The following agreement describes the terms and conditions on which Totes Mobile Technologies offers you access to the Truckly Application.
Welcome to the Driver/User agreement (the “Agreement” or “Terms of Service”) for Truckly (the “Truckly Application”), an application owned and operated by Totes Mobile Technologies Inc., a Delaware corporation, whose principal office is located at 8726 S Sepulveda Blvd #D238 Los Angeles, CA 90045. This Agreement is a legally binding agreement made between you, the Driver, or you, the User (“You,” “Your,” or “Yourself”) and Totes, Inc. (“Truckly,” “We,” “Us” or “Our”).
Totes is willing to allow you to participate in the Truckly Application only upon the condition that You accept all the terms contained in this Agreement. This is not agreement to allow you to license, sell or own any part of the Truckly Application but only a permissive use contract. By signing up with or by using the Truckly Application, You indicate that You understand this Agreement and accept all of its terms. If You do not accept all the terms of this Agreement, then Totes is unwilling to allow you to participate in the use of the Truckly Application.
The Truckly Application is a mobile application platform (herein referred to as “Truckly”) that provides a means to enable persons who seek assistance in connection with the relocation, moving, or messengering of personal items to certain destinations (“Users”) to be matched with persons willing to use their vehicles to drive the items and assist with the move of or messengering of such personal items to those destinations (“Drivers”). For purposes of this Agreement these services shall collectively be defined as the “Services.” This Agreement describes the terms and conditions that will govern Your use of and participation in the mobile application platform known as the Truckly Application.
Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Services. By using any of the Services, You become a Participant in Truckly and a User of Services available on the Truckly Application (“Participant” or “User”) and You agree to be bound by the terms and conditions of this Agreement with respect to such Services.
If You do not agree to be bound by the terms and conditions of this Agreement, please do not use or access Truckly or register for the services provided on Truckly. We may amend this Agreement at any time by posting the amended terms on the Truckly Application. If We post amended terms on the Truckly Application, You may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the Truckly Application. This Agreement may not be otherwise amended except in writing signed by You and Truckly.
Truckly does not provide transportation services or moving or hauling services, and Truckly is not a transportation carrier or a moving or hauling or freight carrier. The services rendered by the Truckly Application are solely to match Drivers and Users desiring to move, messenger or relocate items. It is up to the Driver or vehicle operator to decide whether or not to offer to transport the User’s item(s) as requested through the Truckly Application, or whether or not to assist in the lifting of any goods, and whether or not to respond to a service request. It is up to You to decide whether or not to accept the Service from any Driver contacted through the Truckly Application, and whether you allow them to assist you. Any decision by a User to offer or accept the Services once such User is matched through the Truckly Application is a decision made in such User’s sole discretion. Truckly offers a mobile application platform to match and connect Drivers and Users with each other, but does not and does not intend to provide transportation services or moving services or act in any manner as a transportation carrier or a moving carrier and has no responsibility or liability for any transportation services or moving services voluntarily provided to any User by any Driver using the Truckly Application.
Truckly takes reasonable precautions to match Users with responsible Trusted Drivers, by conducting background and driving record checks. Truckly is not, however, responsible for damage caused to Your items, accidental or otherwise, and Truckly is not responsible for damage caused to Drivers’ vehicles, accidental or otherwise. Truckly reserves the right to take measures intended to prohibit certain Users or Drivers from using Truckly, in the event that Truckly becomes aware of negligent or malicious activity or behavior.
– Charges (applicable to California and Washington users only). As a User, You agree that any mandatory amounts charged following a service (a “Charge”) are due immediately. Truckly reserves the right to determine pricing using algorithms which may be. Any cost estimate is for estimation purposes and is not a guarantee of cost for services. Estimate is based on information from Users about the request details. Actual cost may change once service elements are finalized. Your final cost may vary based on the documented facts of the service. All requests are estimated on a base fee + time (per driver and helper) and distance rates. The costs estimated may not be valid and Service costs can vary due to extended service charges in resulting by increases in time spent and/or distance traveled during service or changes made after the estimate is obtained. Check the pricing page to verify the manner charges are calculated.
