Terms of Service

1. Preamble & Definitions

1.1 Preamble

Truckplease.com is owned and operated by Truckplease Web Inc. (referred to in these Terms of Services as "Truckplease" or "Us" or "We" or the possessive "Our" as applicable). These terms of service ("Terms of Service" or "Terms") form a binding legal contract that govern the relationship between TruckPlease.com (the " Website") and you ("You", "User", "Users", "Yourself", and the possessive "Your" as applicable).

If You are using the Website on behalf of a company, entity, or organization (collectively, a "Subscribing Organization") then You represent and warrant that You: (i) are an authorized representative or agent of that Subscribing Organization with the authority to bind such a Subscribing Organization to these Terms; (ii) have read the foregoing terms; (iii) understand these terms, and (iv) agree to these terms on behalf of such Subscribing Organization.

By accessing, visiting, browsing, registering for, or using our Website or services provided through our Website, You acknowledge that You have read, understood, and agree to be bound by these Terms and also by our Privacy Policy, and have read both carefully and thoroughly. Reading the Terms and Privacy Policy is Your responsibility and Truckplease neither accepts nor assumes any responsibility or liability for any injury, harm, or damage suffered as a result of Your failure to read, understand, or follow the Terms or Privacy Policy. If you have any questions about the Terms or Privacy Policy, please feel free to contact us.

These Terms incorporate and include Our Privacy Policy found here. Please visit and carefully read Our Privacy Policy for information on how we handle Your personal information.

1.2 Definitions and Interpretation

In these Terms the following words shall have the following meaning:

"Clients" means individuals seeking or obtaining Services through the Website;

"Materials" means Truckplease's Website, trademarks, copyrights, patents, trade secrets, designs, logos, graphics, images, Website visual interfaces, graphics, images, logos, designs, compilations, information, computer code (including source code or object code), products, software of the Website strategies, ideas, and any other elements used on the Website or Truckplease property used to deliver the Services;

"Movers" means individuals or Subscribing Organizations offering or providing Moving Services through the Website;

"Moving Services" means services offered through the Website for the moving of any materials from one location to another and is a Service;

"User" or "Visitor" includes Clients and Movers and means visitors to the Website;

"Services" means products and services available through the Website including without limitation the "Moving Services";

"Website" means the Website located at http://www.truckplease.com, the features, products, and Services available on the Website, Our brands, trademarks, and copyrights and other intellectual property found on the Website;

1.3 Headings

The headings in these Terms are for convenience only and shall not affect its construction or interpretation.

1.4 References to Clauses

A reference to a "Clause" or a "Paragraph" is a reference to a clause or a paragraph in these Terms unless otherwise stated.

1.5 Singulars and Plurals

Words importing the singular include the plural and vice versa.

1.6 Gender

Words importing a gender shall include all genders.

1.7 Types of Users

The Website can to be used by two types of Users:

1. Clients; and

2. Movers

A User can be either a Client or Mover or both depending on how the User uses the Website and different terms and conditions of these Terms may apply to different Users depending on the nature of such use.

2. Description of Services as Third Party Facilitator

The Website is an online service specializing in connecting individuals requiring Moving Services with individuals who are willing to provide such services. The Website allows Clients to post advertisements seeking Moving Services, which may be viewed and responded to by Movers, allowing the parties to enter into contracts for these services.

Movers and Clients must reach their own agreements regarding Moving Services advertised on the Website. While Truckplease may provide certain information such as User profiles, User-generated ratings, moving distances and pricing information on the Website this information is provided for informational purposes only. Truckplease acts solely as an intermediary and is not a party to any contracts between Users, including between Movers and Clients.

