Terms and Conditions
Last Modified: October, 10th 2022
Version: TC10102022
Parties
The terms “Road Lives”, “we”, “us” and “our” refer to Road Lives, LLC. The terms “you” and “your” refer to any person or entity using or accessing any of the Websites or Applications.
Acceptance of Terms and Conditions
These Terms and Conditions are entered into by and between you and Road Lives. The following terms and conditions (collectively, these "Terms and Conditions") govern your access to and use of the Road Lives online services, including any content, functionality, features, links, files, and services contained in or provided by any of Road Lives’ websites (the "Websites") and/or mobile applications (the “Applications”) (the Websites and Applications are collectively the “Online Services”).
Please read these Terms and Conditions carefully before you start to use the Online Services. By using the Online Services, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy. If you are accessing the Online Services on behalf of an organization, you are agreeing to these Terms and Conditions on behalf of such organization, and you represent and warrant that you have authority to do so. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Online Services.
These Online Services are offered and available to users who are eighteen years of age or older that reside in the United States. By using these Online Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use any of the Online Services.
Changes to Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them.
Your access or use of any of the Online Services following the posting of revised Terms and Conditions means that you accept and agree to all of the changes. You are expected to check this page each time you access or use any of the Online Services so you are aware of any changes, as they will be binding on you.
We reserve the right to withdraw or amend any or all of the Online Services, as well as any content, materials, functionality, features, links, or services we provide on any of the Online Services, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Online Services is unavailable, withdrawn, amended or terminated at any time or for any period. From time to time, we may restrict access to some parts of the Online Services, or all of the Online Services, in our sole discretion and without notice.
You are responsible for:
To access the Online Services or some of the content, materials, functionality, features, links, or services they offer, you may be asked to provide certain information. It is a condition of your use of and access to the Online Services, and therefore you agree with us, that all the information you may provide is correct, current, and complete. You further agree that all information you provide is governed by our Privacy Policy.
You agree to notify us immediately of any unauthorized access to or breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Websites or Applications and their entire contents, materials, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material, and are protected by the laws of the United States, and each of its states, governing intellectual property and proprietary rights laws.
You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, copy, replicate, download, store, or transmit any of the contents, materials, features, and functionality on our Websites or Applications, except as follows:
You must not:
If you wish to make any use of any material or content on either the Websites or Applications, other than that set out in this Section, please contact us, and our prior written consent is required.
If you breach or violate any of the restrictions set out in this Section, your right to use the Online Services will stop immediately and you must, at our option, promptly (but in any event within five (5) days) return or destroy any copies of the materials or content you have made. No right, title, or interest in or to the Online Services or any content or materials on anu of the Online Services are transferred to you, and all rights not expressly granted are reserved by us. Any use of the Online Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
Our name, logos, products and service names, designs, and slogans may be subject to copyrights and trademarks we or our affiliates or licensors may own. You must not use such logos, products and service names, designs, and slogans without our prior written permission. All other names, logos, product and service names, designs, and slogans displayed on the Websites and Applications are the trademarks of their respective owners.
You may use the Online Services only for lawful purposes and in accordance with these Terms and Conditions. In addition, you agree not to use the Online Services:
Additionally, you agree not to:
These content standards apply to any and all information you may post on or submit through the Online Services, including without limitation, comments, statements, opinions, photographs, videos, images, and links. No such information shall:
Breach or Violation of Any of Terms and Conditions
If you breach or violate any of these Terms and Conditions, we may, in our discretion, elect to suspend (for a period of time determined by us) or permanently terminate your right to use and access the Online Services. We may additionally require or pursue other actions as are deemed necessary by us to address such breach or violation, including contacting law enforcement if it potentially involves the commission of a crime. Our decision will be guided by the severity and frequency of your actions as well as their effect on us, the Online Services, and others using the Online Services. A suspension or termination may be made immediately and without any notice to you. You may appeal this decision by contacting us in wiring within forty-eight (48) hours of the suspension or termination, setting forth your specific reason for the appeal and why our decision should be modified or reversed. We may elect, but are not required to, review the appeal and in our sole discretion we may affirm, reverse or modify our decision. If you are suspended or terminated and thereafter seek to circumvent our enforcement by starting another account, we will immediately terminate such other account without notice.