– Many factors can and may effect the accuracy of an estimate. Delivery time and route distance can be impacted by heavy traffic, road construction, or other external factors. A service request can be longer than expected due to events beyond your driver’s control. This can contribute to a cost higher than your app’s cost estimate or a previously completed service similar in distance. Other factors may include: Traffic, Reroutes, Access permission, Loading and unloading process, Waiting for users, Parking, and the likes. Charges for the service, and their explanation, are included in the final receipt. If you require additional services, you may add them for the corresponding fee. The price estimated by the Truckly app is delivery to the tailgate of the truck. Additional charges may apply. If the User is unable to help the driver load or unload, or the weight requires additional manpower, we may supply the necessary personnel upon request, additional charges explained in the pricing page will apply. Any additional delivery/labor needs will incur additional charges. Pricing and timing of delivery varies. If assembly or disassembly is requested on your items, additional charges will apply. Deliveries with multiple items or heavy items may have discrepancies in the pricing estimator due to proper handling needs.
– Administrative Fee. Truckly receives an administrative fee of up to 25% (the “Administrative Fee”) of each Charge, net of the $3.00 base fee per service request (the “The Administrative Fee”).
– Refunds. The full amount of the Donation or Charge, as applicable (including the Administrative Fee), is charged immediately following completion of such election to the User’s authorized credit card and transferred (less the Administrative Fee) to such Driver’s account. All payments made are non-refundable. This no-refund policy shall apply at all times regardless of a User’s decision to terminate usage of Truckly, our decision to terminate a User’s usage, disruption caused to our Services either planned, act of God, accidental or intentional, or any other reason whatsoever.
– Promotional Offers. Truckly, at its sole discretion, may make available promotional offers with different features to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. Truckly may change its Administrative Fee as we deem necessary for our business. We encourage You to check this Agreement periodically if You are interested in keeping abreast of the rate of our Administrative Fee.
– Cancellation Fee. In the event that a User cancels a request for services on the Truckly Application more than 90 seconds after such request is accepted, User agrees to pay a “Cancellation Fee” of $5.00.
– Annual Membership Subscription
Your annual subscription for Truckly will start when Truckly confirms your payment and will continue for a period of 12 months. Annual Club membership set-up may take up to 48 hours to complete upon which a confirmation email is sent to new members. Annual subscriptions purchased on the Truckly Web are billed Annually. Annual subscriptions purchased from Truckly Reps are paid in full in advance. When you purchase an annual subscription, auto-renew is automatically selected in your Truckly Membership Account. At the end of the annual subscription period, Truckly will sign you up and bill you for an additional subscription term of one year. If you do not wish your subscription to auto-renew, you may email us at any time to cancel the auto-renewal prior to the end of your current subscription term. More on the Terms of Annual Membership can be found below
– Facilitation of Payments. All Charges, as applicable, shall be facilitated through Stripe, Truckly’s third-party payment processing service. Totes, Inc. uses Stripe (Stripe) for payment processing. In order for you to use Stripe’s payment processing services, you must enter into the Stripe Checkout User Terms Agreement with Stripe (SCUTA). This is available at https://stripe.com/checkout/terms. By accepting this Agreement, you agree: (a) that you have downloaded or printed the SCUTA, and (b) that you have reviewed and agree to the SCUTA. Please note that Totes, Inc. is not a party to the SCUTA and that you, and Stripe are the two parties to the SCUTA and that Totes, Inc. has no obligations or liability to you under the SCUTA. If you have questions regarding the SCUTA, please contact Stripe at https://support.stripe.com/email.