3. User Obligations

3.1 Your Obligations

By visiting the Website or using the Services, You agree that You shall:

  1. keep Your Website password, username, and other login information personal to You or Your Subscribing Organization and keep it confidential and secure;
  2. notify Truckplease immediately of any unauthorized use of any password or account or any other known or suspected breach of security impacting your use of the Website;
  3. provide a valid email address and any other information needed in order to complete the User account opening process for the Website or its Services;
  4. provide accurate, current and complete information as necessary for Truckplease to communicate with You from time to time regarding Your Website member accounts;
  5. keep Your online account information current and inform Truckplease of any other changes to Your or Subscribing Organization's (as applicable) name, address, email address, or phone number;
  6. accept emails from Truckplease at the e-mail address specified by You in your Truckplease Account profile or account information;
  7. agree to Truckplease's standard Privacy Policy as amended from time to time found on this Website;
  8. agree to any additional posted guidelines or rules applicable to specific services and features relating to the Website which may be posted from time to time such additional guidelines or rules to be incorporated by reference into these Terms when posted to the Website;
  9. not use the Website, or any element thereof, for any illegal purpose, or for the facilitation or counseling of any illegal activity;
  10. not take any action that would damage, harm, or diminish Truckplease and/or this Website's reputation, goodwill, or public image;
  11. not disclose the personal data or information of any individuals, including but not limited to Users of the Website;
  12. not harvest or collect any data or information about other Users of the Website except such limited information as needed for the proper functioning of the Website Service in compliance with these Terms;
  13. not defame, harass, libel, threaten, defraud, or harm Users of the Website;
  14. not impersonate any person or entity, including, but not limited to, a Truckplease official, or falsely state or misrepresent the origin of any content provided by You to the Website;
  15. not remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Website, the Services or elements thereof including without limitation software code, content, or features that prevent or restrict use or copying of any content available through the Website, or features that enforce limitations on the use of Truckplease Materials;
  16. not interfere with Users' use of the Website;
  17. not to upload, share, or post harmful or malicious files on the Website, including but not limited to viruses, spyware, worms, and malware;
  18. not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website;
  19. not modify, adapt, translate, or create derivative works based upon Truckplease Materials or any part thereof;
  20. not copy, modify, reproduce, republish, distribute, sell, post, transmit, or share information connected to or found on the Website and its Services, including, but not limited to, images, graphics, designs, photos, text, logos, data, audio, video, files, content, and other Materials without the express permission of Truckplease.
  21. not infringe any copyrights, trademarks, patents or other intellectual property belonging to Truckplease or any other entity;
  22. not mirror or frame Truckplease and/or its Services;
  23. not copy any concepts, ideas, features, strategies or designs of the Website;
  24. not suggest or imply that You or any of Your works, projects, designs, products, statements, services, or ideas are endorsed by Truckplease or the Website, except where We have explicitly done so;
  25. not use the Website in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or other forms of unauthorized advertising;
  26. not reproduce, duplicate, copy, sell, trade, or resell for any commercial purposes any portion of Truckplease Materials, Services or products (this specifically excludes a Mover's right to exploit the Services in order to find a Client to whom to provide Moving Services in accordance with these Terms);
  27. not to provide any false or purposely inaccurate information on the Website including providing false intentions to pay for or provide Services;
  28. not fail to pay for a job You accepted as a Client;
  29. not fail to provide Your quoted rate and service as a Mover;
  30. not make use of the Website or Services in any commercial matter not expressly provided for on the Website without Our prior written agreement;

ee. expressly waive and release any and all rights and benefits provided pursuant to section 1542 of the Civil Code of the State of California, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor," and further waive and release any and all right and benefits provided by similar statutory provision in any other jurisdiction;

ff. waive any right to a participate in a class action against the Website in any jurisdiction where such waiver is possible;

gg. waive any right to participate in a trial by jury against the Website in any jurisdiction where such waiver is possible;

hh. release Truck Please and its directors, officers, employees, agents, representatives, subsidiaries, joint ventures, and affiliates from any liability arising from any dispute arising and also from any responsibility for resolving such a dispute;

ii. release TruckPlease and its directors, officers, employees, agents, representatives, affiliates, partners, and licensors from any liability in relation to correspondence or transactions between You and any third party made through the Website;

  1. not conduct Yourself on the Website or in connection with the Services in any way that may:

i. be construed as unlawful, threatening, harmful, abusive, stalking, tortuous, defamatory, libelous, vulgar, hateful, obscene, offensive, racially, ethnically, or otherwise objectionable,

    1. be designed to interfere or interrupt the Website or Services
    2. infect this Website with a virus or other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or
    3. give rise to a civil or criminal liability, or in violation of an applicable local, national or international law.

