1. TRUCKLIST TERMS OF USE
    1. Preamble & Definitions

    These Terms of Use (the “Terms” or the “Agreement”) set forth the binding legal agreement between you (“you,” “user,” “users,” “yourself,” and “your,” as applicable) and Trucklist LLC, a Montana limited liability company (“Trucklist”). 

    The Agreement governs your use of https://trucklist.net/ and all of the related websites, mobile apps, products and services offered by Trucklist, including our plug-ins and browser extensions (collectively, the “Trucklist Platform“). Trucklist and the Trucklist Platform are collectively referred to as “we,” “us,” or “our,” as applicable, in this Agreement. 

    If you are using the Trucklist Platform on behalf of a company, entity, or organization (collectively, a “Subscribing Organization”) then you represent and warrant that you: (i) are an authorized representative or agent of that Subscribing Organization with the authority to bind such a Subscribing Organization to these Terms; (ii) have read the foregoing terms; (iii) understand these terms, and (iv) agree to these terms on behalf of such Subscribing Organization.

    We encourage you to review this Agreement carefully. By accessing or using the Trucklist Platform in any way, including browsing https://trucklist.net/, you are agreeing to these Terms in their entirety. If you do not agree to any of the Terms, you may not use the Trucklist Platform.

    By accessing, visiting, browsing, registering for, or using our Trucklist Platform or services provided through our Trucklist Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and also by our Acceptable Use Policy and Privacy Policy, and have read both carefully and thoroughly. Reading the Terms, the Acceptable Use Policy, and Privacy Policy is your responsibility and Trucklist neither accepts nor assumes any responsibility or liability for any injury, harm, or damage suffered as a result of your failure to read, understand, or follow the Terms or Privacy Policy. If you have any questions about the Terms, the Acceptable Use Policy, or the Privacy Policy, please feel free to contact us.

    These Terms incorporate and include our Privacy Policy, Cookie Policy, and our Acceptable Use Policy. Please visit and carefully read our Privacy Policy for information on how we handle your personal information.

    1.1 Definitions and Interpretation

    In these Terms the following words shall have the following meaning:

    “Materials” means Trucklist’s Platform, trademarks, copyrights, patents, trade secrets, designs, logos, graphics, images, website visual interfaces, graphics, images, logos, designs, compilations, information, computer code (including source code or object code), products, software of the Trucklist Platform strategies, ideas, and any other elements used on the Trucklist Platform or Trucklist property used to deliver the Services;

    “Moving Services” means services offered through the Trucklist Platform for the moving of any materials from one location to another and is a Service;

    “User” or “Visitor” means users of the products and Services available through the Trucklist Platform or visitors to the Trucklist Platform;

    “Services” means products and services available through the Trucklist Platform including without limitation the “Moving Services”;

    1.2 Headings

    The headings in these Terms are for convenience only and shall not affect its construction or interpretation.

    1.3 References to Clauses

    A reference to a “Clause” or a “Paragraph” is a reference to a clause or a paragraph in these Terms unless otherwise stated.

    1.4 Singulars and Plurals

    Words importing the singular include the plural and vice versa.

    1.5 Gender

    Words importing a gender shall include all genders.

    1. Description of Services as Third-Party Facilitator

    The Trucklist Platform is an online service specializing in connecting individuals requiring Moving Services with individuals who are willing to provide such services. The Trucklist Platform allows Users to post advertisements seeking Moving Services, which may be viewed and responded to by other Users, allowing the parties to enter into contracts for these services.

    Users must reach their own agreements regarding Moving Services advertised on the Trucklist Platform. While Trucklist may provide certain information such as User profiles, User-generated ratings, moving distances and pricing information on the Trucklist Platform, this information is provided for informational purposes only. Trucklist acts solely as an intermediary and is not a party to any contracts between Users. Trucklist does not guarantee performance by any User or other third-party advertising services on the Trucklist Platform.

