Last updated: March 1, 2020
Welcome to TRUCKMEIN.com. TRUCK ME IN LLC and/or its affiliates (“TRUCK ME IN”) provide website features and other products and services to you when you visit TRUCKMEIN.com, use TruckMeIn® products or services, use TruckMeIn® applications for mobile, or use software provided by TRUCK ME IN, LLC in connection with any of the foregoing (collectively, “TRUCK ME IN Services”). TRUCK ME IN, LLC provides the TRUCK ME IN Services subject to the following conditions.
TRUCK ME IN, LLC(“TRUCK ME IN”) provides a service (the “Service”) that allows its customers to connect with geographically distributed drivers (“Drivers”) on the TRUCK ME IN network to obtain service providers for various short term engagements. Please read this Customer Agreement (“Agreement”) in its entirety if you wish to use this service, By using TRUCK ME IN Services, you agree to these conditions. Please read them carefully.
We offer a wide range of TRUCK ME IN Services, and sometimes additional terms may apply. When you use an TRUCK ME IN Service (for example, Your Profile, or TruckMeIn® applications) you also will be subject to the guidelines, terms and agreements applicable to that TRUCK ME IN Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use TRUCK ME IN Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other TRUCK ME IN Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any TRUCK ME IN Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of TRUCK ME IN, LLC or its content suppliers and protected by United States copyright laws. The compilation of all content included in or made available through any TRUCK ME IN Service is the exclusive property of TRUCK ME IN and protected by U.S. copyright laws.
TruckMeIn® is a registered trademark, owned by TRUCK ME IN, LLC. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any TRUCK ME IN Service are trademarks or trade dress of TRUCK ME IN in the U.S.TRUCK ME IN’s trademark and trade dress may not be used in connection with any product or service that is not TRUCK ME IN’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TRUCK ME IN. All other trademarks not owned by TRUCK ME IN that appear in any TRUCK ME IN Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TRUCK ME IN.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, TRUCK ME IN or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the TRUCK ME IN Services. This license does not include any resale or commercial use of any TRUCK ME IN Service, or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by TRUCK ME IN or its licensors, suppliers, publishers, rightsholders, or other content providers. No TRUCK ME IN Service, nor any part of any TRUCK ME IN Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TRUCK ME IN, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TRUCK ME IN without express written consent. You may not use any meta tags or any other “hidden text” utilizing TRUCK ME IN’s name or trademarks without the express written consent of TRUCK ME IN. You may not misuse the TRUCK ME IN Services. You may use the TRUCK ME IN Services only as permitted by law. The licenses granted by TRUCK ME IN terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own TRUCK ME IN account to use certain TRUCK ME IN Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the TRUCK ME IN Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their TRUCK ME IN Household. TRUCK ME IN reserves the right to refuse service, terminate accounts, terminate your rights to use TRUCK ME IN Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. TRUCK ME IN reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant TRUCK ME IN a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TRUCK ME IN and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TRUCK ME IN for all claims resulting from content you supply. TRUCK ME IN has the right but not the obligation to monitor and edit or remove any activity or content. TRUCK ME IN takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
TRUCK ME IN respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items are made pursuant to a shipment contract. Your shipping contract and/or terms control when the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
TRUCK ME IN does not take title to any shipments or returned items.Your shipping contract and/or terms control.
TRUCK ME IN attempts to be as accurate as possible. However, TRUCK ME IN does not warrant that product descriptions or other content of any TRUCK ME IN Service is accurate, complete, reliable, current, or error-free.
When you use apps created by TRUCK ME IN, such as the TRUCK ME IN App, you may grant certain permissions to us and others for your device. Most mobile devices provide you with information about these permissions. You can view permissions in apps created by TRUCK ME IN by following these instructions.
Locate Driver in TRUCKMEIN Tracking App:
For most Android devices:
Open the main Settings app.
Select Apps or Application Manager.
Select an app.
Scroll to Permissions to see the features the app has permission to use.
For most iOS devices:
Open the iOS Settings screen.
Select the app to see the features the app has permission to use.
Picking Up Delivery by Driver – Consent to Tracking
Steps: Driver has the ability to choose to turn the tracking availability feature on or off. If driver receives tracking request the driver has the ability to agree to tracking by accepting the request or refuse request by declining the tracking request. Driver cancel tracking at any time.
Business Tracking of Driver – after Picking Up Delivery by Driver & Driver Consented to Tracking
Steps:Business must send tracking request to driver. Upon acceptance business has ability to track location of driver for duration of trip or until driver cancel tracking and/or completes trip.
Dropping Off Delivery by Driver – Termination of Tracking
Steps: When driver completes trips, tracking will automatically end. Driver has the ability to cancel tracking at any time.
Parties other than TRUCK ME IN operate stores, provide services or software, or sell product lines through the TRUCK ME IN Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from TRUCK ME IN. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). TRUCK ME IN does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE TRUCK ME IN SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRUCK ME IN SERVICES ARE PROVIDED BY TRUCK ME IN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TRUCK ME IN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TRUCK ME IN SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRUCK ME IN SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TRUCK ME IN SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, TRUCK ME IN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRUCK ME IN DOES NOT WARRANT THAT THE TRUCK ME IN SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRUCK ME IN SERVICES, TRUCK ME IN’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TRUCK ME IN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, TRUCK ME IN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TRUCK ME IN SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TRUCK ME IN SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
This Agreement is governed by the laws of the State of California and United States of America, and the Parties submit to the exclusive jurisdiction of the courts of Riverside, California and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum. The Parties further agree that the only proper venue for any action shall be in Riverside, California.
If a dispute arises between TRUCK ME IN, LLC and You concerning any matter, you agree to binding Arbitration in Riverside, California for any and all disputes that arise out of, or relate to this Agreement.
CONSENT TO THIS AGREEMENT
By using this App and/or Website http://www.truckmein.com, you consent to the collection and use of information by TRUCK ME IN as specified above. If we decide to change our Conditions of Use, we will post those changes on this page.
LIMITED TIME TO BRING CLAIM
You acknowledge and agree that it is the intent of both You and TRUCK ME IN, LLC to limit the period of time a claim may be filed, even if the period is shorter than that fixed by the statute of limitations. You therefore agree that any cause of action arising out of or related to the Sites and Services must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
Any dispute or claim relating in any way to your use of any TRUCK ME IN Service, or to any products or services sold or distributed by TRUCK ME IN or through TRUCK ME IN.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to TRUCK ME IN, LLC located at: 8161 E. Kaiser Blvd. #28754 Anaheim CA 92809.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your use of TRUCK ME IN Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
TRUCK ME IN, LLC
8161 E. Kaiser Blvd. #28754 Anaheim CA 92809.
ADDITIONAL TRUCK ME IN SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with TRUCK ME IN Services (the “TRUCK ME IN Software”).
Use of the TRUCK ME IN Software. You may use TRUCK ME IN Software solely for purposes of enabling you to use the TRUCK ME IN Services as provided by TRUCK ME IN, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the TRUCK ME IN Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the TRUCK ME IN Software in whole or in part. All software used in any TRUCK ME IN Service is the property of TRUCK ME IN or its software suppliers and is protected by United States and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the TRUCK ME IN Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the TRUCK ME IN Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the TRUCK ME IN Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the TRUCK ME IN Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other TRUCK ME IN or third-party terms applicable to any portion of TRUCK ME IN Software, such as open-source license terms, such other terms will control as to that portion of the TRUCK ME IN Software and to the extent of the conflict.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
TRUCK ME IN, LLC
8161 E. Kaiser Blvd. #28754 Anaheim CA 92809.
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.