3.2 User Accounts

Each User may only create one Mover and one Client account on the Website unless otherwise approved by Us. The creation of multiple Mover or Client accounts without prior permission from Us by a single User may result in the suspension, termination, or deletion of all accounts connected to the User acting in breach of this term.

Truckplease reserves the right to suspend, terminate or delete a User account for breach of any of these terms.

By using the Website you agree and acknowledge that Truckplease reserves the right to investigate violations and suspected violations of the Terms, including cooperate with law enforcement agencies and disclose Your personal information to such law enforcement agencies where necessary.

By using the Website You agree and acknowledge that Truckplease is under no obligation to investigate violations or suspected violations of the Terms, or other User behavior, but reserves the right to do so.

You agree to release Truckplease and its owners, directors, officers, agents, and employees of all and any liability resulting from any damage, harm, or injury suffered as a result of the termination, suspension, or deletion of Your accounts resulting from Your breach of any Terms.

4. Client-Mover Transactions

Truckplease is a third party facilitator of Moving Services and not a party to any agreements between Users. By using the Website you acknowledge and agree that We will not assume any responsibility for ensuring payment is made for any Services obtained through the Website, and We will not resolve any payment disputes between a Client and Mover. You also acknowledge and agree that TruckPlease makes no representations, guarantees, or warranties regarding the existence of a refund policy or any other terms in any contracts entered into between Users of the site whether those contracts are made separately between Users or deemed to have been created through the Website.

5. Intellectual Property

5.1 Ownership of Website Materials

Unless otherwise stated, the Website, Services, and Materials are protected by Canadian, United States, and international copyright law and conventions, and all other relevant intellectual property and proprietary rights laws.

Except for any User generated content on the Website, all Materials generally are the sole property of Truckplease or its subsidiaries or affiliated companies and/or third-party licensors. Except as expressly authorized by Truckplease, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserve all of Our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that We may have related to this Website, its materials and contents and Services that may be provided through this Website. By making this Website and Services available to You, Truckplease is not providing You with any implied or express licenses or rights other than those expressly stated in these Terms.

Any feedback You provide Us, including, but not limited to, suggestions, comments, ideas, and recommendations, becomes the property of Truckplease upon its receipt by Us.

Some products or company names and devices, logos, icons, graphics, or designs published on this Website are the property of their owners and are exhibited only in such a manner as is intended to be a benefit to their owner. We intend no infringement of these property rights.

5.2 User License

We grant Users a limited, non-exclusive, non-transferable license to view, download and print any content over which We hold intellectual property rights for your personal and non-commercial purposes. Users have no right to sub-license any such content.

No licenses or rights are granted to you, by implication or otherwise, in or to any intellectual property rights owned or controlled by Truckplease or its licensors, except for the licenses and rights expressly granted in these Terms.

5.3 User Generated Content and Data

5.3.1 "User Data" means all data submitted, stored, posted, displayed, transmitted, or otherwise used by You in connection with Your use of the Website or Services.