Reliance on Information Posted
The information, materials and content presented on or through the Websites and Applications are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information, materials and content is strictly at your own risk, including, without limitation, any offers of any services or fees. We disclaim all liability and responsibility arising from any reliance placed on such information, materials and content by you or any other visitor to the Websites and Applications, or by anyone who may be informed of any of such information, materials and content.
The Websites and Applications may include statements, opinions, information, materials and content provided or posted by third parties, including by other companies, carriers, shippers, other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All such statements, opinions, information, materials and content, and all articles and responses to questions and other content, are solely the responsibility of the person or entity providing it. These statements, opinions, information, materials and content do not necessarily reflect our opinions. We are not responsible, or liable to you or any third party, for the content or accuracy of any statements, opinions, information, materials and content provided or posted by such third parties.
Changes to the Online Services
We may update the content, information, and materials on this Online Services from time to time, but the fact that such content, information, and materials is available on any of the Online Services does not mean that it is complete or current. Such content, information and materials may be out of date at any given time, and we are under no obligation to update or keep current such material.
Information About You and Our Privacy Policy
All information we collect on or through the Online Services is subject to our Privacy Policy. By using any portion of the Online Services, you unconditionally and irrevocably consent to all actions we take with respect to your information consistent with our Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Online Services
The Online Services may contain links to other sites, services, products and resources provided or offered by third parties. These links include links to other shippers, carriers, brokers, dealerships, drivers, driver services, advertisements (including banner advertisements), and sponsored links. These links are provided for your convenience only. We have no control over the content of those sites, services, products or resources, and we accept no responsibility or liability for them or for any loss or damage that may arise from or relate to your or anyone else’s access to, purchase or use of any of them, including the use or purchase of any of their services, products or resources. If you decide to access, purchase or use any of such services, products or resources, or access any such links, you do so entirely at your own risk and peril.
We are based in the State of Arkansas in the United States. We provide the Online Services for use only by persons and entities located in the United States. We make no claims that the Online Services or any of their services or content is accessible, legal, or appropriate outside of the United States. Access to or use of the Online Services may not be legal by certain persons or in certain countries. If you or anyone on your behalf accesses or uses the Online Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
In addition, you understand that we cannot and do not guarantee or warrant that the Online Services (including any of its content, services, files, including those files available for downloading, links, or advertisements that you can click on that are contained, posted or made on the Online Services) or anywhere else on the internet, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS OR USE OF ANY OF THE ONLINE SERVICES, ANY SERVICES, CONTENT, OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES, ANY DOWNLOADING OF ANY FILES OR MATERIALS POSTED ON IT, OR ON ANY WEBSITE LINKED ON OR TO IT.
YOUR ACCESS TO AND USE OF THE ONLINE SERVICES, INCLUDING ANY OF ITS CONTENT, SERVICES, PRODUCTS, FILES OR LINKS POSTED ON OR TO IT, IS AT YOUR OWN RISK, AND ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED US MAKE ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE CONTENT, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ONLINE SERVICES, INCLUDING ANY OF ITS CONTENT, SERVICES, PRODUCTS, FILES OR LINKS POSTED ON OR TO IT. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE ONLINE SERVICES, INCLUDING ANY OF ITS CONTENT, SERVICES, ITEMS, PRODUCTS OR LINKS POSTED ON OR TO IT, WILL COMPLY WITH ANY LAWS OR BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL MEET YOUR NEEDS, REQUESTS, OR EXPECTATIONS.
In addition to and without limiting the foregoing, we provide no guarantees or warranties, and you hereby disclaim any such guarantees and warranties of any kind, on the quality of any services or products posted or advertised on any of the Online Services.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We only provide a service that allows various persons and entities in the transportation industry to connect and interact. You are expected to be diligent and conduct any investigations you deem necessary in order to determine the accuracy, lawfulness, and completeness of any content, services or products posted or available through the Online Services. We do not investigate, guarantee, warrant, or endorse any of the services, products, files, links, opinions, representations, or statements posted or advertised on any of the Online Services.
