By using or viewing the information, tools, features, Heavy Duty Truck History Reports (“Reports”) and functionality located on the Site (the foregoing, collectively, the “Service”), you agree to be bound by this Agreement, without limitation or qualification, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered with the Site as a dealer of commercial vehicles or as a consumer). The term “you” or “User” refers equally to a Visitor or a Member. The term “we” refers to Truckchex. Truckchex gives you the right to view and use its Service as provided on the Site subject to these terms. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login, allows you to access the Service.
- Ownership: Truckchex is the sole owner and operator of the Site. This site contains proprietary information that includes copyrighted, trademarked, and other content which is protected by law. Unless otherwise noted, Truckchex is also the sole owner of all of the information and material on the Site, and retains in its sole discretion the option to change, alter, add, or delete any content contained therein. All materials are copyrighted © by Truckchex and ALL RIGHTS ARE RESERVED. Except as expressly provided herein, Truckchex grants no express or implied license under any patent, copyright, trade mark, trade name, trade secret or any other proprietary right.
- No Harmful Use: In exchange for our permission to use the Site, you agree not to do anything to harm the functioning or content of the Site. You also agree that you will not use any false or misleading identity when interacting with this Site, or do anything that is fraudulent, obscene, libelous or legally prohibited.
- Content and Reliance: The information and content provided on this site, through the Service and in any Reports ordered by you, are for informational purposes only. Your use of, or reliance on, the Service shall in no way create a legal, business or other professional relationship between you and Truckchex. The Service associated with the Site is provided to you on an “as-is,” “as available,” and “with all faults” basis. You expressly agree that your use of the Service, and reliance on any information therein provided to you, including, but not limited to, truck title history, lien status and mileage reports, is at your sole risk. Since each truck is unique, and the purchase of a truck is an investment by you, you are advised to verify any information about a truck you are contemplating purchasing with a qualified mechanic or other automotive professional. Truckchex shall not be responsible or liable for any errors, omissions or inaccuracies in any content on this website and/or provided in any way through the Service.
- License and Limitations of Use: Truckchex hereby grants you a limited personal use license to access, display and view portions of the Site solely for your own personal and non-commercial use; provided that, in order for the preceding sentence to apply, and for such license to remain valid and not be automatically terminated without notice to you, any such content is not modified or pirated, all proprietary notices are kept intact, and all terms and conditions set forth herein are complied with. You may make printouts of the Site content for your individual, personal use, however, the Site content, including, but not limited to, text, images, logos, algorithms, and software code, may not otherwise be copied, reproduced, republished, translated, sold, rented, uploaded, posted, transmitted, or distributed in any way. You are further prohibited from creating a derivative work of the content on any other web site, or through any other service or commercial endeavor, including by “scraping” or similar systematic retrieval action designed to derive lists of users, data or similar from the Site in any manner or in any quantities not authorized by Truckchex. You are not authorized to access the Company’s computers other than as expressly permitted according to the license set forth herein and unauthorized attempts to upload information and/or change information on this Site is strictly prohibited. The Company expressly reserves all rights under the Computer Fraud and Abuse Act of 1986 and Title 18 U.S.C. Sec. 1030 for any unauthorized access which exceeds the license granted hereunder. Any violation of this Agreement may be prosecuted to the fullest extent of the law.
- Limitations Concerning Resale to Members of the Public. Users may not resell any portions of the Reports to other parties.
- Third Party Site Participants: From time to time, Truckchex, in its sole discretion, may permit third parties (“Third Party Site Participants”) to display advertisements, logos, links, or other content on the Site. Truckchex assumes no responsibility for the business practices, operations, activities or web site content of any Third Party Site Participants whose name, logo, link, or other indicia appears on this Site or who is otherwise identified through the Service. Such Third Party Site Participants are independent entities, and are not under the control of Truckchex.
- Malfunctions, Service Interruptions or Viruses: Truckchex makes no representation, warranties or guarantee that its Site, the content contained therein and the Service are free of infection from any viruses, malicious code, computer programming routines or languages that contain contaminating or destructive properties, or that are intended to damage, surreptitiously intercept or expropriate any system, data, or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output . Truckchex cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or other Service interruptions. Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, natural disasters, acts of God, periodic updating or other actions that Truckchex, in its sole discretion, may elect to take.
- Termination: This Agreement will continue to apply until terminated by either you or Truckchex. If, as a Member, you seek to terminate this legal Agreement with Truckchex, you may do so by closing your account for the Service, and canceling your membership. If, as a Visitor, you seek to terminate your legal Agreement with Truckchex, you may do so by closing your Internet web browser, or navigating away from the Site. Truckchex may, at any time and in its sole discretion without notice to you, terminate its legal Agreement with you if you have breached any provision of this Agreement.
TRUCKCHEX DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THE SITE AND THE SERVICE, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF THE CONTENT CONTAINED THEREIN, IN ANY WAY AND FOR ANY PURPOSE.
