complete, accurate and current information to Truckers Voice LLC in connection with all website development processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Clients of paid services offered through Truckers Voice LLC must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
Truckers Voice LLC intends to provide the best possible service to each of its Clients. However, due to changing technologies, changing laws and the individual and collective needs of our Clients, Truckers Voice LLC reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
Clients may view the most current version of these Terms at www.webdesign.truckersvoice.org/Services/TOS.html. Any use of the Services by Client, after changes, modifications, additions or deletions to these Terms are posted on the Truckers Voice LLC website, shall constitute Client's acceptance of all such changes, additions, modifications or deletions. If a Client does not agree to any such alterations to these Terms, the Client's sole and exclusive remedy is to cancel the Client's account as set forth in Paragraph 3 below.
Notwithstanding Truckers Voice LLC's right to alter these Terms without prior notice, Truckers Voice LLC may, within its sole discretion and as a courtesy to all affected Clients, make an effort to provide Clients with 30 days advanced notice of any alteration of these Terms if it appears to Truckers Voice LLC, in its sole discretion, that said alteration may materially and adversely impact said Client's use of the Services.
Client hereby acknowledges and agrees that Client's use of domain name(s) is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Domain Registration Agreement located at http://api.fastdomain.com/terms.html.

TERM - PAYMENT - RENEWAL OF ACCOUNT & OF DOMAIN

Term of Service. The term of Client's subscription to the Services commences upon Client's acceptance of these Terms and terminates as set forth in Paragraphs 2.04 and 3.01.
Payment. Client agrees to pay all applicable fees for Services in effect at the time of account establishment, subject to these Terms as same may be modified by Truckers Voice LLC from time to time.
Authority. In the event Client is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for Truckers Voice LLC Services on behalf of Client hereby certifies that he/she has the authority to and does hereby bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Client's acceptance of all other Terms set forth herein.

CANCELLATION OF SERVICES - REFUND POLICY

Cancellations and Refunds. Truckers Voice LLC provides a 30-day money back guarantee for new web design accounts, subject to the following terms and conditions:

Nonrefundable Fees: Fees paid by Client in connection with the purchase of domain names or setup fees are nonrefundable.
Cancellations Before 30 Days., In the event Client cancels the Services prior to the expiration of 30 calendar days, Client will receive a refund of all fees paid in connection with the Services, with the exception of Nonrefundable Fees listed in 3.01(A) above, and Client website(s) will be restored to their previous condition.
Cancellations After 30 Days. Client may cancel his/her/its Services at any time, however after 30 calendar days Client will not be eligible for refund
Notice of Cancellation. Client must direct all cancellation requests to Truckers Voice LLC via email sent to CEO@Truckers Voice LLC.

Chargebacks and Reversals. In the event Client issues a chargeback or reversal of charges without first following the above cancellation procedures, the Client will be responsible for a $50.00 billing service fee.

PROPRIETARY RIGHTS
These Terms do not give Client any rights in Truckers Voice LLC intellectual property or technology. Truckers Voice LLC and related trademarks and logos are the exclusive property of Truckers Voice LLC. Truckers Voice LLC and Client agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Truckers Voice LLC from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
SECURITY AND OWNERSHIP

Site Security. Truckers Voice LLC uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Client's obligation to maintain and control passwords to Client's web site(s), and Client exclusively is responsible for all activities that occur in connection with Client's user name, password and registered domain name(s). Client agrees to immediately notify Truckers Voice LLC of any unauthorized uses of the Service or any other breaches of security. Truckers Voice LLC will not be liable for any loss or damages of any kind, under any legal theory, caused by Client's failure to comply with the foregoing security obligations or caused by any person to whom Client grants access to Client's Services.
License to Truckers Voice LLC. Truckers Voice LLC claims no ownership interest in the content of Client's web site(s). By submitting content and data to Truckers Voice LLC, Client grants to Truckers Voice LLC, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Client's copyrights and other rights, if any, in all material and content displayed in Client's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, during the term of these Terms. Client also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Client's cancellation of the Services as set forth in Paragraphs 2.01 and 3.0.

