©2017 CityTrucker, LLC

Terms and Conditions

Last updated: October 25, 2017

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the CityTrucker mobile application (the "Service") operated by CityTrucker LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service (Including, without limitation, navigating citytrucker.com or utilizing CityTrucker LLC mobile application or online platform), you acknowledge and agree to be bound by these Terms and CityTrucker’s Privacy Policy, that can be found at https://www.citytrucker.com/privacy/. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or CityTrucker LLC cancels it. You may cancel your Subscription renewal either through the CityTrucker app, online account management page or by contacting CityTrucker LLC customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide CityTrucker LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize CityTrucker LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, CityTrucker LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

CityTrucker LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by CityTrucker LLC until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, CityTrucker LLC reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

CityTrucker LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

CityTrucker LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

CityTrucker LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of CityTrucker LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. You will only use the Service for your sole, personal use and will not resell it to a third party. You will not use an account that is subject to any rights of a person other than you without appropriate authorization.

 You will not use the Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes. You will not use the Service to cause nuisance, annoyance or inconvenience. You will not try to harm the Service or impair the proper operation of any related network, platform or application in any way whatsoever. You will not copy, or distribute the Service or any portion or feature thereof without advance written permission from CityTrucker LLC. 

You will provide us with whatever proof of identity we may reasonably request. You are aware that when requesting services by SMS if available in your jurisdiction), standard messaging charges will apply. You will not use the Service with an incompatible or unauthorized device or computer. You will comply with all applicable laws and regulations while using the Service. CityTrucker LLC reserves the right to immediately terminate the Service should you not comply with any of the foregoing.

You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service. CityTrucker LLC reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the foregoing.

 

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of CityTrucker LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CityTrucker LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by CityTrucker LLC

CityTrucker LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that CityTrucker LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Payment

CityTrucker LLC reserves the right to introduce certain fees in the future. However, CityTrucker LLC shall provide you with prior written notice of such fees.

The rates for the services charged by service providers can be accessed through the Service. These may be modified or updated by CityTrucker LLC from time to time. It is your own responsibility to remain informed about the current rates for the services.

You agree that you will pay for all services you purchase from service providers, and that CityTrucker LLC may charge your credit card account as provided by you when registering for the Service for the service providers’ services, including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing CityTrucker LLC with a valid credit card account for payment of all fees at all times. All payments are non-refundable, subject to applicable law.

CityTrucker uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Service. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. CityTrucker LLC is not responsible for any errors by the Payment Processor and you hereby agree to release CityTrucker LLC from all liability arising from any acts or omissions of Payment Processor. In connection with your use of the Service, CityTrucker LLC will obtain certain transaction details, which shall be maintained in accordance with CityTrucker’s Privacy Policy.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless CityTrucker LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall CityTrucker LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

No Employment/Agent/Broker Relationship.

CityTrucker LLC is not an employment service and does not serve as an employer of any user of the Service or service provider. CityTrucker LLC is not liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with any use of the Service or service providers’ services. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these User Terms. Without limiting the foregoing, except as expressly set forth herein, CityTrucker LLC is not acting and does not act as an agent or broker for any users, service provider, or any other user of the Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

CityTrucker LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. CityTrucker is not directly involved in or otherwise a party to any transactions that may take place between users and service providers. CityTrucker has no control over the quality, safety, or legality of any aspect of Providers’ services or offerings or any claims made by service providers about the services they offer, the truth or accuracy of warranties or pricing supplied by service providers to CityTrucker, the ability of service providers to provide the services offered, or the ability of users to pay for service providers’ services. CityTrucker does not conduct background checks regarding any users or service providers. CityTrucker is not a broker, agent or insurer for any users or service providers. CityTrucker makes no representations, warranties or guarantees regarding any content or information provided by users or service providers. We encourage you to communicate directly with potential transaction partners through the tools available through CityTrucker. All purchases made by users from service providers are made at each party’s own risk. CityTrucker has customer information and privacy policies as set forth in its Privacy Policy http://citutrucker.com/privacy/, which is fully incorporated herein by reference.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at: contact@citytrucker.com.