Terms of Service




Last Updated: 6/03/2010

 

These Terms of Service, including any Guidelines and future modifications (collectively the "Terms of Service" or "Agreement") govern your use of bigrigcentral.com and bigrigcentral.com trucking community powered by the Ning Platform and is a legal contract between you and bigrigcentral.com.

By registering with us or using or browsing our web site, bigrigcentral.com and bigrigcentral.com trucking community powered by the Ning Platform, you acknowledge that you have read, understood, and agree to be bound by this bigrigcentral.com Agreement and by Ning's own terms of service and privacy policy associated with being a member of the Ning community. If you do not agree to these terms, you can stop using bigrigcentral.com, the BigRigCentral.com Trucking Community powered by the Ning Platform and the Ning Platform at any time.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Privacy Policy / Terms of Service.

BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform is not directed to children younger than 18 and is offered only to users 18 years of age or older. If you are under 18 years old, please do not use the BigRigCentral.com Trucking Community powered by the Ning Platform. Any person who provides their personal information through the BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform represents to us that they are 18 years of age or older.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a "My Page" BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.

1. Acceptable Use and Conduct: You are solely responsible for your conduct, Your Networks, Your Code, and Your Content on bigrigcentral.com and bigrigcentral.com trucking community powered by the Ning platform. We want to keep the bigrigcentral.com and Social Networks on Ning safe and fun for everyone and the use of bigrigcentral.com and bigrigcentral.com trucking community powered by the Ning Platform for unlawful or harmful activities is not allowed. In defining "safe and fun," you specifically agree that:

You will not post, email or make available any Content to bigrigcentral.com Users or use the bigrigcentral.com trucking community powered by the Ning Platform:

*In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;

*in a manner 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;

*to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Ning Platform in connection with Your Network;

*in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;

*in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;

*in a manner that is harmful to minors in any way;

*in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by bigrigcentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform;

*to impersonate a bigrigcentral.com employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to bigrigcentral.com trucking community powered by the Ning platform or the Ning Platform itself without authorization

*to interfere or attempt to interfere with the proper working of the bigrigcentral.com trucking community powered by the Ning platform or the Ning Platform itself or prevent others from using the bigrigcentral.com trucking community powered by the Ning platform or the Ning Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the bigrigcentral.com trucking community powered by the Ning platform or Ning Platform, or that otherwise negatively affects other persons' ability to use bigrigcentral.com trucking community powered by the Ning platform or the Ning Platform;

*to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any Network Creator's account or to monitor or copy the Ning Platform (including the Network Code or Platform Code) or the content contained therein;

*to facilitate the unlawful distribution of copyrighted content;

*in a manner that includes personal or identifying information about another person without that person's explicit consent;

*in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Ning Platform or to Users; and

*in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

*"Stalk" or otherwise harass anyone;

*Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;

*Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any bigrigcentral.com trucking community powered by the Ning Platform Member or any Member of the Ning Platform, including Ning ID passwords from a Network Creator, or to proxy authentication credentials for any Member of the Ning Platform for the purposes of automating logins to the Ning Platform;

*Use any profanity or the description or name of any illegal activity in the name of your bigrigcentral.com trucking community powered by the Ning Platform "My Page";

*Use the name "Ning" as any part of the name of Your bigrigcentral.com trucking community powered by the Ning Platform "My Page";

*Post any Content containing child pornography to Your bigrigcentral.com trucking community Powered by the Ning Platform "My Page"; or to any Ning Social Network. BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any BigRigcentral.com Trucking Community Member Data, to law enforcement, including the National Center for Missing and Exploited Children;

*Post any Content / Image that bigrigcentral.com trucking community powered by the Ning Platform determines in its sole discretion, depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;

*Post any Content that bigrigcentral.com trucking community powered by the Ning Platform determines constitutes pornography or is adult in nature. BigRigCentral.com Trucking Community powered by the Ning Platform follows and adheres to Ning’s current policy on what is considered adult which is located Here and is subject to change.

*Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the bigrigcentral.com Trucking Community Social Network, other Ning Social Networks and the Ning Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";

*Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on bigrigcentral.com's Trucking Community powered by the Ning Platform and Ning's infrastructure;

*Attempt to gain unauthorized access to bigrigcentral.com's Trucking Community powered by the Ning Platform and Ning's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, bigrigcentral.com's Trucking Community powered by the Ning Platform and the Ning Platform;

*Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of bigrigcentral.com's Trucking Community powered by the Ning Platform and the Ning Platform or for using it for purposes unrelated to bigrigcentral.com's Trucking Community powered by the Ning Platform or to Ning);

*Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of bigrigcentral.com's Trucking Community powered by the Ning Platform and the Ning Platform itself.

You agree not to authorize or encourage any third party to use bigrigcentral.com's Trucking Community powered by the Ning Platform or the Ning Platform or any of your Networks (and Your Networks will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify bigrigcentral.com's Trucking Community powered by the Ning Platform by email at member@bigrigcentral.com in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

 

2. Services and Payment 

Presently as of 6/3/2010, While Ning will start charging BigRigCentral.com in July, 2010 for the Ning Platform, there will NOT be a monthly membership fee charged for individuals to be a member of BigRigCentral.com's Trucking Community powered by the Ning Platform at this time.

If a membership fee is ever implemented, existing members joining before 6/3/2010 will continue to have a free membership at BigRigCentral.com's Trucking Community powered by the Ning Platform

A membership fee, if ever implemented for new members joining after 6/3/2010, will have the two payment options listed below and discussed here in Section 2 and in Section 3.

Note: New members joining after 6/3/2010 will given 90 days notice if a membership fee is ever implemented to decide whether to continue their membership for fee at BigRigCentral.com's Trucking Community powered by the Ning Platform or choose to discontinue their membership here.

There are two options available to make payments via PayPal only to BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform: PayPal does not share any member's financial data such as credit card information with BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform

Option 1: A member may pay via Paypal a recurring monthly fee in advance

Option 2: A member may pay via Paypal an annual fee in advance to receive a discount.

The options and prices of membership fees if implemented are subject to change from time to time.

BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform may choose to temporarily change the fees for promotional or new services, and such changes are immediately effective when BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform posts the temporary promotional event or new option on the bigrigcentral.com web site.

Any changes to fees for membership that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform. The changes shall only apply prospectively to the membership option you've purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.

3. Payment Generally You are responsible for paying all fees and applicable taxes associated with the membership option selected in a timely manner with a valid payment method.

You authorize BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform to charge PayPal, (herein "Payment Method") for all charges to your accounts with BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform. Your Payment Method will be charged the current fee for the membership option you choose on the date that you click on the "PayPal Purchase" button in the ordering process.

If a membership fee is ever implemented, we will only offer monthly and annual recurring payments. You agree that BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose membership option #1, you will be billed every month on the anniversary date of the date you clicked the "PayPal Purchase" button. Additionally, we offer a pre-pay payment option (known as option #2) for payment of ("Pre-Payment Plan"). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that membership option at the commencement of each renewal period.

You acknowledge and agree PayPal will handle the transaction and be responsible for protecting your financial information while indemnifying BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform.

The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform all charges incurred under your account for any membership option in which you or anyone else who uses your account (including family and friends) enroll in accordance with this Agreement and any applicable Membership Option policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform reserves the right to either suspend or terminate your BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform membership. Except as may be set forth in applicable Membership Policies or Section 22 (Termination), any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform.

4. Taxes - You are responsible for paying any governmental taxes imposed on your use of the BigRigCentral.com's Trucking Community powered by the Ning Platform, including, but not limited to, sales, use, or value added taxes.

