Terms and Conditions

 TruckItEZ Terms of Service

 Last Updated: May 17, 2024

These Terms of Service, together with any applicable Order Form (defined below) (“Terms”) are a binding legal agreement between the company or individual identified on the Order Form and TruckItEZ that govern the right to use the websites, applications, and other offerings from TruckItEZ (collectively, the “TruckItEZ Platform”) as more specifically set forth on the order form into which these Terms are incorporated (“Order Form”). When used in these Terms, “TruckItEZ,” “we,” “us,” or “our” refers to TruckItEZ, Inc., while “Members” (defined below), “you”, or “your” refers to the company or individual identified on the Order Form.

When Members subscribe to the TrackItEz Platform through a TruckItEZ Membership (defined below), the TruckItEZ Platform enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Trucking Service Provider(s)” and Members who search for, book, or use services are “Buyers.” Trucking Service Providers offer dump truck services (“Trucking Services” and each Trucking Service offering, a “Listing”). As the provider of the TruckItEZ Platform, TruckItEZ does not own, control, offer or manage any Listings or Trucking Services. TruckItEZ is not a party to the contracts entered into directly between Trucking Service Providers and Buyers, nor is TruckItEZ a transportation broker, agency, or insurer. TruckItEZ is not acting as an agent in any capacity for any Member.

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data.

1. Booking on TruckItEZ.

Buyer Terms

 When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like TruckItEZ’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”).

When you receive the booking confirmation, a contract for Trucking Services (a “Reservation”) is formed directly between you and the Trucking Service Provider. By making a Reservation you are agreeing to the terms of the contract. The terms of the contract include any Trucking Service Provider’s contract or terms of service provided or communicated to you by the Trucking Service Provider, these Terms, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these terms of the contract including any Trucking Service Provider’s contract or terms of service provided or communicated to you by the Trucking Service Provider, these Terms, and all terms of the Reservation including all rules, standards, policies, and requirements prior to booking a Listing.

2. Cancellations, Reservation Issues, Refunds and Booking Modifications.

2.1 Cancellations, Reservation Issues, and Refunds. If you cancel a Reservation, the amount refunded to you is determined by the Reservation contract between you and the Trucking Service Provider.

2.2 Booking Modifications. Buyers and Trucking Service Providers are responsible for any booking modifications they agree to make via the TruckItEZ Platform (“Booking Modifications”).

3. Your Responsibilities and Assumption of Risk.

3.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of any individual or person accessing or using your TruckItEZ account.

3.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the TruckItEZ Platform and any Content (as defined in Section 10), including your use or receipt of any Trucking Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Trucking Service to determine whether it is suitable for you. For example, Trucking Services may carry risk of property damage, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to receive those Trucking Services.

Trucking Service Provider Terms

4. Providing Trucking Services on TruckItEZ.

4.1 Trucking Service Provider. As a Trucking Service Provider, TruckItEZ offers you the right to use the TruckItEZ Platform in accordance with these Terms to share your Trucking Service with Buyers. You are in control of how you host - set your price, availability, and rules for each Listing.

4.2 Contracting with Buyers. When you accept a booking request, or receive a booking confirmation through the TruckItEZ Platform, you are entering into a contract directly with the Buyer, and are responsible for delivering the Trucking Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like TruckItEZ’s service fee (and applicable taxes) for each booking. TruckItEZ Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Buyers must: (i) be consistent with these Terms and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

4.3 Independence of Trucking Service Providers. Your relationship with TruckItEZ is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of TruckItEZ. TruckItEZ does not direct or control your Trucking Service, and you understand that you have complete discretion whether and when to provide Trucking Services, and at what price and on what terms to offer them.

5. Managing Your Listing.

5.1 Creating and Managing Your Listing. Your Listing must include complete and accurate information about your Trucking Service, your price, all other charges, and any rules or requirements that apply to your Buyers or Listing. You are responsible for your acts or omissions as well as keeping your Listing information and content up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Trucking Services.

5.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Trucking Services. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Buyers and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.

5.3 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Trucking Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the TruckItEZ Platform. Do not encourage Buyers to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the TruckItEZ Platform.

5.4 Providing Trucking Service as a Team or Organization. You are responsible and liable as a Trucking Service Provider under these Terms for the acts and omissions of each entity and individual who participates in providing your Trucking Services and you are responsible for informing personnel engaged by you to deliver any Trucking Services of your obligations under these Terms. If you accept terms or enter into contracts with third parties, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct TruckItEZ to transfer a portion of your payout to a co- host or other Trucking Service Providers, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

5.5 Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the TruckItEZ Platform, offering Trucking Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the TruckItEZ Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Trucking Services and that you are not relying upon any statement of law made by TruckItEZ.

6. Cancellations, Reservation Issues, and Booking Modifications.

6.1 Cancellations and Reservation Issues. If a Buyer cancels a Reservation, the amount paid to you is determined by the Reservation contract between you and Buyer.

6.2 Booking Modifications. Trucking Service Providers and Buyers are responsible for any Booking Modifications they agree to make via the TruckItEZ Platform, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

7. Taxes.

7.1 Trucking Service Provider Taxes. As a Trucking Service Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes”).

7.2 Collection and Remittance by TruckItEZ. In jurisdictions where TruckItEZ facilitates the collection and/or remittance of Taxes on behalf of Trucking Service Providers, you instruct and authorize TruckItEZ to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by TruckItEZ are identified to Members on their transaction records, as applicable. TruckItEZ may seek additional amounts from Members (including by deducting such amounts from future payouts) when the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by TruckItEZ is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

7.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that TruckItEZ may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Trucking Services to facilitate accurate tax reporting.

General Terms

8. Membership Subscriptions.

8.1 You must subscribe to a TruckItEZ Platform membership subscription (“TruckItEZ Membership”) in order to use the TruckItEZ Platform. Your TruckItEZ Membership will continue for the term set forth in the Order Form and will automatically renew for one year terms thereafter until terminated in accordance with this Agreement or unless you or TruckItEZ provides written notice of nonrenewal at least 30 days prior to the end of the then current term. You must provide TruckItEZ’s third party payment provider with one or more current, valid, accepted methods of payment, as set forth by TruckItEZ and our chosen third party payment provider, as may be updated from time to time (“Payment Method”). You must cancel your TruckItEZ Membership at least thirty (30) days before it renews (as set forth in the applicable Order Form) in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see "Cancellation" below). Specific details regarding your TruckItEZ Membership subscription, including term, amount, and type, will be set forth in the applicable Order Form executed between you and TruckItEZ.

8.2 The subscription fee for your use of the TruckItEZ Platform and any other charges you may incur in connection with your use of the TruckItEZ Platform, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific amounts and payment date(s) indicated on the Order Form. The length of your billing period will depend on the type of subscription plan that you choose when you signed up for the TruckItEZ Platform. Subscription fees are fully earned upon payment.

8.3 To use the TruckItEZ Platform you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the TruckItEz Platform until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

8.4 Subject to Section 8.1, you can cancel your TruckItEZ Membership at any time, and you will continue to have access to the TruckItEZ Platform through the end of your billing period as set forth in any applicable Order Form (“Cancellation”). Regardless of any Cancellation, you are responsible for all payments and fees for the committed term in the Order Form. If you cancel your membership, your account will automatically close at the end of then current term.

 8.5 We may change our subscription plans and the price of our service from time to time. We will notify you before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your TruckItEZ Membership before the change takes effect.

8.6 Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the TruckItEZ Platform through the end of your current billing period as set forth in any applicable Order Form.

9. Reviews.

After each Trucking Service, Buyers and Trucking Service Providers will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms or applicable law. Reviews are not verified by TruckItEZ for accuracy and may be incorrect or misleading.

10. Content.

Parts of the TruckItEZ Platform enable you to provide feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant TruckItEZ a non-exclusive, worldwide, royalty-free, perpetual, sub- licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the TruckItEZ Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where TruckItEZ pays for the creation of Content or facilitates its creation, TruckItEZ may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant TruckItEZ the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must no be discriminatory, obscene, harassing, deceptive, violent, or illegal. You agree that TruckItEZ may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. TruckItEZ does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

11. Fees.

TruckItEZ may charge fees (and applicable Taxes) to Trucking Service Providers and Buyers for the right to use the TruckItEZ Platform, for transactions that occur on the TruckItEZ Platform, or for any other products and services, as more particularly set forth in TruckItEZ’s online terms (including our Service Fees page) or any applicable Order Form. More information about when service fees apply and how they are calculated can be found on any applicable Order Form or our Service Fees page. Any applicable fees are disclosed to Buyers before making a Booking. Except as otherwise provided on the TruckItEZ Platform, service fees are non-refundable. TruckItEZ reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change.

12. TruckItEZ Platform Rules.

12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.

Act with integrity and treat others with respect

Do not lie, misrepresent something or someone, or pretend to be someone else. 

Be polite and respectful when you communicate or interact with others.

Do not attempt to evade enforcement of these Terms, such as by creating a duplicate account or listings.

Do not discriminate against or harass others.

Do not scrape, hack, reverse engineer, compromise or impair the TruckItEZ Platform

Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the TruckItEZ Platform.

Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the TruckItEZ Platform or Content.

Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the TruckItEZ Platform.

Do not take any action that could damage or adversely affect the performance or proper functioning of the TruckItEZ Platform.

Only use the TruckItEZ Platform as authorized by these Terms or another agreement with us

You may only use another Member’s personal information as necessary to facilitate a transaction using the TruckItEZ Platform as authorized by these Terms.

Do not use the TruckItEZ Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.

You may use Content made available through the TruckItEZ Platform solely as necessary to enable your use of the TruckItEZ Platform as a Buyer or Trucking Service Provider.

Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.

Do not request, make, or accept a booking or any payment outside of the TruckItEZ Platform to avoid paying fees, taxes or for any other reason.

Do not require or encourage Buyers to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by TruckItEZ.

Do not engage in any practices that are intended to manipulate our search algorithm.

Do not book Trucking Services unless you are actually using the Trucking Services.

Do not use, copy, display, mirror or frame the TruckItEZ Platform, any Content, any TruckItEZ branding, or any page layout or design without our consent.

Honor your legal obligations

Understand and follow the laws that apply to you, including privacy, data protection, and export laws.

If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.

Read and follow our Terms.

Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein.

Do not use the name, logo, branding, or trademarks of TruckItEZ or others without permission, and only as set forth in our Trademark Guidelines.

Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any TruckItEZ trademarks, logos or branding. See our Trademark Guidelines for additional details.

Do not offer Trucking Services that violate the laws or agreements that apply to you.

Do not offer or solicit prostitution or participate in or facilitate human trafficking.

12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting TruckItEZ. In addition, if you believe that a Member, Listing or Content has violated these Terms, you should report your concerns to TruckItEZ. If you reported an issue to local authorities, TruckItEZ may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

12.3 Copyright Notifications. If you believe that Content on the TruckItEZ Platform infringes copyrights, please notify us.

13. Termination, Suspension and other Measures.

13.1 Term. The agreement between you and TruckItEZ reflected by these Terms is effective when you access the TruckItEZ Platform (for example to create an account) and remains in effect as long as there is an applicable Order Form in place or until we terminate the agreement in accordance with these Terms.

13.2 Termination. TruckItEZ may terminate this agreement and your account for any reason by providing you written notice via email or using any other contact information you have provided for your account. TruckItEZ may also terminate this agreement immediately and without notice and stop providing access to the TruckItEZ Platform if you breach these Terms, you violate applicable laws, or we reasonably believe termination is necessary to protect TruckItEZ, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice. You may terminate this Agreement and any Order Form as set forth above; provided, however, you shall remain fully responsible and liable for all payment amounts for the committed term set forth in the Order Form.

13.3 Member Violations. If (i) you breach these Terms, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) TruckItEZ believes it is reasonably necessary to protect TruckItEZ, its Members, or third parties; TruckItEZ may, with or without prior notice:

 suspend or limit your access to or use of the TruckItEZ Platform and/or your account;

 suspend, remove, disable access to, or restrict visibility of Listings, Reviews, or other Content;

 cancel pending or confirmed bookings; or

 suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as TruckItEZ determines in its sole discretion, you will be given notice of any intended measure by TruckItEZ and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is canceled under this Section, the amount paid to the Trucking Service Provider will be reduced by the amount we refund or otherwise provide to the Buyer (if any), and by any other costs we incur as a result of the cancellation.

13.4 Legal Mandates. TruckItEZ may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.

13.5 Effect of Termination. If you are a Trucking Service Provider and choose not to renew your TruckItEZ Membership at the end of the term on any applicable Order Form, any confirmed booking(s) will be automatically canceled and your Buyers will receive a full refund. If you choose not to renew your TruckItEZ Membership at the end of the term on any applicable Order Form as a Buyer, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Reservation’s cancellation policy. When these Terms have been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the TruckItEZ Platform has been limited, or your TruckItEZ account has been suspended, or these Terms have been terminated by us, you may not register a new account or access or use the TruckItEZ Platform through an account of another Member.

13.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1 through 22.

14. Modification.

TruckItEZ may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the TruckItEZ Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the TruckItEZ Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the TruckItEZ Platform will constitute acceptance of the revised Terms.

15. Resolving Complaints and Damage Claims.

Member agrees that any and all disputes between Trucking Service Providers and Buyers will be resolved by and between the applicable Trucking Service Provider and Buyer. Each Member hereby releases, and shall indemnify and hold harmless, TruckItEZ from and against any and all claims, actions, causes of actions, suits, proceedings, damages, losses, liabilities, fines, fees, penalties, costs and expenses of any nature whatsoever that arise from or relate to any dispute or claim between any Trucking Service Provider and any Buyer.

16. TruckItEZ’s Role.

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Trucking Services. We do not and cannot control the conduct of Buyers and Trucking Service Providers. You acknowledge that TruckItEZ has the right, but does not have any obligation, to monitor the use of the TruckItEZ Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the TruckItEZ Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria.

Members agree to cooperate with and assist TruckItEZ in good faith, and to provide TruckItEZ with such information and take such actions as may be reasonably requested by TruckItEZ with respect to any investigation undertaken by TruckItEZ regarding the use or abuse of the TruckItEZ Platform. TruckItEZ is not acting as an agent for any Member.

17. Member Accounts.

You must register an account to access and use many features of the TruckItEZ Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the TruckItEZ Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify TruckItEZ if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

18. Disclaimer of Warranties.

WE PROVIDE THE TRUCKITEZ PLATFORM AND ALL CONTENT “AS IS” WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. FOR EXAMPLE: (I) WE DO NOT ENDORSE OR WARRANT THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY BUYER, TRUCKING SERVICE PROVIDER, TRUCKING SERVICE, LISTING OR THIRD PARTY; (II) WE DO NOT WARRANT THE PERFORMANCE OR NON- INTERRUPTION OF THE TRUCKITEZ PLATFORM; AND (III) WE DO NOT WARRANT THAT VERIFICATION, IDENTITY OR BACKGROUND CHECKS CONDUCTED ON LISTINGS OR MEMBERS (IF ANY) WILL IDENTIFY PAST MISCONDUCT OR PREVENT FUTURE MISCONDUCT. THE DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES TRUCKITEZ CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. Limitations on Liability.

NEITHER TRUCKITEZ (INCLUDING ITS AFFILIATES AND PERSONNEL) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TRUCKITEZ PLATFORM OR ANY CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER

DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PROPERTY DAMAGE, PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF OR INABILITY TO USE THE TRUCKITEZ PLATFORM OR ANY CONTENT, (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH, OR AS A RESULT OF, YOUR USE OF THE TRUCKITEZ PLATFORM, OR (IV) PUBLISHING OR BOOKING OF A LISTING, INCLUDING THE PROVISION OR USE OF TRUCKING SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRUCKITEZ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATION TO TRANSMIT PAYMENTS TO TRUCKING SERVICE PROVIDERS UNDER THESE TERMS, IN NO EVENT WILL TRUCKITEZ’S AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES AND LIABILITIES THAT ARISE FROM OR RELATE TO THESE TERMS, THE TRUCKITEZ PLATFORM, CONTENT, ANY TRUCKING SERVICE OR ANY TRANSACTIONS CONTEMPLATED UNDER THESE TERMS SHALL NOT, IN THE AGGREGATE, EXCEED: (A) TO BUYERS, THE AMOUNT YOU PAID AS A BUYER DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, (B) TO TRUCKING SERVICE PROVIDERS, THE AMOUNT PAID TO YOU AS A TRUCKING SERVICE PROVIDER IN THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (C) TO ANYONE ELSE, ONE HUNDRED U.S. DOLLARS (US$100).

THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND TRUCKITEZ. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

20. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at TruckItEZ’s option), indemnify, and hold TruckItEZ (including TruckItEZ Payments, other affiliates, and their personnel) harmless from and against any claims, actions, causes of action, suits, proceedings, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your actual or alleged breach of these Terms, (ii) your actual or alleged improper use of the TruckItEZ Platform, (iii) your interaction with any Member, provision, use or receipt of Trucking Service, participation in a Trucking Service or other Trucking Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of use or receipt of Trucking Service, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your actual or alleged breach or violation of any laws, regulations or third party rights such as intellectual property or privacy rights.

21. Governing Law and Venue.

These Terms will be interpreted in accordance with the laws of the State of Iowa and the United States of America, without regard to conflict-of-law provisions. All claims or disputes arising from these Terms or the transactions contemplated herein must be brought in state or federal court in Polk County, Iowa, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Polk County, Iowa.

22. Miscellaneous.

22.1 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between TruckItEZ and you pertaining to your access to or use of the TruckItEZ Platform and supersede any and all prior oral or written understandings or agreements between TruckItEZ and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and TruckItEZ. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

22.2 Conflict of Terms. In the event of any conflict between the terms and conditions of Terms and any applicable Order Form, the terms and conditions of any applicable Order Form will control.

22.3 No Waiver. TruckItEZ’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

22.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without TruckItEZ’s prior written consent. TruckItEZ may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

22.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by TruckItEZ via email, TruckItEZ Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.

22.6 Third-Party Services. The TruckItEZ Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. TruckItEZ is not responsible or liable for any aspect of such Third- Party Services and links to such Third-Party Services are not an endorsement.

22.7 Platform Content. Content made available through the TruckItEZ Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of TruckItEZ and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the TruckItEZ Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, TruckItEZ grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Platform Content made available on or through the TruckItEZ Platform and accessible to you, solely for your personal and non-commercial use.

22.8 Force Majeure. TruckItEZ shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

22.9 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your TruckItEZ account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a TruckItEZ account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.