    1. User Obligations

    3.1 Your Obligations

    By visiting the Trucklist Platform or using the Services, you agree with our Acceptable Use Policy, which provides that you shall:

    1. keep your Trucklist Platform password, username, and other login information personal to you or your Subscribing Organization and keep it confidential and secure;
    2. notify Trucklist immediately of any unauthorized use of any password or account or any other known or suspected breach of security impacting your use of the Trucklist Platform;
    3. provide a valid email address and any other information needed in order to complete the User account opening process for the Trucklist Platform or its Services;
    4. provide accurate, current and complete information as necessary for Trucklist to communicate with you from time to time regarding your Trucklist Platform member accounts;
    5. keep your online account information current and inform Trucklist of any other changes to your or Subscribing Organization’s (as applicable) name, address, email address, or phone number;
    6. accept emails from Trucklist at the e-mail address specified by you in your Trucklist Account profile or account information;
    7. agree to Trucklist’s standard Privacy Policy as amended from time to time found on this Trucklist Platform;
    8. agree to any additional posted guidelines or rules applicable to specific services and features relating to the Trucklist Platform which may be posted from time to time such additional guidelines or rules to be incorporated by reference into these Terms when posted to the Trucklist Platform;
    9. not use the Trucklist Platform, or any element thereof, for any illegal purpose, or for the facilitation or counseling of any illegal activity;
    10. not take any action that would damage, harm, or diminish Trucklist and/or this Trucklist Platform’s reputation, goodwill, or public image;
    11. not disclose the personal data or information of any individuals, including but not limited to Users of the Trucklist Platform;
    12. not harvest or collect any data or information about other Users of the Trucklist Platform except such limited information as needed for the proper functioning of the Trucklist Platform Service in compliance with these Terms;
    13. not defame, harass, libel, threaten, defraud, or harm Users of the Trucklist Platform;
    14. not impersonate any person or entity, including, but not limited to, a Trucklist official, or falsely state or misrepresent the origin of any content provided by you to the Trucklist Platform;
    15. not remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Trucklist Platform, the Services or elements thereof including without limitation software code, content, or features that prevent or restrict use or copying of any content available through the Trucklist Platform, or features that enforce limitations on the use of Trucklist Materials;
    16. not interfere with Users’ use of the Trucklist Platform;
    17. not to upload, share, or post harmful or malicious files on the Trucklist Platform, including but not limited to viruses, spyware, worms, and malware;
    18. not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Trucklist Platform;
    19. not modify, adapt, translate, or create derivative works based upon Trucklist Materials or any part thereof;
    20. not copy, modify, reproduce, republish, distribute, sell, post, transmit, or share information connected to or found on the Trucklist Platform and its Services, including, but not limited to, images, graphics, designs, photos, text, logos, data, audio, video, files, content, and other Materials without the express permission of Trucklist.
    21. not infringe any copyrights, trademarks, patents or other intellectual property belonging to Trucklist or any other entity;
    22. not mirror or frame Trucklist and/or its Services;
    23. not copy any concepts, ideas, features, strategies or designs of the Trucklist Platform;
    24. not suggest or imply that you or any of your works, projects, designs, products, statements, services, or ideas are endorsed by Trucklist or the Trucklist Platform, except where we have explicitly done so;
    25. not use the Trucklist Platform in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or other forms of unauthorized advertising;
    26. not reproduce, duplicate, copy, sell, trade, or resell for any commercial purposes any portion of Trucklist Materials, Services or products (this specifically excludes a User’s right to exploit the Services in order to find another User to whom to provide Moving Services in accordance with these Terms);
    27. not to provide any false or purposely inaccurate information on the Trucklist Platform including providing false intentions to pay for or provide Services;
    28. not fail to pay for a job you accepted for Moving Services;
    29. not fail to provide your quoted rate and service;
    30. not make use of the Trucklist Platform or Services in any commercial matter not expressly provided for on the Trucklist Platform without Our prior written agreement;
    1. expressly waive and release any and all rights and benefits provided pursuant to section 1542 of the Civil Code of the State of California, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor,” and further waive and release any and all right and benefits provided by similar statutory provision in any other jurisdiction;
    2. waive any right to a participate in a class action against the Trucklist Platform in any jurisdiction where such waiver is possible;
    3. waive any right to participate in a trial by jury against the Trucklist Platform in any jurisdiction where such waiver is possible;
    4. release Trucklist and its directors, officers, employees, agents, representatives, subsidiaries, joint ventures, and affiliates from any liability arising from any dispute arising and also from any responsibility for resolving such a dispute;
    5. release Trucklist and its directors, officers, employees, agents, representatives, affiliates, partners, and licensors from any liability in relation to correspondence or transactions between you and any third party made through the Trucklist Platform;
    1. not conduct yourself on the Trucklist Platform or in connection with the Services in any way that may:
    1. be construed as unlawful, threatening, harmful, abusive, stalking, tortuous, defamatory, libelous, vulgar, hateful, obscene, offensive, racially, ethnically, or otherwise objectionable,
    1. be designed to interfere or interrupt the Trucklist Platform or Services
    2. infect this Trucklist Platform with a virus or other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or
    3. give rise to a civil or criminal liability, or in violation of an applicable local, national or international law.