 

5. Your Code and Licenses to Your Code You own Your Code. BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform does not claim any ownership rights in Your Code. If you upload any of Your Code to the BigRigCentral.com's Trucking Community powered by the Ning Platform, subject to the licenses granted by you herein, you continue to have the right to use and license Your Code in any way you choose (and you are responsible for protecting those rights as appropriate). You may only upload Your Code to the BigRigCentral.com's Trucking Community powered by the Ning Platform, for use on Your Network, provided that Your Code complies with the terms of this Agreement. At any point, you can take Your Code from Your "My Page" and cancel your account and BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform shall not retain any license rights, except as provided below.

You hereby grant BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform a non-exclusive, worldwide, perpetual, transferable, irrevocable, sublicenseable, royalty-free right and license to access, use, reproduce, store, modify, distribute, publicly display, publicly perform and create derivative works of Your Code (a) for the purpose of operating and making Your "My Page" available on the Ning Platform and in all current and future media in which the BigRigCentral.com Trucking Community powered by the Ning Platform may now or hereafter be distributed or transmitted; or (b) for our internal business purposes. Additionally, you hereby grant BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform a non-exclusive, world-wide, transferable, irrevocable, sublicenseable royalty-free right and license to continue using, reproducing, archiving, caching, creating derivative works, publicly displaying and performing in perpetuity, any of Your Code that is incorporated into the Ning Platform, provided that BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform shall not use or distribute Your Code on a stand alone basis. The foregoing license does not limit BigRigCentral.com's and BigRigCentral.com Trucking Community powered by the Ning Platform's rights under any third party or open source license in which Your Code is licensed.

You are responsible for making sure that you have all rights in Your Code you upload or use and all rights that are necessary for you to grant the foregoing licenses to Your Code. You are solely responsible for ensuring that Your Code is compatible with any Ning Technology. Ning disclaims any liability or responsibility for any unauthorized use of Your Code by third parties or Users of Your "My Page" and is not responsible for protecting Your Code.

 

6. Your Content and Licenses to Your Content BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform does not claim any ownership rights in Your Content. After posting Your Content, you continue to retain ownership of Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform needs to comply with the terms of this Agreement. At any point, you can take Your Content from Your "My Page" and cancel your account and BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform does not retain any license rights except as provided below.You hereby grant BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform, during the course of your usage of the BigRigCentral.com Trucking Community powered by the Ning Platform, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on the BigRigCentral.com Trucking Community powered by the Ning Platform and in allcurrent and future media in which the BigRigCentral.com Trucking Community powered by the Ning Platform may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. Without limiting the foregoing, BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform reserves the right to retain copies of Content for archival purposes after termination of the Agreement.

You hereby agree that if Your Content is removed from BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform due to a violation of these Terms, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal images, BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform shall have the right to use, reproduce and exploit Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform, any individual, or the general public.You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. You understand that whether or not Your Content is published or marked private by you, BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform does not guarantee any confidentiality or privacy with respect to any of Your Content. You agree not to include any advertising in any of Your Content unless you purchase the Premium Service to run your own advertising on Your Network.

Additionally, you understand and agree that Your Content that is displayed on the BigRigCentral.com Trucking Community powered by the Ning Platform may continue to appear on the BigRigCentral.com Trucking Community powered by the Ning Platform, even after you have terminated your BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform membership, Ning Member or Network Member account or terminated these Terms of Service, as portions of Your Content may have been incorporated into Member profiles, RSS feeds or other features.

In addition to the rights, licenses and privileges referred to above, you agree that BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the BigRigCentral.com Trucking Community powered by the Ning Platform, and any products, goods, features, capabilities and/or services associated with the BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform.

As a BigRigCentral.com Trucking Community powered by the Ning Platform Member you acknowledge that BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.

If BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform is removed from the Ning Platform, the Content associated with BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform may also be deleted at the discretion of BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform. You should be aware that BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform is not required and may not keep back-up copies of Content(including Your Content) on the BigRigCentral.com Trucking Community powered by the Ning Platform once the Network or Content is deleted. Additionally, BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform and you should independently back-up Your Content.

