We offer you the services of Docktion® on the condition that you agree to the following terms:
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
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 firstname.lastname@example.org. 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.
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.
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.
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.
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.
Choice of Law and Forum
Severability And Integration