Terms

Acceptance of Terms of Use

These Terms of Use govern your use of the Pin My Truck™ (PMT) locator service and website. By using, visiting, or browsing the PMT service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the PMT service or website. These Terms of Use are an ongoing contract between you and PMT and apply to your use of the PMT service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use

PMT, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” located at the bottom of the pages of the PMT website. The most current version of the Terms of Use will supersede all previous versions.

Privacy

Any personally identifying information submitted on the PMT website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

How Our Service Works

PMT is an online subscription service providing its members with the ability to notify customers of the operating status and exact GPS position of the truck. We offer membership plans at varying price levels, including special promotional plans or memberships. Under our plans, members have unlimited updates to the operating status and exact position and can access our service through any compatible web browser.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use. Below is a general description concerning the operation of our service:

Administrator Page PMT provides one (1) dedicated, password-protected administration page for each customer (www.brandname.pinmytruck.com) to set the real-time operating status, exact position, additional detail for users, and update settings (e.g., Automatic Twitter posting). This admin page is served by PMT.

Home Page Embed PMT will provide a single line of code that you can embed into a high traffic area of your website (e.g., homepage) to notify users of your real-time operating status (OPEN/CLOSED). This callout should be linked to the Map Detail Page.

Map Detail Embed PMT will provide a single line of code that you can embed into a page to display the GPS coordinates of your location into a map. When the operating status is set to “open”, the map is displayed with an option to ‘click for driving directions’. When the operating status is “closed”, only the Closed message will appear.

Membership and Billing

You can find the specific details regarding your membership with PMT at anytime by reviewing your confirmation email.

30 Day Trial Period

Our 30 day trial begins from the date you have received the administrator page and PIN from PMT. Your Payment Method will be charged the monthly fee associated with your membership type monthly on the 1st day of the next month. You will not receive a notice from us that your 30 day trial is nearing its end. YOU MUST CANCEL PRIOR TO THE END OF YOUR 30 DAY TRIAL TO MEMBERSHIP FEES CHARGED TO YOUR PAYMENT METHOD TO THAT POINT IN TIME. RESPOND TO THE CONFIRMATION EMAIL WITH YOUR DESIRE TO CANCEL YOUR MEMBERSHIP. We will continue to bill your Payment Method on a monthly basis for your membership plan until you cancel. You may cancel your membership at anytime. We offer various membership plans, depending on the number of trucks you want to track. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See “Billing” below).

Billing

By starting your PMT membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the PMT service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your membership plan, and changes in the amount of applicable sales tax, and you authorize us to charge your Payment Method for such varying amounts. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, bonus disc or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, please respond to your confirmation email. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Ongoing Membership

Your PMT membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

Cancellation

You may cancel your membership to PMT at anytime, and cancellation will be effective at the end of the month. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, respond to your confirmation email and we will cancel your membership within 48 hours of receipt of your email. We reserve the right to terminate your account for any or no reason.

Account Access; Identity Protection

In order to provide you with ease of access to your account, PMT will place a cookie (a small text file) on any computer from which you access the PMT website. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the PMT website. If you find that you’re a victim of identity theft and it involves a PMT account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. PMT reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. PMT is not obligated to credit or discount a membership for holds placed on the account by either a representative of PMT or by the automated processes of PMT.

Disclaimers of Warranties and Limitations on Liability

THE PMT SERVICE, INCLUDING THE WEBSITE AND ITS CONTENTS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PMT SERVICE, THE WEBSITE AND ITS CONTENTS. PMT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PMT SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT PMT MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE EM SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. PMT SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AS DEFINED IN THE APPLICATIONS SECTION ABOVE AND ANY DEVICES AS SET FORTH IN THE PMT READY DEVICES SECTIONS ABOVE. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the PMT service or on the PMT website; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the PMT service and/or website, (iv) delivery and or display of any content contained on the PMT website or through the PMT service; and (vii) any losses or damages arising from the use of the content provided on the PMT website or the PMT service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service or any conduct by users of the PMT service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on our website. We do not represent or guarantee that your use of the PMT service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon PMT or its affiliated parties. In no event shall PMT; its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the PMT website, its contents or the PMT service, features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the PMT service, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month’s membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Functionality Compatibility

PMT MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING PMT READY DEVICES. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our watch instantly functionality.

Intellectual Property

Copyright

All content included on the PMT Web site and delivered to members as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Pin My Truck™ Locator, or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Pin My Truck™ Locator, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Pin My Truck™ Locator or its suppliers. You agree not to decompile, reverse engineer or disassemble any software (including but not limited to the PMT Service) or other products or processes accessible through the PMT website, not to insert any code or product or manipulate the content of the PMT website in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method. PMT reserves the right to terminate your membership hereunder if PMT, in its sole and absolute discretion, believes that you are in violation of this paragraph. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the PMT website.

Trademarks

Pin My Truck is a protected trademark of the Pin My Truck Locator. The PMT logo and pinmytruck.com are trademarks or service marks of Pin My Truck. The PMT website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of PMT. The trademarks, service marks and trade dress of PMT may not be used or reproduced without prior written approval from Pin My Truck™ Locator and may not be used in connection with any product or service that is not affiliated with PMT, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of PMT, or in any manner that disparages or discredits PMT. Other trademarks that appear on the PMT website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PMT. Any images of persons or personalities contained on the PMT website are not an indication or endorsement of PMT or any particular product or our service unless otherwise indicated.

Use of Information Submitted

PMT is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to PMT (“Feedback”), including responses to questionnaires or through postings to the PMT website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the PMT website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future. Please note PMT does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to PMT. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against PMT and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

From time to time, we test various aspects of our service, including service levels, plans, promotions, features, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications

By using the PMT service, you consent to receiving electronic communications from PMT. These communications will include notices about your account (e.g., subscription detail, service notices, after action reports, and other transactional information) and information concerning or related to our service. These communications are part of your relationship with PMT and you receive them as part of the PMT membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Customer Service

If you need assistance with your account, you may find answers and reach Customer Service at any time by sending your account representative an Email. In certain instances, the account rep may best be able to assist you by using a remote access support tool, which will enable us to interact directly with your account. We provide such support service only with your permission and in your presence (via phone and Internet connection). During the time we are providing you with remote access support service, we have full access to your desktop. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will do our best to assist you through other means. The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service, including any remote desktop access tool.

Your Conduct on the PMT Website

By accessing the PMT website, you agree to use the PMT service, features and functionalities associated therewith, the Web site and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the PMT website. You also agree not to interfere with the servers or networks connected to the PMT website or to violate any of the procedures, policies or regulations of networks connected to the PMT website. You also agree not to impersonate any other person while using the PMT website, conduct yourself in a vulgar or offensive manner while using our service, or use the PMT website for any unlawful purpose.

Limitations on Use

You must be 18 years of age or older to become a member of the PMT service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the PMT website, including but not limited to information contained within a member or members’ Queue, without our express written consent. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PMT without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the PMT name or trademarks without our express written consent. Any unauthorized use of the PMT website or its contents will terminate the limited license granted by us.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links and Pages

Some of the hyperlinks on the PMT website may lead to other websites or Applications that are not controlled by, or affiliated with, PMT. In addition, other websites may link to the PMT website or PMT may include links to the websites of businesses, including those that have associations with us through certain programs. For example, PMTM may include pages that display and provide information on Applications, PMT ready devices or other products. These pages may provide links to third party sites where PMT members may obtain or purchase such Applications and devices. PMT has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. Members acknowledge and agree that PMT is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on the websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled “Applications” and “PMT Ready Devices”.

Disputes; Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, in Manhattan County, without regard to conflicts of laws provisions. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.