 

7. Licenses From BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform

License to BigRigCentral.com Trucking Community powered by the Ning Platform During and subject to the terms and conditions of this Agreement, BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to access and use the BigRigCentral.com Trucking Community powered by the Ning Platform solely to enable your use of the BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform Member Services. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Network Code.

You agree that, as between you and BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform, all the intellectual property rights in the Ning Platform, which does not include Your Content or Your Code, are owned by Ning or its licensors.

License to Embeddable Widgets During and subject to the terms and conditions of this Agreement, BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to incorporate Embeddable Widgets into other third party websites or your own personal websites. The foregoing license shall terminate immediately upon expiration or termination of this Agreement or removal of Your "My Page" from the BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform by BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform or you and you agree to immediately stop using such Embeddable Widget.

License Restrictions Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:

Run, rent, lease, loan, or sell access to the BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform, Ning Platform or the Ning Technology. Decompile or reverse engineer or attempt to access the source code of the software underlying the Ning Platform or Ning Technology. Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Ning Technology. Access the BigRigCentral.com Trucking Community powered by the Ning Platform and access to the Ning Platform to build a product using similar ideas, features, functions, interface or graphics of the Ning Platform. Access (or attempt to access) any service on the BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning PlatformNing Platform by any means other than as permitted in these Terms of Service. Circumvent, disable or otherwise interfere with security related features of the Embeddable Widget or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Embeddable Widget or the Content and Third Party Content therein. Access the Ning Platform to upload Your Code or Your Content to cause a breach of security to BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform or interfere with the proper working of BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform, the Ning Platform or prevent others from using BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform or the Ning Platform. Delete the copyright and other proprietary rights notices on BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform, the Ning Platform or Embeddable Widgets.

 

8. Independent Development; Feedback You agree that BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform or Ning may be independently developing software, content and other products or services that may be similar to Your Code and Your Content and nothing in the Agreement will be construed as restricting or preventing BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform or Ning from creating or fully exploiting such software, content and other items, without any obligation to you.

You may from time to time elect, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Your "My Page". If you elect to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use and otherwise exploit Feedback.

9. BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform Trademarks and Legal Notices BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform trademarks, logos, images, service marks, trade names and other distinctive branding features used on BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform are the trademarks of BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform and may not be used without permission. Other trademarks, logos, and trade names that may appear on BigRigCentral.com, the BigRigCentral.com Trucking Community powered by the Ning Platform and the Ning Platform are the property of their respective owners.

Being a Network Creator, Ning reserves the right to include within the BigRigCentral.com Trucking Community powered by the Ning Platform Network applicable Ning copyright and trademark notices for the Ning Platform and links to the Ning Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by Ning.

10. BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform Ning Ownership Rights You agree that, as between you and BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform, Ning owns all right, title and interest, including, all intellectual property rights, in and to the Ning Technology. Additionally, there are two types of data provided by or collected from Network Members – Network Member Data and Ning Member Data. If you are a Network Creator or an administrator designated by a Network Creator ("Administrator"), you agree that, as between Ning and you, Ning owns all right, title and interest, including, all intellectual property rights, in and to the Ning Member Data. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to Ning. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Ning Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Ning Platform, including notices on any Ning Technology you download, transmit, display, print or reproduce from or using the Ning Platform.

 

11. Third Party Content and Hyperlinks to Third Party Sites Content from other Members or advertisers, including, information about third party products and services and any Third Party Applications, is made available to you through Networks ("Third Party Content") on the Ning Platform. The inclusion of Third Party Content on the Ning Platform does not imply our affiliation or endorsement of such Third Party Content. Because BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform at your own risk.

Additionally, BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform, Ning or third parties may provide hyperlinks on Networks, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the Ning Platform and the inclusion of any link on a Network does not imply BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform's affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein.

BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

12. Representations and Warranties. You hereby represent and warrant to BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform including your promotional or other activities off the Ning Platform that relate to Your "My Page"; (b) you have the right to grant to BigRigCentral.com and the BigRigCentral.com Trucking Community powered by the Ning Platform the rights granted herein and you own or have all necessary rights, title and interest in and to Your Code and Your Content; (c) Your Code and Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Code, Your Content or Your Network contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the Ning Platform, or intercept or expropriate any system data or personal information from the Ning Platform.

