Go By Truck Location Application User Agreement
NOTE: YOU ARE ENTERING A LEGALLY BINDING AGREEMENT.
The purpose of the Go By Truck Locating Application is to provide real-time GPS freight and driver locating capabilities to both shipping and trucking companies using the GBT Network to transact freight.
Scope and Intent
This Agreement may be amended from time to time with or without advance notice, and the policies and processes explained in this Agreement.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Go By Truck Location Application account, (3) are not a competitor of Go By Truck, the Go By Truck Location Application, any of its affiliates, or are not using the Services for reasons outside of the Go By Truck Location Application’s purpose in conjunction with GoByTruck.com; (4) will only maintain one Go By Truck Location Application account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of the Go By Truck Location Application, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring the Go By Truck Location Application account to another party; and (5) refrain from charging anyone for access to any portion of the Go By Truck Location Application, or any information therein. Further, you are responsible for anything that happens through your account until you close your account by removing the Go By Truck Location Application from your device or prove that your account security was compromised due to no fault of your own.
You indemnify Go By Truck, Inc., the Go By Truck Location Application, its directors, officers, investors, employees and affiliates and hold them harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through the Go By Truck Location Application.
Notifications and Service Messages
For purposes of service messages and notices about the Services to you, notice shall consist of an email from Go By Truck to an email address associated with your account, even if we have other contact information. You also agree that Go By Truck may communicate with you through your Go By Truck account, through the Go By Truck Location Application or through other means including email, text, and telephone about your Go By Truck account or services associated with the Go By Truck Location Application. You acknowledge and agree that Go By Truck shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
Using the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. NOTE: Go By Truck will not store your previous locations in an effort to track drivers or shipments. Each time the driver or shipment is located, the previous location will be overwritten. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your Go By Truck Location Application data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Go By Truck Location Application account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Go By Truck Location Application through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
Finally, by using the downloadable Go By Truck Location Application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of this Agreement.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable right to access, through a mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Go By Truck, Inc.), the use of the Services that we provide through the Go By Truck Locating Application in accordance with this Agreement. Any other use of the Go By Truck Locating Application contrary to our mission and purpose (such as seeking to track someone you do not know or trust, or to use information gathered from the Go By Truck Locating Application commercially unless expressly authorized by Go By Truck, Inc.) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Go By Truck Locating Application and all related items.
For as long as Go By Truck, Inc. continues to offer the Services, the Go By Truck Locating Application shall provide and seek to update, improve and expand the Services. As a result, we allow you to access the Go By Truck Locating Application as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Go By Truck Locating Application, partially or entirely, or change and modify all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. The Go By Truck Locating Application further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Go By Truck, Inc. to be contrary to this Agreement. For avoidance of doubt, Go By Truck, Inc. has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Go By Truck, Inc. is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Go By Truck, Inc. also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. If you allow a Platform Application or Third Party Site to authenticate to or connect with your Go By Truck account, that application or website could access information on the Go By Truck Locating Application related to you.
Disclosure of User Information
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Go By Truck, Inc., our Users or the public.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you.
Do not rely on the Go By Truck Locating Application, any information therein, or its continuation. We provide the platform for the Go By Truck Locating Application and all information and services on an “as is” and “as available” basis. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, title, and non-infringement. If you are dissatisfied or harmed by Go By Truck, Inc. or the Go By Truck Locating Application or anything related to the Go By Truck Locating Application, you may close your Go By Truck account and terminate this agreement in accordance with the Termination Section of this Agreement and such termination shall be your sole and exclusive remedy.
Go By Truck, Inc. is not responsible, and makes no representations or warranties for the delivery of data sent through the Go By Truck Locating Application to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service or technology to us.
Go By Truck, Inc. does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, Go By Truck, Inc. disclaims all liability for identity theft or any other misuse of your identity or information.
Go By Truck, Inc. does not guarantee that the services provided through the Go By Truck Locating Application will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. Go By Truck, Inc. disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Go By Truck, Inc. disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Go By Truck Locating Application due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
Limitation of Liability
Some jurisdictions do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may not apply to you.