Truckly maintains an insurance policy with an excess automobile liability insurance up to $50,000 per occurrence. The policy offers excess liability protection over a Driver’s existing insurance while such Driver is transporting the personal items of a User on a trip arranged through the Truckly Application. The policy coverage is limited to liability only and does not provide coverage for collision, comprehensive or wear and tear damage to a Driver’s vehicle. As with any automobile insurance policy, additional insurance terms, requirements, limitations, and exclusions apply. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Driver(s) or User(s).
In addition, Truckly maintains as an excess policy of insurance a policy that covers any damage to the cargo or items that may be moved, relocated or messaged as part of Truckly services. This policy is in excess of the Driver’s policy. As with any insurance policy, additional terms and requirements, limitations and exclusions apply.
This is an unofficial summary of Truckly’s master insurance policy and may not always be up-to-date. None of the statements in this section should be interpreted as binding or representation of any specific type, kind or limit of insurance coverage and are provided for quick reference only.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or temporarily or indefinitely terminated Participants. By becoming a Participant, You represent and warrant that You are at least 18 years old. By using the Truckly Application or the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or Truckly for accessing the Services. You are solely and fully responsible for all activities that occur under Your password or account. Truckly has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will contact Us immediately.
Term and Termination
This Agreement is effective upon use of the Truckly Application or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate Your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination. Either You or We may terminate Your participation in the Truckly Application by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, We will remove all of Your information from Our servers, though We may retain an archived copy of records We have about You as required by law or for legitimate business purposes. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the Truckly Application is terminated, this Agreement will remain in effect.
Your Information is any information You provide, publish or display (“post”) to the Truckly Application or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature (“Your Information”). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information. When You use the Truckly Application, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.
By accepting this Agreement, a Driver agrees that We may obtain information about the Driver, including without limitation the Driver’s driving record, references, background information, criminal record and credit information. A Driver hereby authorizes Us to perform a background check on Driver, and further agrees to provide any necessary authorization to facilitate Our access to the Driver’s official driving record, references and credit information during the term of the Agreement.
I hereby acknowledge that I will be an independent contractor (and not an employee) of Totes, Inc. I hereby submit the attached W-9 Form, pursuant to which I authorize Totes, Inc. to issue a 1099 statement for any payments made to me for services rendered.
Social Media and Networking Sites
As part of the functionality of the Truckly Application, You may be able to login through online accounts You may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing Your Third Party Account login information through the Truckly Application; or (ii) allowing Truckly to access Your Third Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third Party Account.
You represent that You are entitled to disclose Your Third Party Account login information to Truckly and/or grant Totes access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating Truckly to pay any fees or making Truckly subject to any usage limitations imposed by such third party service providers. By granting Truckly access to any Third Party Accounts, You understand that (i) Truckly may access, make available and store (if applicable) any content that You have provided to and stored in Your Third Party Account (the “SNSContent”) so that it is available on and through Truckly Application via Your account, including without limitation any friend, contacts or following/followed lists, and (ii) Truckly may submit and receive additional information to Your Third Party Account as indicated herein.
Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be Your Information and Your Content for purposes of this Agreement. Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts may be available on and through the Truckly Application. Please note that if a Third Party Account or associated service becomes unavailable or the Truckly Application’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Truckly Application. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. Truckly makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Truckly is not responsible for any SNS Content.
In addition to what is previously stated and agreed to, You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate Your participation in the Truckly Application if You have misused the Truckly Application or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. (i) With respect to Your participation on the Truckly Application or through the Services, You agree that You will not: (a) Impersonate any person or entity; (b) “Stalk” or otherwise harass any person; (c) Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent; (d) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (e) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (f) remove any copyright, trademark or other proprietary rights notices contained in the Service; (g) interfere with or disrupt the Services or the Truckly Application or the servers or networks connected to the Services or the Truckly Application; (h) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (j) “frame” or “mirror” any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the Totes Application in order to direct any person to any other web site for any purpose; or (k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so. (ii) You further agree that Your Information and Your interactions on the Truckly Application shall not: (a) be false, inaccurate or misleading (directly or by omission or failure to update information); (b) infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; (e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (f) include in Your Information any telephone numbers, street addresses, last names, URL’s or E-mail addresses other than where explicitly asked for it in the Your registration and profile section; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;(h) create liability for Us or cause Us to become subject to regulation as a transportation carrier or provider of taxi service; or (i) link directly or indirectly to any other web sites. You further agree that You will not transfer, use, or sell Your Truckly account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions. Violation of any provision of this paragraph will Truckly T to seek an immediate injunctive relief and seek damages for the violation of any provision of this paragraph.
Totes Inc owns and retains ownership in the Truckly Application, and all intellectual property therein. Contingent upon Your compliance with the terms and conditions of this Agreement, Totes Inc hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable right to participate in and use the Truckly Application on (a) any Android device that You own or control and/or (b) any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”).
This agreement does not allow You to use the Truckly Application on any Android device, iPod touch, or iPhone that You do not own or control, and You may not distribute or make the Truckly Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Truckly Application. You may not copy (except as expressly permitted by this agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Totes Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Truckly and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Totes that replace and/or supplement the Truckly Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Location data provided by the Truckly Application is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Truckly, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.
Any of Your Information, including geolocational data, You upload, provide, or post on the Truckly Application may be accessible to certain Users of the Truckly Application. We cannot verify or guarantee the accuracy of the information Users provide Us on the Truckly Application, and We do not control the information provided by other Users that is made available through Our system. Therefore, Truckly cannot and does not confirm each User’s purported identity. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Truckly Application. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the Truckly Application, You agree to accept such risks and Truckly is not responsible for the acts or omissions of users on the Truckly Application. In order to help You evaluate with whom You are dealing, Truckly can link to a User’s Facebook.com profile if they supply Us with their Facebook.com account information. We also encourage You to communicate directly with each potential Driver or User prior to engaging in an arranged transportation service.
Truckly E-mail and Text Communications
E-mail communications and text messages sent from Us or through Us are designed to make Your Truckly experience more efficient. By becoming a User and/or Driver, You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential available Drivers or Users and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change Your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enroll in the notification service. Truckly reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications or text messages, please do not use the Services.
All intellectual property rights on the Truckly Application and in the Services shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Truckly Application are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Truckly Application or the Services (“Submissions”), provided by You to Us are non-confidential and shall become the sole property of Truckly. Truckly shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
Indemnity You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including: (a) Your breach of this Agreement or the documents it incorporates by reference; (b) Your violation of any law or the rights of a third party, including, without limitation, Drivers, Users, other motorists, and pedestrians, as a result of Your own interaction with such third party; (c) any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (d) Your ownership, use or operation of a motor vehicle or passenger vehicle, including Your provision of services to Users; (e) any damages or losses incurred with respect to personal items that are being hauled; and/or (f) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person; and/or (f) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us. Under no circumstances will We be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to participants. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the “Content”) that You post in the public areas of the Services and in Your private e-mail messages. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
The Truckly Application contains (or You may be sent through the Truckly Application or the Services) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the Truckly Application or any Third Party Applications, Software or Content posted on, available through or installed from the Truckly Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the Truckly Application and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the Truckly Application or relating to any applications You use or install from the Truckly Application.
We, Our subsidiaries, officers, directors, employees and our suppliers provide the Truckly Application and the Services on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Truckly Application and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the Truckly Application or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible for any damage or loss incurred to any personal items that are being transported by a Driver or any personal injuries sustained by a Driver in connection with such transport. We are not responsible or liable in any manner for any Content posted on the Truckly Application or in connection with the Service, whether posted or caused by Users of the Truckly Application, by Truckly, by third parties or by any of the equipment or programming associated with or utilized in the Truckly Application or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the Truckly Application and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Truckly Application or in connection with any Content. Truckly is not responsible for the conduct, whether online or offline, of any user of the Truckly Application or Services. It also is possible for others to obtain personal information about You due to Your use of the Truckly Application or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Truckly Application or through the Services.