IN NO EVENT WILL TRUCKCHEX BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE OR RELATED CONTENT, OR LOSS OF DATA, EVEN IF TRUCKCHEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS TRUCKCHEX’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Indemnification: You agree to defend, indemnify, and hold harmless Truckchex and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Site, the Service or any information you obtain from the Site or the Service. IF TRUCKCHEX TAKES ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, YOU AGREE THAT YOU WILL BE RESPONSIBLE FOR, AND WILL PAY ALL OF, TRUCKCHEX’S LEGAL FEES AND ASSOCIATED EXPENSES INCURRED IN CONNECTION WITH SUCH ACTION.
- Severability: If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, and in no way shall such portion(s) impair the enforceability of any of the other portions herein. Moreover, if any portion(s) of this Agreement shall for any reason be held to be excessively broad as to scope, activity, or subject, such provisions shall be construed by the appropriate judicial body by limiting and reducing it or them, so as to be enforceable to the extent compatible with the applicable law.
- Waiver: You agree that if Truckchex does not exercise or enforce any legal right or remedy which is contained in, or granted by, this Agreement, such action will not be deemed a formal waiver of Truckchex’s rights or remedies, nor will such action constitute a relinquishment of any right or power hereunder at any one or more times.
- Jurisdiction: You agree that any dispute arising hereunder shall be governed by the laws of the State of New York, County of New York, without regard to its conflicts of laws, and that no legal action of any kind shall be brought exclusively in the state or federal courts of the State of New York, New York County or the Eastern or Southern District of New York. Any claim you bring under these Terms and Conditions, or regarding the use of the Site, must be filed and properly served on the Company within one year after the cause of action first arises, or the claim will be barred in its entirety.
- Entire Agreement: This Agreement constitutes the entire agreement between you and Truckchex and supersedes any prior understandings, agreements, or representations made by or among you and Truckchex, written or oral, to the extent they relate in any way to the subject matter hereof.
Truckchex understands the importance of privacy, and we want you to know that we consider the information that you provide to us, or that is available to us when you visit this Site, to be carefully protected to the best of our ability. We are committed to ensuring your privacy and peace of mind, and personal information is gathered only when you choose to share it, when browsing, when submitting content and when clicking on sponsored advertisements provided by us or our affiliates.
What Personal Information Does Truckchex Gather on the Site?
The information we learn from visitors to, and members of, the Site helps us to personalize and continually improve your experience on the Site. The following is a non-exclusive listing of some of the types of information we gather:
- Internet Protocol Addresses: We use and record your Internet protocol (IP) address for the purpose of: (i) administering the Site; (ii) analyzing Site usage patterns; (iii) preventing abuse of our service; and (vi) optimizing Site product offerings and marketing operations. Your non-personally identifiable IP address may be shared with third parties for the purpose of gathering broad data on marketing operations. We receive and store any information you enter on the Site or provide to us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as allowing you to purchase the products we offer, respond to your requests, improve our service, and to communicate with you.
- Order Information: When you place an order, Truckchex requests information such as your email, credit card number, and billing zip code. This information will be used solely for purpose of billing, which may require sharing this information with a third party secure credit card processor. Your sensitive personal or billing information submitted while placing a secure order will not be used or shared for any other purpose.
- Contact Information: In all communications with Truckchex using the “Contact Us” feature of the Site, we will use your contact information solely for providing our service and communicating with you. Truckchex will not share your email address, or other contact information from your direct communications with us, with third parties. In the event that you place a telephone call to our offices, we may record and store the phone number or telephone exchange from which you are calling. Additionally, any phone calls you may have with our staff may be recorded for quality assurance purposes.
Does Truckchex Share the Information It Receives?
- Agents: We may employ other companies and individuals to perform functions on our behalf. Examples include processing information, sending postal mail or email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to only the information needed to perform these functions, but may not use it for any other purposes.
- With Your Consent: Other than as described above, and from time to time, you may receive communications from us requesting that your permission to share information about you with our third party affiliates. At the time of such communication, you will have an opportunity to choose not to share such information.
How Secure Is Information About Me?
When you visit or conduct business on the Truckchex website, we provide you with the safety of processing all transactions and data exchanges through our secure server. All information you submit is encrypted via a secure sockets layer (SSL) before it is sent over the Internet to our secure servers. In addition, any information which we collect from you passes through our secure servers, which prevents unauthorized access by outside intruders.
As a registered user (whether you are merely a consumer or a dealer of commercial vehicles registered under our Affiliate Program) with Truckchex, you can always add or update certain information in your member profile. When you update information, we may keep a copy of the prior version for our records. Additionally, if you do not want to receive email notices, mail, newsletters or advertisements from us, please follow the “Unsubscribe” instructions at the bottom of any such notice we may send you from time to time.
Information You Can Access.
Examples of information you can access easily on our website include: up to date information regarding purchases and payments; personally identifiable information (including name, email, password, communications preferences, address); payment settings (including credit card information); and email notification settings.
Conditions of Use, Notices, and Revisions.