By posting any content including without limitation User Data on this Website ("User Content"), You grant (or warrant that the owner of such rights has expressly granted) to Truckplease the perpetual, exclusive, worldwide, sub-licensable, royalty-free and fully paid licence to use any or all of the User Content posted, in its original or edited form, in books, Internet websites, emails, tweets, social medial platforms, newspapers, articles, commentaries or in any other medium now known or later developed. You also warrant that You own, or otherwise control, all of the rights to the User Content and User Data posted and that the public posting and use of such User Content by Truckplease will not infringe the rights of any third party. You further warrant that You waive any 'moral rights' in posted User Content or that those moral rights have been waived by the author of the User Content before it was posted. Unless otherwise stated, You are not entitled to any compensation for any User Content posted on this Website or for Truckplease's use thereof pursuant to the license set forth above. You further assign to Us the right to remove, delete, hide, move, modify for content, quote, or edit any post, submission, or other User Content You contribute to the Truckplease website.

By using the Website You agree not to post, share, provide, distribute, upload, or sell to Truckplease any content or User Data which is not Your property or for which You do not have copyright, except where You have received express permission from the owner or copyright holder. In the event that You post, share, provide, distribute, upload, or sell any Content which is not Your property or for which You do not have copyright, You agree to indemnify Us for any resulting damages, injury, costs, loss, or harm suffered including attorney's fees and court costs.

5.3.2 Mover Content. Movers may upload content to the Website, including but not limited to images of the vehicle the Mover will use when providing the Services (" Mover Content"). Mover Content is User Content and subject to these Terms of Service accordingly.

5.3.3 Modification of Mover Content. Truckplease reserves the right to modify the Mover Content. The following is a non-exhaustive list of modifications that may be made to the Mover Content:

· the removal of any personally identifiable information (ex: license plate numbers or home address numbers);

  • the addition of Truckplease logos;

· the addition of Our Website name and address;

· the removal of third party logos or marks;

  • the blurring out of images of people;
  • the modification of the aspect ratio;
  • the modification of the dimensions;
  • the modification of the file type;
  • colour correction; and
  • the modification of the file size.

5.3.4 "Modified Mover Content" means Mover Content modified by Truckplease. Modified Mover Content is separate and distinct from the original Mover Content submitted, posted, or shared by Movers. Truckplease owns all intellectual property rights in and to the Modified Mover Content. Movers shall have a non-exclusive, royalty-free, revocable, assignable, licence to use, repost, distribute, and display the Modified Mover Content associated with their Mover Content subject to Our use and these Terms, and conditions. Users shall not have the right to and shall not modify any Modified Mover Content.

5.4 Removal of Content

We reserve the right to remove User Content and any other content from the Website for any reason at our sole discretion without warning. Do not use the Website as Your primary means of storing your images and content. By using the Website, You agree to release Us of all liability arising from any harm, injury, costs or damage suffered as a result of the removal, suspension, or deletion of User Content or any other content from the Website.

5.5 DMCA and Copyright

Truckplease respects the rights of copyright holders and will quickly respond to any claims of copyright infringement reported on our Website. If you find anything on our Website that you believe infringes Your copyright or the copyrights of a person you are authorized to represent, please report the alleged infringement using a Digital Millennium Copyright Act (DMCA) notice. To do so, please provide Us with the following information:

1. Identification of the copyrighted work that You claim has been infringed;

2. Identification of the allegedly copyright infringing content on our Website that you desire to have removed or disabled;

a. Include the URL that points to the allegedly copyright infringing content; or

b. Include a description of where to find the allegedly copyright infringing content;

3. Your contact information including name, address, email address, and phone number;

4. A physical or digital signature of the true copyright holder or their authorized representative;

5. A statement by you that you have a good faith belief that the use of the allegedly copyright infringing material is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you that the information in the DMCA Notice is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

Please send any DMCA notices to Us at:

INSERT ADDRESS

We reserve the right to remove allegedly copyright infringing content without notice and without liability to You. We reserve the sole discretion to suspend, terminate, ban, or delete any User account associated with or connected to any copyright infringing activities or behaviors and You agree that Truckplease is not liable to You for any harm, injury, loss, or damage suffered should such an event occur.