    3.2 User Accounts

    Each User may only create one account on the Trucklist Platform unless otherwise approved by us. The creation of multiple accounts without prior permission from us by a single User may result in the suspension, termination, or deletion of all accounts connected to the User acting in breach of this term.

    Trucklist reserves the right to suspend, terminate or delete a User account for breach of any of these terms.

    By using the Trucklist Platform you agree and acknowledge that Trucklist reserves the right to investigate violations and suspected violations of the Terms, including cooperate with law enforcement agencies and disclose your personal information to such law enforcement agencies where necessary.

    By using the Trucklist Platform you agree and acknowledge that Trucklist is under no obligation to investigate violations or suspected violations of the Terms, or other User behavior, but reserves the right to do so.

    You agree to release Trucklist and its owners, directors, officers, agents, and employees of all and any liability resulting from any damage, harm, or injury suffered as a result of the termination, suspension, or deletion of your accounts resulting from your breach of any Terms.

    1. User Transactions

    Trucklist is a third-party facilitator of Moving Services and not a party to any agreements between Users. By using the Trucklist Platform you acknowledge and agree that we will not assume any responsibility for ensuring performance or that payment is made for any Services obtained through the Trucklist Platform, and we will not resolve any performance-related disputes or payment disputes between Users. You also acknowledge and agree that Trucklist makes no representations, guarantees, or warranties regarding the existence of a refund policy or any other terms in any contracts entered into between Users of the site whether those contracts are made separately between Users or deemed to have been created through the Trucklist Platform.

    1. Intellectual Property

    5.1 Ownership of Trucklist Platform Materials

    Unless otherwise stated, the Trucklist Platform, Services, and Materials are protected by United States, and international copyright law and conventions, and all other relevant intellectual property and proprietary rights laws.

    Except for any User generated content on the Trucklist Platform, all Materials generally are the sole property of Trucklist or its subsidiaries or affiliated companies and/or third-party licensors. Except as expressly authorized by Trucklist, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that we may have related to this Trucklist Platform, its materials and contents and Services that may be provided through this Trucklist Platform. By making this Trucklist Platform and Services available to you, Trucklist is not providing you with any implied or express licenses or rights other than those expressly stated in these Terms.

    Any feedback you provide us, including, but not limited to, suggestions, comments, ideas, and recommendations, becomes the property of Trucklist upon its receipt by us.

    Some products or company names and devices, logos, icons, graphics, or designs published on this Trucklist Platform are the property of their owners and are exhibited only in such a manner as is intended to be a benefit to their owner. We intend no infringement of these property rights.

    5.2 User License

    We grant Users a limited, non-exclusive, non-transferable license to view, download and print any content over which we hold intellectual property rights for your personal and non-commercial purposes. Users have no right to sub-license any such content.

    No licenses or rights are granted to you, by implication or otherwise, in or to any intellectual property rights owned or controlled by Trucklist or its licensors, except for the licenses and rights expressly granted in these Terms.

    5.3 User Generated Content and Data

    5.3.1 “User Data” means all data submitted, stored, posted, displayed, transmitted, or otherwise used by you in connection with your use of the Trucklist Platform or Services.

    By posting any content including without limitation User Data on this Trucklist Platform (“User Content“), you grant (or warrant that the owner of such rights has expressly granted) to Trucklist the perpetual, exclusive, worldwide, sub-licensable, royalty-free and fully paid license to use any or all of the User Content posted, in its original or edited form, in books, Internet websites, emails, tweets, social medial platforms, newspapers, articles, commentaries or in any other medium now known or later developed. You also warrant that you own, or otherwise control, all of the rights to the User Content and User Data posted and that the public posting and use of such User Content by Trucklist will not infringe the rights of any third party. You further warrant that you waive any ‘moral rights’ in posted User Content or that those moral rights have been waived by the author of the User Content before it was posted. Unless otherwise stated, you are not entitled to any compensation for any User Content posted on this Trucklist Platform or for Trucklist’s use thereof pursuant to the license set forth above. You further assign to us the right to remove, delete, hide, move, modify for content, quote, or edit any post, submission, or other User Content you contribute to the Trucklist website.