CONSEQUENTLY, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE (INCLUDING OUR EMPLOYEES, AGENTS, INSURERS, OFFICERS, DIRECTORS, OR CONTRACTORS), OUR AFFILIATES, OUR LICENSORS, OUR SUPPLIERS, THOSE WE ENTERED INTO CONTRACTS WITH, OR OUR SERVICE PROVIDERS, BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR LOSSES OF ANY KIND THAT DO OR MAY ARISE OUT OF, RELATE TO, OR ARISE IN CONNECTION WITH YOUR (OR ANYONE ON YOUR BEHALF) ACCESS TO, USE, OR INABILITY TO USE, ANY OF THE ONLINE SERVICES (INCLUDING ANY OF ITS CONTENT, SERVICES, PRODUCTS, FILES, LINKS, STATEMENTS, OPINIONS OR REPRESENTATIONS CONTAINED, POSTED, OR MADE ON THEM), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND FURTHER INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURIES, DEATH, PROPERTY DAMAGES, EMOTIONAL DISTRESS, INVASION OF PRIVACY, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (WHETHER BY NEGLIGENCE OR OTHERWISE), BREACH OF CONTRACT, ANY OTHER LEGAL THEORY, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of or access to any of the Online Services, including, but not limited to, any of its content, services, products, advertisements, files, links, opinions, statements, or representations contained, posted or made on them), other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Websites or the Applications.
Governing Law and Jurisdiction
All matters relating to or arising from the Online Services (including any of the content, services, products, advertisements, files, links, opinions, statements, or representations contained, posted, or made on them), these Terms and Conditions, the Privacy Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arkansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Arkansas or any other jurisdiction).
Both us and you irrevocably consent to having any legal suit, action, or proceeding relating to or arising from the Online Services (including any of the content, services, products, advertisements, files, links, opinions, statements, or representations contained, posted, or made on them), these Terms and Conditions, or the Privacy Policy, instituted exclusively in either the United States Federal Court located in the Western District of Arkansas, Fayetteville Division, or the Circuit Court located in Washington County, Arkansas, United States. Both us and you irrevocably waive any and all objections to the exercise of jurisdiction over us or you by such courts and to venue in such courts.
At our sole discretion, we may require you to submit any disputes arising from or relating to the Online Services (including any of the content, services, products, advertisements, files, links, opinions, statements, or representations contained, posted, or made on them), these Terms and Conditions, or the Privacy Policy, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association (AAA), applying Arkansas law, with such arbitration to be exclusively conducted in the City of Fayetteville, County of Washington, State of Arkansas, United States.
Class Action Waiver
BOTH WE AND YOU IRREVOCABLY WAIVE THE RIGHT TO PURSUE, ASSERT OR LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AGAINST THE OTHER (REGARDLESS OF THE NATURE OF SUCH CLAIM OR DISPUTE) AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE OF A CLASS, OR TO ACT AS A PRIVATE ATTORNEY GENERAL, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW. BY USING OR ACCESSING THE ONLINE SERVICES, YOU GIVE UP YOUR RIGHT TO SERVE AS A CLASS REPRESENTATIVE FOR, OR PARTICIPATE AS A MEMBER OF, A CLASS ACTION, WHETHER IN COURT OR IN ARBITRATION, IN CONNECTION WITH ANY CLAIM OR DISPUTE WITH US, REGARDLESS OF THE NATURE OF SUCH CLAIM OR DISPUTE.
TO THE EXTENT EITHER WE OR YOU ARE PERMITTED BY LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, WE AND YOU JOINTLY AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
Limitation on Time to File Causes of Action, Suits, Proceedings and Claims
ANY CAUSE OF ACTION, SUIT, PROCEEDING, OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO ANY OF THE ONLINE SERVICES, THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION, SUIT, PROCEEDING, OR CLAIM SHALL BE PERMANENTLY BARRED.
No waiver of by us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms and Conditions shall not constitute a waiver by us of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Online Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Online Services.
The Online Services are operated by Road Lives, LLC. All other feedback, comments, requests for technical support, and other communications relating to the Online Services should be directed to us.