Neither Go By Truck, Inc. nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Go By Truck Affiliates”) shall be liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from GoByTruck.com or a third party website providing the Go By Truck Locating Application. This limitation of liability shall:
A. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
B. Not apply to any damage that the Go By Truck Locating Application may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
Mutual Rights of Termination
You may terminate this Agreement, for any or no reason, at any time, with no notice to Go By Truck, Inc. Go By Truck, Inc. may terminate the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your Go By Truck account or Go By Truck Locating Application may include disabling your access to GOByTruck.com and may also bar you from any future use of the Go By Truck Locating Application.
Misuse of the Services
Go By Truck, Inc. may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes attempting to track other Users who you are not authorized to track; creating multiple or false accounts; using the Services without Go By Truck, Inc.’s authorization, infringing any intellectual property rights, or any other behavior that Go By Truck, Inc., in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, the Go By Truck Locating Application has adopted a policy of terminating the accounts of Users who, at Go By Truck, Inc.’s sole discretion, are deemed to be repeat infringers.
Effect of Termination
Upon the termination of your GoByTruck.com or Go By Truck Locating Application account, you lose access to the Services. In addition, Go By Truck, Inc. may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users.
Law and Disputes
Any Disputes relating to intellectual property rights, obligations or any infringement claims, or any other disputes with Go By Truck, Inc., GoByTruck.com or the Go By Truck Locating Application, arising out of or relating to the Agreement or Services, shall be governed by Missouri, USA law regardless of where you use the Go By Truck Locating Application, and notwithstanding of any conflicts of law principles.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Go By Truck Services.
Amendments to this Agreement
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.GoByTruck.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per the Termination Section.
No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any GoByTruck.com or Go By Truck, Inc. Affiliate shall be deemed legally binding on any GoByTruck.com or Go By Truck, Inc Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Go By Truck, Inc.
No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, the Go By Truck Locating Application for any third party that assumes our rights and obligations under this Agreement.
Go By Truck Tracker User “DOs” and “DON’Ts”
As a condition to access the Go By Truck Locating Application, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
Do undertake the following:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws,
and regulatory requirements;
2. Provide accurate information to us and update it as necessary;
4. Review and comply with notices sent by Go By Truck, Inc. and GoByTruck.com concerning the Services; and
5. Use the Services in a professional manner.
Don’t undertake the following:
1. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Go By Truck Locating Application except as permitted in this Agreement or as expressly authorized by Go By Truck, Inc.;
2. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
3. Utilize information, content or any data you view on and/or obtain from the Go By Truck Locating Application to provide any service that is competitive to Go By Truck, Inc. or GoByTruck.com;
4. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Go By Truck, Inc. unless you have entered into a written agreement with Go By Truck, Inc. (this includes, but is not limited to representing yourself as an accredited Go By Truck Affiliate if you have not been certified as such;
5. Adapt, modify or create derivative works based on the Go By Truck Locating Application or technology underlying the Services, in whole or part;
6. Rent, lease, loan, trade, sell/re-sell access to the Go By Truck Locating Application or any information therein, or the equivalent, in whole or part;
7. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
8. Access, via automated or manual means or processes, the Go By Truck Locating Application for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
9. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Go By Truck Locating Application;
10. Attempt to or actually access the Go By Truck Locating Application by any means other than through the interfaces provided by Go By Truck, Inc. and GoByTruck.com;
11. Attempt to or actually override any security component included in or underlying the Go By Truck Locating Application;
12. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Users or Go By Truck, Inc. personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
13. Remove any copyright, trademark or other proprietary rights notices contained in or on the Go By Truck Locating Application, including those of GoByTruck.com, the Go By Truck Locating Application and any of its licensors;
14. Remove, cover or otherwise obscure any form of advertisement included on the Go By Truck Locating Application;
15. Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from the Go By Truck Locating Application except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
16. Share information of non-Users without their express consent;
17. Interfere with or disrupt the Go By Truck Locating Application, including but not limited to any servers or networks connected to the Go By Truck Locating Application or GoByTruck.com;
18. Use or attempt to use another's account without authorization from Go By Truck, Inc., or create a false identity on GoByTruck.com or within the Go By Truck Locating Application;
19. Infringe or use the Go By Truck Locating Application brand, logos and/or trademarks, including, without limitation, using the words “Go By Truck” or “Go By Truck Locating Application” in any business name, email, or URL or including Go By Truck, Inc.’s trademarks and logos except as expressly permitted by Go By Truck, Inc.;
20. Upload, post, email, transmit or otherwise make available or initiate any content on GoByTruck.com or within the Go By Truck Locating Application that: