END USER LICENSE AGREEMENT
IMPORTANT: BY USING THIS APP, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.
Software License Agreement-Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“License”) CAREFULLY BEFORE USING THIS APP OR DOWNLOADING ANY SOFTWARE UPDATES ACCOMPANYING THIS LICENSE. BY DOWNLOADING OR USING THIS APP, OR DOWNLOADING ANY SOFTWARE UPDATE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, THEN PLEASE DO NOT USE, ACCESS OR INSTALL THIS APP OR DOWNLOAD ANY SOFTWARE UPDATES.
The software, documentation, interfaces, content, fonts and data for this App, as well as any software updates for this App, are licensed, not sold, to you by TruckersReport LLC (“TruckersReport”) doing business as Hammer for use only under the terms of this License. TruckersReport retains ownership of this App and reserves all rights not expressly granted to you.
Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to use this App. Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to download updates that may be made available by TruckersReport.
You may not, and you agree not to, or enable others to, copy (except as may be expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt, modify, or create derivate works of this App or any part thereof. You may not transfer, rent, lease, lend, sell, redistribute, or sublicense this App. Any attempt to do so is a violation of TruckerReport’s rights and may subject you to prosecution and damages.
You agree to use this App in compliance with all applicable laws, whether federal, state, municipal or any other legally enforceable body.
TruckersReport does not guarantee the availability, accuracy, completeness, reliability or timeliness of any information or data provided by this App.
This License is effective until terminated by TruckersReport. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from TruckersReport if you fail to comply with any term of this License. Upon the termination of this License, you shall immediately cease any and all use of this App and delete all copies, full or partial, of this App.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THIS APP AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THIS APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS UPON YOU.
TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, THIS APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EPXRESS OR IMPLIED. TRUCKERSREPORT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS APP, EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTIBILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TRUCKERSREPORT MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT PROVIDED BY THIS APP, YOUR RESULTS IN USING THIS APP, OR THE SERVICE ITSELF, WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY.
TRUCKERSREPORT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THIS APP; THAT THE FUNCTIONS CONTAINED IN, OR THAT THE SERVICES PERFORMED OR PROVIDED BY, THIS APP WILL MEET YOUR REQUIREMENTS; THAT THE OPERATION OF THIS APP WILL BE UNINTERRUPTED OR ERROR FREE; THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE; OR THAT ANY DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY TRUCKERSREPORT SHALL CREATE A WARRANTY. SHOULD THIS APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES THAT: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
CERTAIN STATE LAWS INCLUDING, BUT NOT LIMITED TO, THOSE OF THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL TRUCKERSREPORT OR ITS AFFILIATES, OR THE DIRECTORS, OWNERS, EMPLOYEES, AGENTS, PRINCIPALS, ATTORNEYS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS OF EACH, BE LIABLE FOR ANY DAMAGES OR PERSONAL INJURY WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THIS APP. THIS WAIVER OF LIABILITY APPLIES TO ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THIS APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, WARANTY, STRICT OR PRODUCT LIABILITY, OR OTHERWISE) AND EVEN IF TRUCKERSREPORT HAS BEEN NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRUCKERSREPORT’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TRUCKERSREPORT, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, ATTORNEYS, CONTRACTORS, LICENSORS AND LECENSEES, REPRESENTATIVES, SUCCESSORS OR ASSIGNS, FROM ALL DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ON ACCOUNT OF ANY CLAIM, SUIT, ACTION, DEMAND OR PROCEEDING MADE OR BROUGHT AGAINST ANY SUCH PARTY, OR ON ACCOUNT OF THE INVESTIGATION, DEFENSE OR SETTLEMENT THEREOF, ARISING IN CONNECTION WITH YOUR USE OF THIS APP.
You agree that all content appearing on this App including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software are the sole property of TruckersReport or its partners and suppliers, and protected by United States and international copyright laws. The compilation of all content on this App is the exclusive property of TruckersReport and protected by United States and international laws. All software used on this App is the property of TruckersReport or its software suppliers and protected by United States and international copyright laws. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this App is strictly prohibited.
TruckersReport does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this App, without the prior written consent of TruckersReport. Registered and unregistered proprietary information is owned and held by TruckersReport and its licensors and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this App in any form, either mentioned or unmentioned.
Hammer is a trademark or trade dress in the United States and/or other countries. Hammer’s trademarks and trade dress may not be used in connection with any product or service that is not TruckersReport’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TruckersReport and/or Hammer. All other trademarks not owned by TruckersReport that appear on this App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, TruckersReport.
You agree that TruckersReport encourages you to exercise discretion browsing the internet. Our App, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. TruckersReport and its affiliates make no representation or warranty about the legality of any third party website nor about its accuracy, content, products or services. Any such website is independent from Hammer, and TruckersReport has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between Hammer and another website further does not mean that TruckersReport endorses, recommends, sponsors or approves that website. TruckersReport expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the TruckersReport and/or Hammer domain.
You agree that you will not use this App for certain commercial or political purposes including, but not limited to, advertising or soliciting funds; to monitor, gather or copy content on this App by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; to use any meta tags or any other “hidden text” utilizing Hammer’s name or any trademarks; to engage in any activity that interferes with a user’s access to the App or the proper operation of this App. You also agree that in using this App you will not impersonate any person or entity.
You agree that you are prohibited from posting or transmitting to the Hammer App any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of this License. TruckersReport reserves the right to seek all remedies available at law and in equity for violations of this License, including the right to block access to this App.
Hammer attempts to be as accurate as possible. However, TruckersReport does not warrant that product content on this App is accurate, complete, reliable, current or error free.
Anyone utilizing the Hammer App shall be bound by this License. Additionally, they shall be bound by the following terms and conditions:
TruckersReport may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this App including, without limitation, any content, products, services or prices offered through this App. TruckersReport shall not be liable to you or any third party should it exercise this right to modify or discontinue this App. TruckersReport also reserves the right to revise, at its sole and absolute discretion, this License at any time. All revisions will be posted on this License and will be effective immediately upon its posting. TruckersReport will provide notice of material changes to this License by e-mail and/or an App update. By using or browsing this App, you are deemed notified and bound by any changes to this License. We encourage users to review this License each time you utilize this App to remain informed of any changes to it.
Use of this App will cause some personally identifiable information to be collected. As set forth in our Privacy and Security Policy, the security of personally identifiable information associated with the use of this App is a primary concern of ours. As such, reasonable security measures have been adopted to protect the security of such information. Nevertheless, we cannot guarantee complete security of your information inasmuch as no security systems are foolproof.
In the event that any of these terms or provisions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.
This License, as well as your access to and use of this App, shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to its conflicts of law provisions. Any action against TruckersReport and/or Hammer arising from, or relating to, your access to and use of this App and the provisions of this License must be brought by you exclusively in the state and federal courts located in Sarasota County, State of Florida. You consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Sarasota County, State of Florida, for the adjudication of all claims by TruckersReport and/or Hammer against you arising from, or relating to, your access to and use of this App and the provisions of this License. You agree to waive any and all objections that you may have to Florida law as the governing law and to the sole and exclusive venue being Sarasota County, Florida. If you do not agree to these terms then you must immediately cease using this App and its services. Your continuing to use this App and its services will constitute your consent to these terms.
TruckersReport’s failure to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TruckersReport in writing. You acknowledge and agree that you will not seek to litigate any claims against TruckersReport and/or Hammer or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.
Any action concerning any dispute that you may have with respect to, arising out of, or in connection with this App must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so shall permanently bar any cause of action that you may have.
You represent that you are 16 years of age or older and that you are not under any legal or other disability which limits your ability to comply with this License.
This License constitutes the entire agreement between you and TruckersReport relating to this App and supersedes all prior or contemporaneous understandings regarding the same. No amendment to or modification of this License shall be binding unless in writing and signed by TruckersReport.