6. Website Security

Truckplease endeavors to protect your Personal Data and User account from security breaches. However, we cannot guarantee the safety of your Personal Data or User account. By using Truckplease, you agree to release Us from all and any liability for any harm, injury, or damage suffered by You, or the Subscribing Organization you represent, as a result of a security breach, failure or short coming of Truckplease. You agree to use our Website at your own risk.

By using this Website you agree to notify us immediately if you believe that a security breach is occurring, or will occur.

You are solely responsible for creating a strong password and protecting it. Never share Your password with anyone. By using this Website, You agree to release Us of all and any responsibility or liability for any harm, injury, or damage suffered by You, or the Subscribing Organization you represent, as a result of the disclosure of Your password, unauthorized access to Your Truckplease account or Your breach of these Terms.

7. Social Sign-In

In lieu of making an account through Our Website, Users may be able to use a social sign-in (such as Facebook, Twitter, or Gmail) to access Our Services. These Terms and Our Privacy Policy do not apply to third-party Websites; however, if You use a social sign-in to access Our Services or Products, You agree to be bound by both our Terms and Privacy Policy, as well as the terms of service and privacy policy of the Website associated with Your social sign-in.

8. User Representations and Warranties

8.1 One User Per Account

By using the Website and/or the Services You warrant that You are the person named in the Client or Mover account You are using. Only You can use Your account and accounts are non-transferable.

8.2 Compliance with Local Laws

By using the Website and/or the Services You warrant that Your use of this Website and Service does not break any applicable laws in your local jurisdiction.

8.3 Age of Majority

By using this Website and/or the Services You affirm that you are age 18 or older. This website is not intended for individuals of age 17 and under. If you are 17 years old or younger, do not use this website.

Upon registering as a Mover on the Website You affirm that you are the age of majority where you reside and are competent to enter into a contract with Truckplease. If you are below the age of majority where you reside you affirm that your legal guardian has registered the Mover account and has entered into a contract with Truckplease and accepted these Terms.

By using this Website You affirm that you are competent to enter these Terms, as well as enter into the conditions, representations, warranties, and obligations provided in these Terms, and further agree that You will comply with and follow these Terms.

9. Disclaimers and Waiver of Liability

9.1 General Disclaimers

BY USING TRUCKPLEASE AND ITS RELATED SERVICES YOU AGREE TO DO SO AT YOUR OWN RISK. THE PRODUCTS, SERVICES, AND WEBSITE AND ALL RELATED USES, CONTENT, AND MATERIALS ARE PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND ARE PROVIDED ON AN "AS IS" BASIS. WITHOUT LIMITING THE FORGOING, TRUCKPLEASE AND ITS RELATED SERVICES ARE PROVIDED WITHOUT IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT TRUCKPLEASE AND ITS RELATED SERVICES WILL FUNCTION WITHOUT ERRORS OR DOWNTIME. BY USING OUR WEBSITE, YOU AGREE THAT TRUCKPLEASE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, ARE NOT LIABLE FOR ANY LOSS, HARM, DAMAGE, COST, OR INJURY SUFFERED IN CONNECTION WITH USING, OR THE INABILITY TO USE, OUR WEBSITE, PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO ERRORS, MALICIOUS ATTACKS, OR DOWNTIME WHICH AFFECT OUR WEBSITE'S SERVICE. BY USING OUR WEBSITE YOU AGREE THAT TRUCKPLEASE IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS, MATERIALS, OR CONTENT SHARED BY USERS. TRUCKPLEASE IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES. YOU AGREE TO USE TRUCKPLEASE PRODUCTS AND SERVICES AT YOUR OWN RISK AND YOU ASSUME ANY AND ALL LIABILITY FOR ANY HARM, INJURY, LOSS, COSTS, OR DAMAGES SUFFERED AS A RESULT OF USING TRUCKPLEASE PRODUCTS OR SERVICES.

