TruckTabs Terms of Service

Thanks for using TruckTabs! Our mission is to simplify and speed up your freight billing and improve your overall operational efficiency. All Services are provided by American Ventures, LLC (hereinafter referred to as "TruckTabs").

These terms of service (“Terms”) cover your use of access to our services, client software, and websites (“Services”). By using our Services, you are agreeing to be bound by these Terms and our Privacy Policy. Please read them carefully.

1. Accounts

Business Information. When you create an account with us, you must provide us information that is accurate, complete, and current at all times.

Billing. We’ll automatically bill your payment method upon each renewal of your subscription until cancelation. If you’re on an annual plan, we’ll send you an email notice reminding you that your plan is about to renew within a reasonable period prior to the renewal date.

Permit Services Pricing. All permit pricing is estimated based on the regulations and pricing for each state and the truck type, load, trailer, axles, weight, and dimensions. All pricing is based on the information you provide and is subject to change if any of the details change. Any state break-down or line item charges that we provide do not necessarily reflect our exact cost and are rather a representation of what we expect our costs to be at the time the estimate is generated. In the event these costs exceed our initial estimate, you may receive a supplimental invoice for the balance due, which may require payment before your permits can be filed. In the event these costs are less than expected, we may, automatically, or by request, issue a partial credit to your account, which can be applied to your next order.

Permit Services Refund Policy. All permit services are invoiced on a per-order basis and prepaid. Once your order has been fully processed, meaning that all your state permits have been filed (even if not yet received), no refunds can be issued. If you cancel your order prior to complete processing, TruckTabs will refund our cost for each of the permits not yet filed, as well as up to 50% of our fees.

Satisfaction Guarantee. You may cancel your TruckTabs TMS subscription and receive 100% refund at any time during the first 30 days from the start of your subscription. This evaluation period is the only period for which a refund will be issued on a monthly subscription and must be requested before the end of the 30-day period. This Satisfaction Guarantee applies to new accounts only and is not applicable for dispatch services or if you stop and restart your subscription.

Cancelation. You may cancel your TruckTabs TMS subscription at any time. No refunds will be issued for monthly subscriptions except as provided by the Satisfaction Guarantee. After cancelation, you will have continued access to your account and all the features you are subscribed to through the last day of the period paid. Partial refunds may be issued for annual plans with more than six months remaining. In such a case, request for a refund must be made in writing and sent to team@trucktabs.com. Any discount that was provided as an incentive for subscribing to the annual plan will be deducted, and the amount of any refund issued will be based on the remaining months of your term at the current monthly subscription rate for your plan.

Changes. We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, change to our business, or changes in economic conditions. We will provide you with no less than 30 days’ advance notice of these changes via email notification and you’ll have the opportunity to cancel your subscription before the new pricing comes into effect.

Login & Password. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2. Your Data

Our Services provide you with many features like commenting, sharing, searching optical character recognition (OCR), easy sorting and organization, and so on. To provide these features, TruckTabs accesses, stores, and scans Your Data. You give us permission to do those things, and the permission extends to our affiliates and trusted third parties we work with.

At any time during the term of your subscription you may request a copy of all your data, which we will provide to you within 48 hours of your request.

3. Links to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by TruckTabs. TruckTabs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TruckTabs 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 web sites or services.

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

4. Intellectual Property

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, TruckTabs trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

5. Services "AS IS"

TO THE FULLEST EXTENT PERMITTED BY LAW, TRUCKTABS AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6. Limitation of Liability

TRUCKTABS, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:

ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT TRUCKTABS OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

TRUCKTABS, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. TRUCKTABS AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

7. Resolving Disputes

Before filing a claim against TruckTabs, you agree to try to resolve the dispute informally by sending us a written Notice of Dispute to team@trucktabs.com, that includes your name, a detailed description of the dispute, and the relief you seek. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or TruckTabs may bring a formal proceeding.

8. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

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.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. 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.

9. Governing law

These Terms shall be governed and construed in accordance with the laws of Oregon, 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 between us regarding the Service.

10. Entire Agreement

These Terms constitute the entire agreement between you and TruckTabs with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. Our past, present, and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.

11. Waiver, Severability & Assignment

TruckTabs failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. TruckTabs may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

12. Modifications

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to 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 those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.