Terms of Use

We offer you the services of Docktion® on the condition that you agree to the following terms:

BY USING THIS WEBSITE IN ANY MANNER, YOU VOLUNTARILY AGREE TO ALL OF THE TERMS OF USE NOW IN EFFECT AND AS THEY MAY BE AMENDED IN THE FUTURE.

Acceptance
The following legal terms and conditions govern your use of all directions, information, materials and documents being made available to you on this Website (the “Materials”).  BY SUBMITTING A QUERY OR BY USING THE MATERIALS, YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN (THE “TERMS OF USE”).

Please review these terms carefully. If you do not agree to these Terms of Use please do not submit a query or use this Website or the Materials.

Privacy Policy
Click here to review our Privacy Policy, which is part of these Terms of Use and part of your legal agreement with us.

Proprietary Rights
You acknowledge and agree that the Materials are protected by copyright, trademark, trade secret and other proprietary rights and laws.  For example, we own a copyright in the selection, organization, arrangement and enhancement of the Materials, as well as in the Materials it created.  Third parties whose Materials appear on this Website own the copyright in the Materials they created.  No portion of the Materials or the data contained in the Materials may be reproduced in whole or in part unless expressly authorized by us or the applicable copyright owner in writing.

The Docktion® name and logo, and all related product and service names, design marks and slogans are our trademarks and proprietary property.  All other product and service marks contained in the Website are the trademarks and proprietary property of their respective owners.  You may not use any of our or any third party trademarks or logos without our prior written consent or the consent of the applicable trademark owner.

License to and Limitations on Use of Directions and Content Information
Provided you comply with these Terms of Use, we grant you a nonexclusive, non-transferable, revocable, non-sublicensable license to view and print one copy of the Materials solely for your own personal noncommercial use.  You may copy the Materials only to (a) view them on your own screen, (b) save a single copy on your hard drive or disk, (iii) print a copy provided that you do not remove any copyright notices that appear on the materials.  You shall not, without our prior written consent modify or commercially exploit the Materials or the underlying data, including without limitation, you shall not create derivative works of the Materials, use any data mining, robots, or similar data gathering and extraction tools on the Materials, frame any portion of the Materials, or reprint, copy, modify, translate, port, publish, sublicense, assign, transfer, sell or otherwise distribute the Materials or imply that there is any association between you and us or Docktion®.  You shall not derive or attempt to derive the source or object code or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means.  You shall not upload, post, email, transmit or otherwise make any Materials available to any other person.  You shall not use the Materials to operate a service bureau or for any other use involving the processing of data of others.  You shall use the Materials and this website for legal purposes only and shall not use them in any manner that violates the laws of any jurisdiction.  You do not receive any, and we retain all, ownership rights in the Materials.  You shall not alter or remove any copyright notice or proprietary legend contained in or on the Materials.  Nothing contained in this website shall be construed as granting you a license under any copyright, trademark, trade secret or other intellectual property right we have or any third party has, except for the right of use license expressly contained in these Terms of Use.

Procedure for Making Claims of Copyright Infringement 
If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, you may notify us at TruckerScape, Inc. at 3124 S. Parker Road # A2-419, Aurora, Colorado 80014 or at customerservice@docktion.com.  Please provide the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Your name, address, telephone number and e-mail address;
  • A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law;
  • A statement that the information that you have supplied is accurate and that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

No Warranties 
THIS WEBSITE AND THE MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TRUCKERSCAPE, INC., ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE WEBSITE AND MATERIALS ARE ACCURATE, COMPLETE, FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE WEBSITE AND MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES MAY NOT LEGALLY BE EXCLUDED.  NO ADVICE OR INFORMATION GIVEN BY TRUCKERSCAPE, INC., ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.  YOUR USE OF THIS WEBSITE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

You use the Website and Materials at your own risk and we are not obligated to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Website and Materials.  All costs associated with any servicing, repair or correction associated in any way with any use of this Website, the Materials and software are your sole responsibility.  The Materials may include technical inaccuracies or typographical errors.  In addition, you may find that weather, construction projects, traffic conditions, or other events may cause road conditions to differ from the listed results or cause a different route to be a better choice.  Please obey the rules of the road at all times and comply with all posted signage.

You may not use this Website for any illegal, unauthorized, unintended, unsafe, hazardous or unlawful purpose or in any manner that is inconsistent with these Terms of Use.  You agree to assume full responsibility to drive safely, observe all traffic rules and use your own personal judgment while driving.  You agree that you will use your own judgment in whether or not to follow any route suggestions by Docktion® if you believe that the suggested route instructs you to perform an unsafe or illegal maneuver or routes you to an area that you consider unsafe.

TruckerScape, Inc. may at any time change, modify, add to or discontinue any aspect or feature of the Website or Materials, including, but not limited to, the software, content, hours of availability, equipment needed for access or use, or the availability of the Website or Materials on any particular device or communications service without notice.  Any such changes shall be effective immediately upon being posted on the Website.  Please check these Terms of Use regularly when you enter the Website for any changes.