    By using the Trucklist Platform you agree not to post, share, provide, distribute, upload, or sell to Trucklist any content or User Data which is not your property or for which you do not have copyright, except where you have received express permission from the owner or copyright holder. In the event that you post, share, provide, distribute, upload, or sell any Content which is not your property or for which you do not have copyright, You agree to indemnify us for any resulting damages, injury, costs, loss, or harm suffered including attorney’s fees and court costs.

    5.3.2 User Content. Users may upload content to the Trucklist Platform, including but not limited to images of the vehicle the User will use when providing the Services. Such is User Content and subject to these Terms accordingly.

    5.3.3 Modification of User Content. Trucklist reserves the right to modify the User Content. The following is a non-exhaustive list of modifications that may be made to the User Content:

    • the removal of any personally identifiable information (e.g., license plate numbers or home address numbers);
    • the addition of Trucklist logos;
    • the addition of our Trucklist Platform name and address;
    • the removal of third-party logos or marks;
    • the blurring out of images of people;
    • the modification of the aspect ratio;
    • the modification of the dimensions;
    • the modification of the file type;
    • color correction; and
    • the modification of the file size.

    5.3.4 “Modified User Content” means user Content modified by Trucklist. Modified User Content is separate and distinct from the original User Content submitted, posted, or shared by Users. Trucklist owns all intellectual property rights in and to the Modified User Content. Users shall have a non-exclusive, royalty-free, revocable, assignable, license to use, repost, distribute, and display the Modified User Content associated with their User Content subject to our use and these Terms, and conditions. Users shall not have the right to and shall not modify any Modified User Content.

    5.4 Removal of Content

    We reserve the right to remove User Content and any other content from the Trucklist Platform for any reason at our sole discretion without warning. Do not use the Trucklist Platform as your primary means of storing your images and content. By using the Trucklist Platform, you agree to release us of all liability arising from any harm, injury, costs or damage suffered as a result of the removal, suspension, or deletion of User Content or any other content from the Trucklist Platform.

    5.5 DMCA and Copyright

    Trucklist respects the rights of copyright holders and will quickly respond to any claims of copyright infringement reported on our Trucklist Platform. If you find anything on our Trucklist Platform that you believe infringes your copyright or the copyrights of a person you are authorized to represent, please report the alleged infringement using a Digital Millennium Copyright Act (DMCA) notice. To do so, please provide us with the following information:

    1. Identification of the copyrighted work that you claim has been infringed;
    2. Identification of the allegedly copyright infringing content on our Trucklist Platform that you desire to have removed or disabled;
    3. Include the URL that points to the allegedly copyright infringing content; or
    4. Include a description of where to find the allegedly copyright infringing content;
    5. Your contact information including name, address, email address, and phone number;
    6. A physical or digital signature of the true copyright holder or their authorized representative;
    7. A statement by you that you have a good faith belief that the use of the allegedly copyright infringing material is not authorized by the copyright owner, its agent, or the law; and
    8. A statement by you that the information in the DMCA Notice is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

    Please send any DMCA notices to us at:

    Trucklist LLC
    2719 Daisy Drive
    Bozeman, MT 59718

    We reserve the right to remove allegedly copyright infringing content without notice and without liability to you. We reserve the sole discretion to suspend, terminate, ban, or delete any User account associated with or connected to any copyright infringing activities or behaviors and you agree that Trucklist is not liable to you for any harm, injury, loss, or damage suffered should such an event occur.

    1. Trucklist Platform Security

    Trucklist endeavors to protect your Personal Data and User account from security breaches. However, we cannot guarantee the safety of your Personal Data or User account. By using Trucklist, you agree to release us from all and any liability for any harm, injury, or damage suffered by you, or the Subscribing Organization you represent, as a result of a security breach, failure or short coming of Trucklist. You agree to use our Trucklist Platform at your own risk.

    By using this Trucklist Platform you agree to notify us immediately if you believe that a security breach is occurring, or will occur.