 

13. BigRigCentral.com's and BigRigCentral.com Trucking Community powered by Ning's Platform's Relationship with Users You acknowledge that BigRigCentral.com's and BigRigCentral.com Trucking Community powered by Ning's Platform's may terminate your account (which is separate from Ning's right to terminate or continue your account) in accordance with the terms of this Agreement. Ning reserves the right to remove your Ning ID, Content and Network Member Data, as well as disable your access to any and all Social Networks and the Ning Platform, in accordance with the terms of Ning's Agreement posted here. If you are a Network Member, you acknowledge that nothing in any agreement (or related policies) you may be subject to with any Network Creator or other party will alter, impair, supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or Ning's Privacy Policy.

14. Copyright Infringement/Digital Millennium Copyright Act Compliance It is BigRigCentral.com's and BigRigCentral.com Trucking Community powered by Ning's Platform's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). For more information, please go to BigRigCentral.com's and BigRigCentral.com Trucking Community powered by the Ning Platform's DMCA Notification Guidelines. BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform may remove any allegedly infringing Network Code or Content without any liability to you. BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform will promptly terminate without notice any Member's access to bigrigcentral.com Trucking Community social network in appropriate circumstances where the Member is a "repeat infringer" of copyrights. Generally, BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform will consider a Member a repeat infringer if it has received more than two third-party notices of alleged infringement concerning Content or Network Code posted by that Member anywhere on BigRigCentral.com Trucking Community powered by Ning's Platform. BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform, however, reserves the right to identify and terminate Members under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that Member.

 

15. Your Account You need to register at BigRigCentral.com Trucking Community powered by the Ning Platform and create a Ning ID in order to become a BigRigCentral.com Trucking Community powered by the Ning Platform Member, Network Member or Network Creator on the Ning Platform. You are responsible for keeping your BigRigCentral.com Trucking Community powered by the Ning Platform and Ning ID password secure. Ning IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your Ning ID while at BigRigCentral.com Trucking Community powered by the Ning Platform. BigRigCentral.com Trucking Community powered by the Ning Platform reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time.

When you create Your "My Page" at BigRigCentral.com Trucking Community powered by the Ning Platform, BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform gives you the flexibility to start forum discussions, add pictures, content and videos. You will be solely responsible and liable for any activity that occurs under Your "My Page" located at BigRigCentral.com Trucking Community powered by the Ning Platform.

BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform maintains ownership of your "My Page" and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the "My Page" on BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform.

You may not use anyone else's account, Ning ID or Network Subdomain at any time, without the permission of the account holder. You should never give out your password to another individual or entity. BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform will not be liable for any loss that you may incur as a result of someone else using your Ning ID, or password, either with or without your knowledge. However, you may be held liable for losses incurred by BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform or another party due to someone else using your Ning ID, Network Subdomain, or password. In other words, please be careful with your identity and passwords.

16. Disclaimer of Warranties YOUR USE OF THE BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM, AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-NING CODE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM, THE NING PLATFORM AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-NING CODE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NING AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE NING PLATFORM, OR ANY NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-NING CODE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NING PLATFORM OR THE SERVER THAT MAKES THE NING PLATFORM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM OR NING MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE NING PLATFORM OR YOUR NETWORK (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR NETWORK OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY NON-NING CODE WITH ANY NING TECHNOLOGY.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NING PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE 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 BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM OR NING OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE NING PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

17. Indemnity You agree to indemnify, defend, and hold harmless BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:

Your Code, Your Content or Your Network; Your use of any Non-Ning Code or Third Party Applications; Your use or misuse of, or connection to, BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM and the Ning Platform; Your breach or alleged breach of this Agreement; Your violation of any rights (including intellectual property rights) of a third party; Your use or misuse of any BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM User data (including Ning Member Data and Network Member Data), including, in violation of the Ning Privacy Policy and Your breach or alleged breach of any agreement or policy between you and other Users. BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM. BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

18. Your Interactions with Other Users Your interactions with other BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Network Member or Network Creator), BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM is under no obligation to become involved. You release BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

19. Limitation of Liability YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE NING PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE NING PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

20. Changes to BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM and the Ning Platform BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Ning Platform or any part thereof with or without notice. BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM will not be liable to you or to any third party for any modification, suspension or discontinuance of the Ning Platform.

