Website Terms Of Use

1. ACCEPTANCE OF TERMS

The TAG website(s) available at www.truckgroup.com and the various content, features, and services offered on and in connection with these sites, including literature requested or software downloaded by you (collectively, the “Sites and Services”) are owned and operated by TRUCK ACCESSORIES GROUP, LLC, a Delaware limited liability company (hereinafter referred to as “we,” “us,” or “TAG”). These Terms of Use are a legal contract between you, an individual and/or the Company (defined below) you represent (each, hereinafter referred to as “you”), and TAG.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES. 

2. MODIFICATIONS OF TERMS OF USE

TAG may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide TAG adequate notice to remove you from any distribution or other communication lists that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE. 

3. VOLUNTARY SUBMISSION OF UNSOLICITED IDEAS

Please be aware that TAG does not solicit ideas. TAG only accepts unsolicited ideas in rare and limited circumstances and then only according to the terms and conditions contained herein. YOU ARE EXPRESSLY CAUTIONED AND NOTIFIED TO NOT SEND ANY IDEA SUBMISSION TO TAG THAT YOU BELIEVE IS PROPRIETARY TO YOU OR OTHERS, WHICH YOU EXPECT TAG TO KEEP CONFIDENTIAL, OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you would like to submit an idea to TAG for consideration, you must read, acknowledge, accept, and consent to TAG’s Policy on Unsolicited Ideas and execute the Idea Submission Agreement.

4. OTHER RULES, POLICIES, AND AGREEMENTS

You agree that TAG may establish general practices, policies, and limits, which may or may not be published, concerning the use of the Sites and Services.

When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use. For example, TAG may restrict access to some portions of the Sites and Services to persons with a TAG account and additional rules and agreements apply to those persons.

Companies. If you are an individual using the Sites and Services on behalf of a company, entity, or other organization (each, a “Company”), then you represent and warrant that you are an authorized representative of that Company with the legal authority to bind such Company to these Terms of Use and you also agree to be bound by these Terms of Use both as an individual and on behalf of such Company.

Terms and Conditions of Purchase. As a condition of purchase of any product or service through the Site and Services, you agree to be bound by the Terms and Conditions of Purchase, which is incorporated herein by reference and available at http://www.truckgroup.com/images/ePIM/original/TERMS_AND_CONDITIONS.pdf.

Privacy Policy. TAG respects your privacy and the privacy other users of the Sites and Services. The TAG Website and Online Privacy Policy is available at http://www.leer.com/privacy and is incorporated herein by reference. The Privacy Policy explains your rights and responsibilities with respect to personal information that is disclosed through the Sites and Services.

5. USE OF THE SITES AND SERVICESĀ 

Subject to full compliance with these Terms of Use, TAG grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree not to access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites and Services or any of their content for any purpose except for your personal use and as described in this Terms of Use, without the express written consent of TAG. TAG may modify, update, suspend, or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time, and with or without notice. TAG shall not be liable to you or any other third party for any such modification, update, suspension, or discontinuance or any other unavailability of the Sites and Services for any reason. 

6. USER CONDUCT

As a condition of your access and use of the Sites and Services and your submission or access to any communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by TAG. By way of example, and not as a limitation, you agree not to: 

  • intentionally or unintentionally violate these Terms of Use, other applicable agreements with TAG, any TAG policy, and any applicable local, state, national, or international law, and any rules and regulations having the force of law;
  • use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates, or violates any third party’s rights, including, without limitation, transmitting any Content that may infringe, misappropriate, or violate a third party’s rights of publicity, contractual rights, fiduciary rights, or intellectual property rights;
  • use the Sites and Services or any Content for any purposes not authorized by these Terms of Use;
  • reproduce, duplicate, copy, modify, sell, re-sell, or exploit any Content or the Sites and Services for any commercial or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of TAG, which consent may be withheld by TAG in our sole discretion;
  • Impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on or through the Sites and Services;
  • harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting the nature of any relationship with TAG, or otherwise attempt to mislead others as to the identity of the sender or the origin of any Content;
  • knowingly provide or submit false or misleading information or fail to update outdated information you have provided or submitted;
  • use the Sites and Services if you are under the age of 18;
  • attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
  • use the Sites and Services in any way that could interfere with the rights of others, including, without limitation, the rights of TAG or the rights of other users of the Sites and Services;
  • attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services, or to any server used by TAG by hacking, password mining, or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other user of the Sites and Services;
  • sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
  • transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden the Sites and Services;
  • access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including, without limitation, use any 'deep-link,' 'scraper,' 'robot,' 'spider,' or other automatic device, program, algorithm, or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any Content, to obtain or attempt to obtain any Content, materials, documents, or information through any means not purposely made available through the Sites and Services; or
  • probe, scan, or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of TAG, including any TAG account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to 3 reveal any information, including, without limitation, personal identification or information other than your own information, except as expressly authorized by TAG and provided for by the Sites and Services.

7. REGISTRATION/ACCOUNT INFORMATION

We may require that you create an account to use or access certain parts of the Sites and Services and use certain services and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Services, you agree to (a) provide TAG with your true, accurate, current, and complete information as prompted by the registration forms when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy, and completeness of such information. You are fully responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. If you suspect or become aware of any unauthorized use of your password or of your account, you agree to notify TAG immediately. Creating multiple accounts and creating serial accounts or overlapping accounts may result in account termination and the prohibition of your use of the Sites and Services. Please contact us at contact@truckgroup.com first if you feel you have a legitimate reason for creating and maintaining multiple accounts.