    You are solely responsible for creating a strong password and protecting it. Never share your password with anyone. By using this Trucklist Platform, you agree to release us of all and any responsibility or liability for any harm, injury, or damage suffered by you, or the Subscribing Organization you represent, as a result of the disclosure of your password, unauthorized access to your Trucklist account or your breach of these Terms.

    1. Social Sign-In

    In lieu of making an account through our Trucklist Platform, Users may be able to use a social sign-in (such as Facebook, Twitter, or Gmail) to access our Services. These Terms and our Privacy Policy do not apply to third-party websites; however, if you use a social sign-in to access our Services or Products, you agree to be bound by both our Terms and Privacy Policy, as well as the terms of service and privacy policy of the website associated with your social sign-in.

    1. User Representations and Warranties

    8.1 One User Per Account

    By using the Trucklist Platform and/or the Services you warrant that you are the person named in the User account you are using. Only you can use your account and accounts are non-transferable.

    8.2 Compliance with Local Laws

    By using the Trucklist Platform and/or the Services you warrant that your use of this Trucklist Platform and Service does not break any applicable laws in your local jurisdiction.

    8.3 Age of Majority

    By using this Trucklist Platform and/or the Services you affirm that you are age 18 or older. This website is not intended for individuals of age 18 and under. If you are 18 years old or younger, do not use this website.

    Upon registering as a User on the Trucklist Platform you affirm that you are the age of majority where you reside and are competent to enter into a contract with Trucklist. If you are below the age of majority where you reside, you affirm that your legal guardian has registered the User account and has entered into a contract with Trucklist and accepted these Terms.

    By using this Trucklist Platform you affirm that you are competent to enter these Terms, as well as enter into the conditions, representations, warranties, and obligations provided in these Terms, and further agree that you will comply with and follow these Terms.

    1. Disclaimers and Waiver of Liability

    9.1 General Disclaimers

    BY USING TRUCKLIST AND ITS RELATED SERVICES YOU AGREE TO DO SO AT YOUR OWN RISK. THE PRODUCTS, SERVICES, AND TRUCKLIST PLATFORM AND ALL RELATED USES, CONTENT, AND MATERIALS ARE PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND ARE PROVIDED ON AN “AS IS” BASIS. WITHOUT LIMITING THE FORGOING, TRUCKLIST AND ITS RELATED SERVICES ARE PROVIDED WITHOUT IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT TRUCKLIST AND ITS RELATED SERVICES WILL FUNCTION WITHOUT ERRORS OR DOWNTIME. BY USING OUR TRUCKLIST PLATFORM, YOU AGREE THAT TRUCKLIST AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, ARE NOT LIABLE FOR ANY LOSS, HARM, DAMAGE, COST, OR INJURY SUFFERED IN CONNECTION WITH USING, OR THE INABILITY TO USE, OUR TRUCKLIST PLATFORM, PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO ERRORS, MALICIOUS ATTACKS, OR DOWNTIME WHICH AFFECT OUR TRUCKLIST PLATFORM’S SERVICE. BY USING OUR TRUCKLIST PLATFORM YOU AGREE THAT TRUCKLIST IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS, MATERIALS, OR CONTENT SHARED BY USERS. TRUCKLIST IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES. YOU AGREE TO USE TRUCKLIST PRODUCTS AND SERVICES AT YOUR OWN RISK AND YOU ASSUME ANY AND ALL LIABILITY FOR ANY HARM, INJURY, LOSS, COSTS, OR DAMAGES SUFFERED AS A RESULT OF USING TRUCKLIST PRODUCTS OR SERVICES.

    FURTHERMORE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRUCKLIST AND THIS TRUCKLIST PLATFORM MAKE NO WARRANTIES, REPRESENTATIONS, ENDORSEMENTS, OR GUARANTEES RESPECTING THE PRODUCTS, SERVICES, AND ADVICE PROVIDED BY USERS, THE SKILLS OR CREDENTIALS OF USERS ESPECIALLY WITH RESPECT TO THE QUALITY, SUFFICIENCY, LEGALITY OR APPROPRIATENESS OF SUCH PRODUCTS, SERVICES OR ADVICE. IT IS YOUR EXCLUSIVE RESPONSIBILITY AS A USER TO CONDUCT SUFFICIENT DUE DILIGENCE ON OTHER USERS TO ENSURE THAT THE USERS YOU ENGAGE HAVE THE SKILLS, TOOLS, KNOWLEDGE AND EXPERIENCE TO OFFER THE SERVICES FOR WHICH YOU ARE ENGAGING THEM AND ARE SUFFICIENTLY INSURED TO COVER ANY DAMAGES TO PROPERTY OR INJURY TO OR LOSS OF LIFE IN CONNECTION WITH SERVICES THEY OFFER YOU. YOU USE THE SERVICES AT YOUR OWN RISK.