FURTHERMORE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRUCKPLEASE AND THIS WEBSITE MAKE NO WARRANTIES, REPRESENTATIONS, ENDORSEMENTS, OR GUARANTEES RESPECTING THE PRODUCTS, SERVICES, AND ADVICE PROVIDED BY MOVERS, THE SKILLS OR CREDENTIALS OF MOVERS ESPECIALLY WITH RESPECT TO THE QUALITY, SUFFICIENCY, LEGALITY OR APPROPRIATENESS OF SUCH PRODUCTS, SERVICES OR ADVICE. IT IS YOUR EXCLUSIVE RESPONSIBILITY AS A CLIENT TO CONDUCT SUFFICIENT DUE DILIGENCE ON MOVERS TO ENSURE THAT MOVERS YOU ENGAGE HAVE THE SKILLS, TOOLS, KNOWLEDGE AND EXPERIENCE TO OFFER THE SERVICES FOR WHICH YOU ARE ENGAGING THEM AND ARE SUFFICIENTLY INSURED TO COVER ANY DAMAGES TO PROPERTY OR INJURY TO OR LOSS OF LIFE IN CONNECTION WITH SERVICES THEY OFFER YOU. YOU USE THE SERVICES AT YOUR OWN RISK.

FURTHERMORE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRUCKPLEASE AND THE WEBSITE MAKE NO WARRANTIES REPRESENTATIONS, ENDORSEMENTS OR GUARANTEES TO THE EFFECT THAT THE WEBSITE OR SERVICES PROVIDED ARE LEGAL IN YOUR JURISDICTION. IT IS YOUR RESPONSIBILITY TO ENSURE THAT SERVICES ARE LAWFULL IN YOUR JURISDICTION AND YOU AGREE NOT USE THE SERVICES OFFERED ON THE WEBSITE WHERE UNLAWFUL.

9.2 Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRUCKPLEASE AND ITS OWNERS, DIRECTORS, EMPLOYEES, OFFICERS, CONSULTANTS, AGENTS, LICENSORS, SPONSORS, REPRESENTATIVES AND ASSIGNS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DAMAGES OR LOSS TO PROPERTY, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TRUCKPLEASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) YOUR USE OF THE WEBSITE;

(ii) YOUR USE OF SERVICES, PRODUCTS OR ADVICE RETAINED THROUGH THE WEBSITE;

(iii) THE INABILITY TO USE THE WEBSITE AND/OR THE SERVICES AND PRODUCTS PROVIDED THROUGH THE WEBSITE DUE TO ANY CAUSE;

(iv) THE COST OF PROCUREMENT OF SUBSITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

(v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;

(vii) ANY OTHER MATTER RELATING TO THE SERVICE.

FURTHERMORE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRUCKPLEASE AND ITS OWNERS, DIRECTORS, EMPLOYEES, OFFICERS, CONSULTANTS, AGENTS, LICENSORS, SPONSORS, REPRESENTATIVES AND ASSIGNS WILL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAL OR EXEMPLARY DAMAGES ARISING FROM SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION DAMAGES OR LOSS OF PROPERTY, OR INJURY OR DEATH CAUSED AS A RESULT OF MOVING SERVICES OBTAINED THROUGH THE WEBSITE.

9.3 Third-Party Limitation of Liability

Except for a party's liability arising from any willful misconduct, or fraud of another party, no party shall be liable for any loss of use, interruption of business, lost profits, damages resulting directly or indirectly from conduct of any third party on the Website, or any indirect, special, incidental, or consequential damages of any kind regardless of the form of action whether in contract, tort (including negligence), strict product liability, or otherwise even if it has been advised of the possibility of such damages.

The limitations on liability set out in these Terms shall be in addition to and not in replacement or derogation of those limitations on liability set out in any other agreement between some or all of the parties to these Terms.

9.4 Third Party Website, Links, & Services

Our Website or Services may contain links to other third party websites, services, products, or content that is not owned, controlled or licensed by Us. We make no endorsements, representations, guarantees, or warranties with respect to any third party websites, services, products, or content. If you click-through on any link posted on Truckplease, You do so at your own risk and agree that Truckplease (including its owners, directors, officers, agents, and employees) are not liable in any manner for any harm (including emotional harm), injury, cost, damage, or loss you may suffer as a result of doing so.

10. Indemnity

By using our Website or Services, You agree to indemnify Truckplease and its owners, directors, officers, employees, agents, representatives, consultants, licensors, suppliers, successors, and assigns from and against any and all claims, proceedings, suits, disputes, demands, liabilities, costs (including legal and accounting fees), damages, losses, expenses, and injuries arising from:

a. any action You take or fail to take, including but not limited to torts, civil wrongs, or criminal wrongs You commit, facilitate, or participate in while using our Website or Services;

b. Your violation of these Terms;

c. Your violation of an applicable law or regulation;

d. Your violation of any rights of a third party, including but not limited to the rights of other Users, and

e. Your misuse of the Website or Services.

11. General

11.1 Severability and Waiver

If any of the provisions of these Terms is found to be inconsistent with any applicable law, then such provision shall be interpreted to reflect the intentions of the Parties in accordance with the applicable law, the remainder of these Terms shall remain in force, and no other provision will be modified except where necessary. Truckplease's failure to enforce any provision in these Terms is not a waiver of that provision.

11.2 Survival

The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability, and general provisions shall survive any termination or modification of these Terms.

11.3 Modification of Terms

Truckplease reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms and Privacy Policy at any time. Please check the Terms, Privacy Policy, and any Guidelines periodically for changes. Your continued use of Truckplease after the posting of changes to the Terms or Privacy Policy constitutes your binding acceptance of such changes. For any material changes to the Terms or Privacy Policy, We will make reasonable effort to provide notice to You of such amended Terms, such as by email notification to the address associated with Your User Account or by posting a notice on the Truckplease Website, and such amended terms will be effective against You on the earlier of (i) Your actual notice of such changes and (ii) thirty days after Truckplease makes reasonable attempt to provide You such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

11.4 Assignment

Truckplease may assign these Terms in part or in their entirety without Your consent. These Terms are personal to You and You may not assign Your rights or obligations under these Terms to anyone.

11.5 Notices

Truckplease may give You notice in connection with these Terms to Your email address on record in connection with Your User account information. You must give notice to Truckplease in connection with these Terms (such notice deemed given when received by Truckplease) by email-to-email address.

11.6 Force Majeure

Truckplease shall not be liable to You for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof, caused or occasioned by, or due to fire, earthquake, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond its reasonable control. If the force majeure continues for more than thirty (30) calendar days, then either party may terminate the Agreement for convenience upon written notice to the other party.

11.7 Jurisdiction

You agree that these Terms and any dispute arising out of Your use of Truckplease or its products or services shall be governed and construed in accordance with the laws of British Columbia and Canada as applicable without regard to its conflict of law provisions.

11.8 Arbitration

In the event of any controversy or claim arising out of or relating to Your use of the Website or Our products or services, or these Terms or a breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to research a satisfactory solution. If they do not reach settlement within a period of thirty (30) days, then, upon notice by any party to the other, any unresolved controversy or claim shall be finally settled by arbitration administered by the British Columbia International Commercial Arbitration Centre in accordance with the provisions of its Rules. The number of arbitrators shall be one (1) and the place of arbitration shall be Vancouver, British Columbia. This provision shall not prevent Truckplease from seeking or obtaining equitable relief in a court of law.

11.9 No Joint Venture

The entirety of Our relationship with You and vice versa is set out in these Terms and is subject to modification only by written agreement between Us and You. For further clarity, absolutely no employment, partnership, joint venture, representative, or agency relationship exists between Us and You as a result of this TOS or for any other reason.

11.10 Entire Agreement

These Terms and the Privacy Policy are the entire agreement between You and Truckplease with regards to Your use of the Website and its products or services and supersede all prior or contemporaneous agreements between You and Truckplease relating thereto.