Terms of Service

These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of law. In the event of any dispute, claim or controversy arising out of or relating to the Services or these Terms, the parties will attempt in good faith to resolve through negotiation any such dispute, claim, controversy. Either party may initiate negotiations by providing written notice in letter form to the other party setting forth the subject of the dispute and the relief requested.

If the dispute cannot be resolved in thirty (30) days, then any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Los Angeles, California; provided, however, that we will have the right immediately to apply to any court of competent jurisdiction for injunctive or equitable relief, without any need to pursue dispute resolution or arbitration, in the event of any breach of its confidentiality, site security or intellectual property rights.

Regardless of any statute or law to the contrary, any dispute or claim arising out of or related to use of the Services provided by Company or otherwise arising out of or related to the provisions and conditions of these Terms, must be asserted within one (1) year after such claim or cause of action first arose or became known, whichever is later, or shall be forever barred.

If any arbitration or other action at law or in equity is necessary to enforce the terms of these Terms, the prevailing party shall be entitled to reimbursement from the other party for its expenses and reasonable attorneys' fees associated with the action, in addition to any other relief to which such prevailing party may be entitled. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions and will not affect the validity and enforceability of the remaining provisions.

Except as otherwise provided in Section 3.2, these Terms and any special terms posted in the Services constitute the entire agreement between you and us relating to the subject matter hereof. Except as otherwise expressly authorized in these Terms, these Terms may only be amended by a written agreement signed by you and us. Any waiver of any provision of these Terms, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by us. Any assignment in violation of the prior sentence is void. The section titles in these Terms are for convenience only and have no legal or contractual effect.

As discussed above, the Services contain User Provided Content and content that we receive from third parties. It is our policy not to include any content on the Services that infringes upon the copyrights of third parties. If you believe any materials on the Services infringe a copyright, you should provide us with written notice that at a minimum contains:

• (a)A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• (b)Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• (c)Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• (d)Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• (e)A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• (f)A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Your download and use of the Truckast Application downloaded from Google Play, which is owned and operated by Google Inc. (“Google”), is additionally subject to the terms and conditions and policies of Google Play. Such Google Play terms, conditions and policies are between you and Google only, and not with Company.