Limitation of Liability 
UNDER NO CIRCUMSTANCES SHALL TRUCKERSCAPE, INC., OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, OR AGENTS  (COLLECTIVELY, THE “TRUCKERSCAPE GROUP”) BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THIS WEBSITE, MATERIALS, SOFTWARE, ANY LINKED SITE, OR ANY USE OF ANY OF THE FOREGOING INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, SAVINGS OR PROFITS.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE TRUCKERSCAPE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  IF FOR ANY REASON THE TRUCKERSCAPE GROUP SHALL BE FOUND TO BE LIABLE, OUR AGGREGATE LIABILITY TO YOU OR ANY OTHER PARTY OR PARTIES CLAIMING WITH, UNDER OR THROUGH YOU, SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO TRUCKERSCAPE, INC. FOR MEMBERSHIP IN THE SITE, NOTWITHSTANDING THE NUMBER OF CLAIMS AND NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  NO CLAIM OR ACTION ARISING FROM OR CONCERNING THE SITE, CONTENT OR SOFTWARE OR OTHERWISE HEREUNDER MAY BE BROUGHT LATER THAN ONE YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.  THE TRUCKERSCAPE GROUP’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE TRUCKERSCAPE GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SITES LINKED TO OR FROM THIS WEBSITE.

Without limiting the foregoing, under no circumstances shall the TruckerScape Group be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnification 
You agree to defend, indemnify, and hold harmless the TruckerScape Group from all liabilities, claims, and expenses of every kind and nature, including, but not limited to, attorneys’ fees, that arise from your violation of these Terms of Use or your use or misuse of the Materials or this Website.  We shall have the right to determine the identity of our legal counsel and you shall hire and pay for such counsel and all costs associated with the defense.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Third Party Advertisements, Links and Sales
We allow advertisers to advertise on our Website under certain conditions, but we try to make sure they are clearly marked as advertisements.  Advertisements found on the Website do not express the views or opinions of TruckerScape, Inc.  The Website may provide links to third-party websites.  Advertisers may place and read cookies on your browser, or use web beacons that allow the advertisers’ servers to recognize your computer each time they send you an online advertisement.  You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set — each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

Specifically, this Website includes advertisements served by Google AdSense and other advertisers in Google certified ad networks.  Google uses the DoubleClick DART cookie to serve advertisements based on your prior visits to this Website and/or visits to other sites on the internet.  You may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting the ads preference manager. Alternatively, you may opt out of a third-party vendor’s use of cookies for interest based advertising by visiting aboutads.info.

We do not recommend, monitor, control or endorse any third-party advertising or content, nor the content on any third-party websites and we are not responsible for their terms of use or privacy policies or how they may collect or treat your information.  We disclaim all warranties and responsibility for the websites of third parties, and for the accuracy, availability, or completeness of any content found on those websites.  Your use of third-party websites is at your own risk.  Dealings you have with advertisers found on the Website are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

You agree to look only to the manufacturer of any products or services bought through our Website, and not to TruckerScape, Inc., in the event you suffer any damages of any nature related to such products and services.  We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against TruckerScape, Inc. with respect to such third-party sites and content.

International Use 
The Website is intended for users located in the United States.  We make no representation that accessing this Website from territories outside the United States is legal, and accessing the Website from any territory in which such access is illegal is prohibited under these Terms of Use.  If you are located outside of the U.S. and you use or attempt to use the Website, you do so at your own risk and you are responsible for compliance with all applicable local and national laws, rules and regulations and, if applicable, international treaties, that apply to you.

Choice of Law and Forum 
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law rules.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Materials and this Website shall be initiated and maintained only in the state court located in Arapahoe County, Colorado (USA) or the federal court located in Denver, Colorado (USA), and you further agree and submit to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action.  Any action by you against us or the TruckerScape Group hereunder shall be brought within one (1) year after the claim arose, or such action shall be barred forever.

Severability And Integration 
These Terms of Use constitute the entire agreement between you and us with respect to the Materials and this Website.  If any part of these Terms of Use is held invalid or unenforceable, that portion held invalid or unenforceable shall be modified so that the portion is valid and enforceable to the fullest extent permitted by law.  In the event the portion cannot be so modified, that portion shall be stricken from these Terms of Use, but the remaining portions of these Terms of Use shall remain in full force and effect.

Termination 
We reserve the right, in our sole discretion, to terminate your access to the Materials or to all or part of this Website, with or without notice.  This license shall terminate immediately and automatically without notice if you fail to comply with any provision of these Terms of Use.

BY USING THIS WEBSITE IN ANY MANNER, YOU VOLUNTARILY AGREE TO ALL OF THE TERMS OF USE NOW IN EFFECT AND AS THEY MAY BE AMENDED IN THE FUTURE.

TruckerScape, Inc. is not responsible for any damages or losses incurred by you in using this website.

© 2013-2022 TruckerScape, Inc.
Any copying or other reproduction or distribution of this material is expressly prohibited without written permission from TruckerScape, Inc. See our Terms of Use & Privacy Policy for more information.