21. Amendments BIGRIGCENTRAL.COM and BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.bigrigcentral.com or elsewhere on the BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.bigrigcentral.com or elsewhere on the BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM. The revised version will apply to you immediately if you are a User who registers or first uses BIGRIGCENTRAL.COM TRUCKING COMMUNITY POWERED BY THE NING PLATFORM on or after the posting of the revised version.

22. Term and Termination

Term This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your membership with BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform at any time and for any or no reason by following the instructions on the "My Settings" page while logged in to BigRigCentral.com Trucking Community powered by the Ning Platform. Additionally, you may terminate your Ning ID account and end your use of the Ning Platform at any time and for no reason by contacting Ning at info@ning.com or at the mail address: Ning, Inc., 735 Emerson Street, Palo Alto, CA 94301

 

Termination BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the BigRigCentral.com Trucking Community powered by the Ning Platform, (ii) remove and discard any Network Code or Content within BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform or (iii) shut down the BigRigCentral.com Trucking Community powered by the Ning Platform, with or without notice, and with no liability of any kind to you.If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

Effects of Terminating

Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Code, Your Content, Your BigRigCentral.com Trucking Community powered by the Ning Platform Member Data. BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform will not have any obligation to assist you in migrating your data, Your Content, Your BigRigCentral.com Trucking Community powered by the Ning Platform Data, Your Code or Your Network(s) off of the Ning Platform and BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform does not keep any back-up of any of Your Content or Your Network Member Data. BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform is not responsible for deleting Your Code, Network Code or Content on your behalf.

Note that, even if Your Code, Network Code or Content is deleted from BigRigCentral.com Trucking Community powered by the Ning Platform section of Ning's active servers, it may remain in Ning's archives (but BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform have no obligation to archive or back-up Your Code or such Network Code or Content), and subject to the licenses set forth in this Agreement.

Survival The following Sections will survive termination of these Terms of Service for any reason: Sections 1-10, 12-19, 22-28.

23. Governing Law; Venue This Agreement shall be governed by the laws of the State of Texas without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Bexar County, Texas for the purpose of litigating all such claims or disputes.

24. Relationship of the Parties The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

25. United States Export Controls You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

26. No Third Party Beneficiaries The parties specifically disavow any desire or intention to create a "third party" beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.

27. General The failure of BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.You may not delegate your duties under this Agreement or assign this Agreement or your Ning accounts or Ning IDs, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.This Agreement, which incorporates the BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform Privacy Policy and the Guidelines, constitutes the entire agreement between you and BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform and governs your use of BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform, superseding any prior agreements (whether written or oral) between you and BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.

The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform may provide you with notices, including those regarding changes to this Agreement or any of BigRigCentral.com's and BigRigCentral.com Trucking Community powered by the Ning Platform's terms and conditions, by email, regular mail, or postings on the bigrigcentral website. Notice will be deemed given twenty-four (24) hours after email is sent, unless BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform has previously been notified that the email address is invalid. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the Ning Platform) are deemed given two (2) days following the initial posting.

28. Contacting BigRigCentral.com - You may contact bigrigcentral.com in the following ways:

E-Mail: info@bigrigcentral.com

Postal: BigRigCentral.com 3030 Shane Road San Antonio, TX 78223

We welcome your feedback on this document and thank you for using

BigRigCentral.com and BigRigCentral.com Trucking Community powered by the Ning Platform.