8. TERMINATION OF ACCESS

TAG may terminate these Terms of Use and your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and you agree to not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that TAG reserves the right to take action—technical, legal, or otherwise—to block, nullify, or deny your ability to access the Sites and Services. You understand that TAG may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to TAG.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability

9. DELAYS AND ACCESSIBILITY

The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. TAG is not responsible for any delays, failures, or other damage resulting from such problems.

The products and services made available through the Sites and Services are dependent on the vendor or merchant of those products (“Affiliate Vendors”). Affiliate Vendors operate independently of, and are not under the control of TAG in any way. Affiliate Vendors may impose conditions or restrictions different from or in addition to those described in these Terms of Use. Additional information regarding any such conditions or restrictions may be found on such Affiliate Vendors’ websites or on or in connection with the products and services themselves.

10. TRADEMARKS AND COPYRIGHTS

The trademarks TAG, [ADD TRADEMARKS HERE], the graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of TAG in the U.S. and/or other countries (collectively, “Trademarks”). These Trademarks may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion

You should assume all Content and material made available on the Sites and Services is protected by intellectual property laws. Aside from user-submitted Content, you should assume that all other materials and other information on the Sites and Services, including, without limitation, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations, and software are the exclusive property of TAG and/or its licensors and are protected by all United States and international copyright laws and trademark laws.

11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

TAG respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of 4 notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Sites and Service who are infringers.

Notifying TAG of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “DMCA Notification Dept.” at contact@truckgroup.com that sets forth the following information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a detailed description of where the material that you claim is infringing is located or found on the Sites and Services;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney

Providing TAG with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the submitter of the affected content. If your Content has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at contact@truckgroup.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

12. WARRANTIES AND DISCLAIMERS

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER TAG NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOSS, OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, TAG DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES AND SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF TAG, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL TAG OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL TAG OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES. 5 ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAG OR THROUGH OR FROM THE SITES AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITES AND SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITES AND SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TAG’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

TAG SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITES AND SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND TAG HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

You acknowledge that TAG has no control over, and no duty to take any action regarding: other users’ behavior; which users gain access to or use the Sites and Services; what effects the Content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the Content on or in connection with the Sites and Services. You release TAG from all liability for you having acquired or not acquired Content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. TAG makes no representations concerning any Content contained in or accessed through the Sites and Services, including the accuracy thereof, and TAG will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. TAG makes no guaranty or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein.

The Sites and Services may display links to other Internet sites or resources. Because TAG has no control over such sites and resources, you acknowledge and agree that TAG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TAG 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 site or resource.

In no event shall any reference to any third party or third party product or service, or shall any link to the Sites and Services imply, be construed as an approval, guaranty, or endorsement by TAG of that third party or of any product or service provided by a third party.

13. INDEMNITY

You agree to indemnify, defend, and hold harmless TAG, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers, and suppliers from and against all losses, liabilities, expenses, damages, claims, demands, and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to TAG or that you submit, transmit, or otherwise make available through the Sites and Services; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. TAG will have sole control of the defense of any such damage or claim

14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAG, ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF TAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), WITH RESPECT TO THE SITES AND SERVICES, INCLUDING, WITHOUT LIMITATION: (A) THE USE OR INABILITY TO USE THE SITE AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT, OR OTHERWISE CONVEY THROUGH THE SITES AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE 6 SITES AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITES AND SERVICES; (G) ANY BREACH OF THESE TERMS OF USE BY TAG OR THE FAILURE OF TAG TO PROVIDE THE SITES AND SERVICES UNDER THESE TERMS OF USE; OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT TAG, ITS OFFICERS, EMPLOYEES, AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITES AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations, or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you

15. NOTICE

By using the Sites and Services, you consent to receive electronic communications from TAG (via email or via a posting on the Sites and Services), and you agree that any such communications satisfy any legal requirements to make such communications in writing. You also agree that TAG may communicate any notices to you under these Terms of Use through electronic mail, regular mail, or posting the notices on the Sites and Services.

16. ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms of Use including, without limitation, the Terms and Conditions of Purchase, and the Privacy Policy, constitute the entire agreement between you and TAG. These Terms of Use supersede any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and TAG regarding the subject matter contained in these Terms of Use.

17. GOVERNING LAW

These Terms of Use and the relationship between you and TAG will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located, or any other jurisdiction. You agree and consent to the exclusive jurisdiction and venue of the state or federal courts located in Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that TAG may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Sites and Services or these Terms of Use shall be filed within one year after such claim or cause of action arose or will forever be barred

18. MISCELLANEOUS

If you breach any term of this Terms of Use or other agreement with TAG, TAG may pursue any legal or equitable remedy available, including, without limitation, direct, consequential, and punitive damages and injunctive relief. TAG’s remedies are cumulative and not exclusive. Failure of TAG to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable, or sublicensable by you except with TAG’s prior written consent. We may transfer, assign, or delegate these Terms of Use and the rights and obligations hereunder without consent. Users of the Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment, or agency relationship exists between you and TAG as a result of these Terms of Use or use of the Sites and Services.

19. CONTACTING US

TAG welcomes your feedback and questions about the Sites and Services. However, any comments, ideas, notes, messages, suggestions, or other communications sent to us or submitted through the Sites and Services by you shall be considered Content and TAG may use all such communications in any manner, including reproducing, disclosing, and publishing such communications, all without compensation or notice to you. You agree that any communication or Content you transmit to us or submit through the Sites and Services by you is non-confidential and non-proprietary. Feedback and comments should be sent to contact@truckgroup.com.

×