    FURTHERMORE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRUCKLIST AND THE TRUCKLIST PLATFORM MAKE NO WARRANTIES, REPRESENTATIONS, ENDORSEMENTS, OR GUARANTEES TO THE EFFECT THAT THE TRUCKLIST PLATFORM OR SERVICES PROVIDED ARE LEGAL IN YOUR JURISDICTION. IT IS YOUR RESPONSIBILITY TO ENSURE THAT SERVICES ARE LAWFUL IN YOUR JURISDICTION AND YOU AGREE NOT TO USE THE SERVICES OFFERED ON THE TRUCKLIST PLATFORM WHERE UNLAWFUL.

    9.2 Limitation of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRUCKLIST AND ITS OWNERS, DIRECTORS, EMPLOYEES, OFFICERS, CONSULTANTS, AGENTS, LICENSORS, SPONSORS, REPRESENTATIVES AND ASSIGNS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DAMAGES OR LOSS TO PROPERTY, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TRUCKLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

    (i) YOUR USE OF THE TRUCKLIST PLATFORM;

    (ii) YOUR USE OF SERVICES, PRODUCTS OR ADVICE RETAINED THROUGH THE TRUCKLIST PLATFORM;

    (iii) THE INABILITY TO USE THE TRUCKLIST PLATFORM AND/OR THE SERVICES AND PRODUCTS PROVIDED THROUGH THE TRUCKLIST PLATFORM DUE TO ANY CAUSE;

    (iv) THE COST OF PROCUREMENT OF SUBSITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

    (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

    (vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;

    (vii) ANY OTHER MATTER RELATING TO THE SERVICE.

    FURTHERMORE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRUCKLIST AND ITS OWNERS, DIRECTORS, EMPLOYEES, OFFICERS, CONSULTANTS, AGENTS, LICENSORS, SPONSORS, REPRESENTATIVES AND ASSIGNS WILL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAL OR EXEMPLARY DAMAGES ARISING FROM SERVICES OBTAINED THROUGH THE TRUCKLIST PLATFORM, INCLUDING WITHOUT LIMITATION DAMAGES OR LOSS OF PROPERTY, OR INJURY OR DEATH CAUSED AS A RESULT OF MOVING SERVICES OBTAINED THROUGH THE TRUCKLIST PLATFORM.

    9.3 Third-Party Limitation of Liability

    Except for a party’s liability arising from any willful misconduct, or fraud of another party, no party shall be liable for any loss of use, interruption of business, lost profits, damages resulting directly or indirectly from conduct of any third party on the Trucklist Platform, or any indirect, special, incidental, or consequential damages of any kind regardless of the form of action whether in contract, tort (including negligence), strict product liability, or otherwise even if it has been advised of the possibility of such damages.

    The limitations on liability set out in these Terms shall be in addition to and not in replacement or derogation of those limitations on liability set out in any other agreement between some or all of the parties to these Terms.

    9.4 Third-Party Websites, Links, & Services

    Our Trucklist Platform or Services may contain links to other third-party websites, services, products, or content that is not owned, controlled or licensed by us. We make no endorsements, representations, guarantees, or warranties with respect to any third-party websites, services, products, or content. If you click-through on any link posted on Trucklist, you do so at your own risk and agree that Trucklist (including its owners, directors, officers, agents, and employees) are not liable in any manner for any harm (including emotional harm), injury, cost, damage, or loss you may suffer as a result of doing so.

