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User Agreement TruckTrax Online(TM) service (the "Service") and its affiliate sites
(the "Sites") are accessible worldwide to anyone with Internet access. Access to
and use of the Service and the Sites are subject to the terms and conditions of
this User Agreement and Copyright Notice and all applicable laws and regulations,
including laws and regulations governing copyright and trademark. BY ACCESSING THE
SERVICE AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE
TERMS AND CONDITIONS IN THIS USER AGREEMENT. TruckTrax and its affiliates reserve
the right to change these terms and conditions at any time. The changes will appear
on this screen. By using the Service and the Sites, you agree in advance to accept
any changes. The materials used and displayed on the Service and the Sites, including
but not limited to text, software, photographs, graphics, illustrations and artwork,
video, music and sound, and names, logos, trademarks and service marks, are the
property of TruckTrax or its affiliates or licensors and are protected by copyright,
trademark and other laws. Any such content may be displayed solely for your personal,
non-commercial use. You agree not to modify, reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast or circulate any such material without the
written permission of TruckTrax or the appropriate affiliate. The Service and the
Sites contain information, facts and opinions from various individuals and organizations.
THE SERVICE AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER GENERAL INTERNET,
INC. NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY
OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES. The Service and
the Sites include bulletin boards, chat rooms and other user and member created
pages which allow you and other users and member to post information and materials,
provide feedback to TruckTrax and its affiliates and interact in real-time. You
agree that TruckTrax and its licensees may reproduce, distribute, publish, display,
edit, modify, create derivative works and otherwise use all information, text, messages,
photographs, member or display name and other materials posted by you (collectively,
the "Materials") for any purpose in any form and on any media. You agree not to
post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, profane, hateful, racially, ethically or otherwise objectionable
Materials of any kind, including but not limited to, any Materials which encourages
conduct that would constitute a criminal offense, violate the copyrights, trademarks,
services marks or similar intellectual property rights or other rights, including
invasion of privacy or rights of publicity, of others. You will be responsible for,
and indemnify and hold harmless TruckTrax its subsidiaries, divisions, affiliates,
agents and representatives against any claim arising from any Materials that you
post or transmit. Although TruckTrax and its affiliates may from time to time monitor
or review discussions, chats, postings, transmissions, bulletin boards and other
user and member generated pages on the Site, neither TruckTrax nor its affiliates
is under any obligation to do so. You acknowledge that TruckTrax and its affiliates
do not control the information available on the bulletin boards, chat rooms and
other user and member generated pages and that any opinions, advice, statements,
services, offers or other information or content presented or disseminated on any
bulletin board, chat room or on any other user or member generated pages are those
of their respective authors who are solely liable for their content. TruckTrax and
its affiliates reserve the right, in their sole discretion, to edit, refuse to post
or remove any material submitted to or posted on the chat rooms, bulletin boards
or on any other user or member generated pages. Your use of the Service and the
Sites is at your own risk. NEITHER TruckTrax, NOR GENERAL INTERNET(TM) INC. NOR
ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS
SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR
ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES
AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY
ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE
AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST TruckTrax, OR GENERAL
INTERNET INC. AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES
AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION
AVAILABLE THEREON. You should be aware that if you voluntarily disclose personal
information (e.g., user name, email address) on a bulletin board, chat room or on
any other user or member generated pages, that information can be collected and
used by others and may result in unsolicited messages from other parties. TruckTrax
TERMS AND CONDITIONS FOR PODCASTS TruckTrax podcasting service (the "Podcast Service")
consists of news and information files (the "Podcast Content") that may be downloaded
to your computer and/or transferred to your portable MP3 player.The Podcast Service
is available only for private, non-commercial use. Any other uses, including without
limitation the incorporation of advertising into or the placement of advertising
associated with or targeted towards the Podcast Content, are strictly prohibited.
You may not edit or modify or redistribute the Podcast Content or links supplied
by TruckTrax. Ownership: TruckTrax Podcast Service and the Podcast Content are protected
by U.S. and international copyright laws. TruckTrax owns all rights including copyright
to the Podcast Content, and to The TruckTrax logos and trademarks used in connection
with the Podcast Service. Right to Discontinue Podcast Service: TruckTrax reserves
the right to discontinue providing any or all of the Podcast Service at any time
and to require you to cease displaying, distributing or otherwise using any or all
of the Podcast Content for any reason including, without limitation, your violation
of any provision of this Member Agreement. TruckTrax assumes no liability for any
of your activities in connection with the Podcast Content and/or the Podcast Service
or for your use of the Podcast Content and/or the Podcast Service in connection
with your Web site, computer or MP3 player. This User Agreement and any disputes
arising out of or related to the Service and the Sites shall be governed by, and
construed and enforced in accordance with, the laws of the State of New York. You
acknowledge and consent and agree that TruckTrax may access, preserve and disclose
your account information and Materials if required to do so by law or in a good
faith belief that such access, preservation or disclosure is reasonably necessary
to (a) comply with legal process; (b) enforce these Terms of Use, (c) respond to
claims that any Materials violate the rights of third parties; (d) respond to your
requests for customer service; or (e) protect the rights, property or personal safety
of TruckTrax, its users and the public.
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