Commitment. The Truckers Voice LLC commitment to our Clients' privacy is set forth in this section. Except as required by law or as otherwise provided herein, Truckers Voice LLC will take commercially reasonable steps to ensure your right to privacy. Truckers Voice LLC is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust.
Confidentiality. With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with Truckers Voice LLC, subject to specific confidentiality agreements, Truckers Voice LLC will not provide or sell to any third party your personal information and will keep all Client information confidential, subject to the following:

Truckers Voice LLC will respond to subpoenas, court orders, or other legal process, and will utilize Client information as necessary to establish or exercise Truckers Voice LLC's legal rights or defend against legal claims.
Truckers Voice LLC will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law.
Truckers Voice LLC may transfer information about Clients if Truckers Voice LLC is acquired by or merged with another company, in which event Truckers Voice LLC will notify Client.

GENERAL

Promotional Pricing. Truckers Voice LLC may periodically offer "free" or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Client downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Client will forfeit any unused free credits offered under the promotional packaged and Truckers Voice LLC will charge Client the prevailing fees for any free credits redeemed by Client under the promotional package.
Accurate Account Information. Client must continually update and keep accurate and current Client's contact information stored and saved at Truckers Voice LLC in order to avoid termination of Client's Truckers Voice LLC account(s).
Duty to Notify Truckers Voice LLC of Breach. If Client discovers anyone on the Truckers Voice LLC system violating any of these Terms or notices anything suspicious from the Truckers Voice LLC network, Client agrees to report the violation or suspicious activity to CEO@Truckers Voice LLC for investigation. Truckers Voice LLC reserves the right to and will immediately terminate any account which Truckers Voice LLC concludes to be in violation of any of these Terms.
Reservation of Rights. Truckers Voice LLC reserves the right to refuse or to cancel service to any prospective Client or existing Client for any lawful reason at any time during Client's account term with Truckers Voice LLC.
Severability. These Terms are binding upon Truckers Voice LLC, all existing and prospective Clients, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
Governing Law. These Terms shall be governed by the laws of the State of Washington without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By using any of the Services of Truckers Voice LLC, Client agrees that all disputes, if any, involving Truckers Voice LLC shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Washington; provided, further, that all action brought against Truckers Voice LLC in State Court must be brought in Snohomish County, Washington and, if in Federal Court, in Snohomish County, Washington. Client hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Truckers Voice LLC. Client hereby waives any and all objections that it has or might have, known or unknown, whether under Washington’s long arm statute or otherwise, to the existence of said in personam jurisdiction. Client agrees that it has no right to and shall not file or otherwise bring a lawsuit against Truckers Voice LLC outside the State of Washington; and, that Client, if involved before a court in a lawsuit outside of the State of Washington, shall be deemed to support and to stipulate to a motion made by Truckers Voice LLC to dismiss said lawsuit with respect to Truckers Voice LLC.

WARRANTY DISCLAIMER - LIMITATIONS - INDEMNIFICATION

Warranty Disclaimer. YOU, THE CLIENT, ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. TRUCKERS VOICE LLC HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY TRUCKERS VOICE LLC OR TRUCKERS VOICE LLC'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CLIENT SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. TRUCKERS VOICE LLC DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF CONTENT. TRUCKERS VOICE LLC DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. TRUCKERS VOICE LLC DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR TRUCKERS VOICE LLC IN PARTICULAR.
Limitations on Truckers Voice LLC's Liability. TRUCKERS VOICE LLC SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TRUCKERS VOICE LLC BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TRUCKERS VOICE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TRUCKERS VOICE LLC SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TRUCKERS VOICE LLC'S ENTIRE LIABILITY AND CLIENT'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF CLIENT'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TRUCKERS VOICE LLC'S LIABILITY TO YOU, THE CLIENT, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE CLIENT, TO TRUCKERS VOICE LLC FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE CLIENT, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TRUCKERS VOICE LLC'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification of Truckers Voice LLC. You, the Client, agree to defend, indemnify and hold Truckers Voice LLC, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Truckers Voice LLC's own gross negligence or willful misconduct. Truckers Voice LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Client.

IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO TRUCKERS VOICE LLC SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A CLIENT, CANCEL YOUR TRUCKERS VOICE LLC ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.

(END of Terms of Service)