    1. Indemnity

    By using our Trucklist Platform or Services, you agree to indemnify Trucklist and its owners, directors, officers, employees, agents, representatives, consultants, licensors, suppliers, successors, and assigns from and against any and all claims, proceedings, suits, disputes, demands, liabilities, costs (including legal and accounting fees), damages, losses, expenses, and injuries arising from:

    1. any action you take or fail to take, including but not limited to torts, civil wrongs, or criminal wrongs you commit, facilitate, or participate in while using our Trucklist Platform or Services;
    2. Your violation of these Terms;
    3. Your violation of an applicable law or regulation;
    4. Your violation of any rights of a third-party, including but not limited to the rights of other Users, and
    5. Your misuse of the Trucklist Platform or Services.
    6. General

    11.1 Notice for California Users. 

    Under California Civil Code Section 1789.3, California users of the Trucklist Platform are entitled to the following specific consumer rights notice: The services are provided by Trucklist LLC, 2719 Daisy Drive, Bozeman, MT 59718. If you have a question or complaint regarding the Service, please contact Trucklist at info@trucklist.net or by writing to our mailing address. California residents may reach the Consumer Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs, which may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

    11.2 Severability and Waiver

    If any of the provisions of these Terms is found to be inconsistent with any applicable law, then such provision shall be interpreted to reflect the intentions of the parties in accordance with the applicable law, the remainder of these Terms shall remain in force, and no other provision will be modified except where necessary. Trucklist’s failure to enforce any provision in these Terms is not a waiver of that provision.

    11.3 Survival

    The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination or modification of these Terms.

    11.4 Modification of Terms

    Trucklist reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms, Acceptable Use Policy, and Privacy Policy at any time. Please check the Terms, Acceptable Use Policy, and Privacy Policy, and any guidelines periodically for changes. Your continued use of Trucklist after the posting of changes to the Terms, Acceptable Use Policy, and Privacy Policy constitutes your binding acceptance of such changes. For any material changes to the Terms, Acceptable Use Policy, and Privacy Policy, we will make reasonable effort to provide notice to you of such amended Terms, such as by email notification to the address associated with your User Account or by posting a notice on the Trucklist Platform, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after Trucklist makes reasonable attempt to provide you such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

    11.5 Assignment

    No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Trucklist’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Trucklist may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.

    11.6 Notices

    Trucklist may give you notice in connection with these Terms to your email address on record in connection with Your User account information. You must give notice to Trucklist in connection with these Terms (such notice deemed given when received by Trucklist) by email-to-email address.

    11.7 Force Majeure

    Trucklist shall not be liable to you for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof, caused or occasioned by, or due to fire, earthquake, flood, water, disease, pandemics, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond its reasonable control. If the force majeure continues for more than thirty (30) calendar days, then either party may terminate the Agreement for convenience upon written notice to the other party.

    11.8 Governing Law

    This Agreement shall be governed by and construed in accordance with the internal laws of the State of Montana without giving effect to any choice or conflict of law provision or rule (whether of the State of Montana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Montana.

    11.9 Dispute Resolution

    Any dispute, controversy or claim arising out of, relating to, or in connection with, this Agreement or any breach, termination or validity thereof (a “Dispute”) shall first be attempted to be settled by mediation. The mediation shall be conducted by an independent, third-party mediator. The party initiating mediation (the “Claimant”) shall recommend a mediator in its request for mediation (a “Request”). The other party (the “Respondent”) shall either agree to the mediator set forth in the Request or recommend their own mediator within 30 days of receipt of the Request and shall notify the Claimant of such recommendation in writing. If the parties cannot agree upon a mediator, the two mediators recommended by the parties shall appoint a third mediator within 30 days. When the mediators appointed by the parties have appointed a third mediator and the third mediator has accepted the appointment, the two mediators shall promptly notify the Parties of such appointment.

    In the event that mediation is ultimately unsuccessful in resolving a Dispute within 180 days of the Request, then any Party may commence litigation. The Parties irrevocably elect as the sole judicial forum for the adjudication of any matters arising under or in connection with this Agreement, and consent to the jurisdiction of, the courts of the County of Gallatin, State of Montana, or the United States of America for the District of Montana.

    You and Trucklist agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that, in connection with any Dispute, you and Trucklist both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Trucklist agree otherwise in writing, the mediator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.

    11.10 No Joint Venture

    The entirety of our relationship with you and vice versa is set out in these Terms and is subject to modification only by written agreement between you and us. For further clarity, absolutely no employment, partnership, joint venture, representative, or agency relationship exists between you and us as a result of this Agreement or for any other reason.

    11.11 Entire Agreement

    These Terms, the Acceptable Use Policy, the Cookie Policy, and the Privacy Policy are the entire agreement between you and Trucklist with regards to your use of the Trucklist Platform and its products or services and supersede all prior or contemporaneous agreements between you and Trucklist relating thereto.

    Effective June 1, 2020