You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the Truckly Application or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or “hackers”). Truckly only offers a venue that enables Drivers and Users to match with each other. Truckly does not offer transportation services or moving services and Truckly is not a transportation or moving company. We are not involved in the actual transportation and moving services provided by Drivers to Users. As a result, We have no control over the quality or safety of the moving services that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants’ information listed on the Truckly Application. We cannot ensure that a Driver or User is who he or she claims to be or that a Driver or User will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the Truckly Application and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Totes or the Truckly Application.
The Truckly Application and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Truckly assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Truckly is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Truckly Application, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
Limitation of Liability
In no event will We, Our subsidiaries, officers, directors, employees, or shareholders or Our suppliers, be liable to You for any incidental, consequential, direct or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by Our services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with Truckly, Our services or this Agreement (however arising, including negligence) even if We or Our agents or representatives know or have been advised of the possibility of such damages. We do not screen the participants using the services in any way. As a result, We will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of Truckly or the services, including, without limitation, to damages arising out of communicating and/or meeting with other participants of Truckly or the services, or introduced to you via Truckly or the services. Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of Our subsidiaries, officers, directors, employees, shareholders and suppliers, to You or any third parties in any circumstance is limited to $100. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions or limitations may not apply to You, and You may have additional rights.
Truckly has no responsibility whatsoever for the actions or conduct of Drivers or Users. Truckly has no obligation to intervene in or be involved in any way in disputes that may arise between Drivers, Users, or third parties. Responsibility for the decisions you make regarding providing or accepting of the Driver or User or in the moving, relocation or messaging of the User’s items rest solely with You. It is each User’s and Driver’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. Truckly may but has no responsibility to screen or otherwise evaluate potential Driver’s or User’s. Users understand and accept that Truckly has no control over the identity or actions of the User’s and Drivers, and Truckly requests that users exercise caution and good judgment when using the services. Drivers and User’s use the services at their own risk.
In the event that You have a dispute with one or more Users or against one or more Drivers, You agree to release Truckly (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or Drivers or to Your use of the Truckly Application or the Services. If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if: (a) You breach this Agreement or the documents it incorporates by reference; (b) We are unable to verify or authenticate any information You provide to Us; (c) We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject Truckly or You or any other User to regulation by any state or local government or regulatory agency; or (d) if We suspect that You have engaged in fraudulent activity in connection with the Truckly Application or the Services.
Resolution of Disputes and Legal Claims
You and We agree that any legal disputes or claims between the Parties that cannot be resolved informally will be submitted to binding arbitration in Los Angeles, California. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties The prevailing party in any such arbitration will be entitled to recovery all reasonable attorney fees and costs incurred in the arbitration. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the Truckly Application and/or the Services (including Your use of the Truckly Application and/or the Services) be instituted more than three (3) years after the cause of action arose.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Truckly’s business, operations and properties (“Confidential Information”) disclosed to You by Truckly for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Truckly in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to Truckly with regard to any Confidential Information which You can prove: was in the public domain at the time it was disclosed by Truckly or has entered the public domain through no fault of Yours; was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Truckly; becomes known to You, without restriction, from a source other than Truckly without breach of this Agreement by You and otherwise not in violation of Truckly’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Truckly to enable Truckly to seek a protective order or otherwise prevent or restrict such disclosure.
You and Truckly are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to Truckly shall be given by certified mail, postage prepaid and return receipt requested to Totes Inc., 8726 S Sepulveda Blvd #D238 Los Angeles, CA 90045, and any notices to You shall be provided to You through the Truckly Application or given to You via the email address You provide to Tuckly during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Truckly during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Service, You should contact Our Customer Service Department by email at email@example.com.
This Agreement shall be governed by the laws of the State of California without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Truckly, in Our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and Truckly with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.
Changes to this Statement
Totes Mobile Technologies Inc
8726 S Sepulveda Blvd #D238
Los Angeles, California 90045
Effective as of September 26, 2014