Terms of Service
Last Updated: 5/25/2018
These Terms of Service, including any Guidelines and future modifications
(collectively the "Terms of Service" or "Agreement") govern your use of bigrigcentral.com and is a legal contract
between you and bigrigcentral.com.
By registering with us or using or browsing our web site, bigrigcentral.com, you
acknowledge that you have read, understood, and agree to be bound by this bigrigcentral.com
If you do not agree to these terms, you can stop using bigrigcentral.com at any time.
You represent that you are fully able and competent to enter into the terms,
BigRigCentral.com 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. Any
person who provides their personal information through the BigRigCentral.com 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.
Additionally, BigRigCentral.com may provide hyperlinks on Networks, or any other
form of link or redirection of your connection to other sites ("Third Party Sites"). The inclusion of Third
Party Site Links does not imply BigRigCentral.com endorsement of the linked site, their business practices
(including their privacy policies) or any information therein.
BigRigCentral.com expressly disclaims responsibility for, the accuracy, quality,
legality, nature, availability or reliability of Third Party Sites linked to by or through the BigRigCentral.com.
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.
Representations and Warranties.
You hereby represent and warrant to BigRigCentral.com 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; (b) you have the right to grant to BigRigCentral.com 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 BigRigCentral.com.
Copyright Infringement/Digital Millennium Copyright Act
It is BigRigCentral.com'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
DMCA Notification Guidelines. BigRigCentral.com may remove any allegedly infringing Network Code or Content without any
liability to you.
Disclaimer of Warranties
YOUR USE OF THE BIGRIGCENTRAL.COM and THIRD PARTY SOFTWARE AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT
YOUR SOLE RESPONSIBILITY AND RISK. BIGRIGCENTRAL.COM CONTENT, THIRD PARTY SOFTWARE AND CONTENT ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. BIGRIGCENTRAL.COM 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. BIGRIGCENTRAL.COM AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS,
EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE BIGRIGCENTRAL.COM
PLATFORM, OR ANY NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, WILL MEET YOUR REQUIREMENTS OR BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BIGRIGCENTRAL.COM OR THE
SERVER THAT MAKES BIGRIGCENTRAL.COM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIGRIGCENTRAL.COM
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 BIGRIGCENTRAL.COM OR YOUR NETWORK (B) THE VOLUME
AND QUALITY OF ANY TRAFFIC TO YOUR NETWORK OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY CODE WITH ANY
BIGRIGCENTRAL.COM TECHNOLOGY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BIGRIGCENTRAL.COM 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 OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES,
SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM BIGRIGCENTRAL.COM SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend, and hold harmless BIGRIGCENTRAL.COM 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 Third Party Applications;
Your use or misuse of, or connection to, BIGRIGCENTRAL.COM; 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
alleged breach of any agreement or policy between you and other Users. BIGRIGCENTRAL.COM 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. BIGRIGCENTRAL.COM will use reasonable efforts to notify you of any such
claim, action or proceeding upon becoming aware of it.
Your Interactions with Other Users:
Your interactions with other BIGRIGCENTRAL.COM 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, BIGRIGCENTRAL.COM is under
no obligation to become involved. You release BIGRIGCENTRAL.COM, 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.
Limitation of Liability:
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL BIGRIGCENTRAL.COM 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 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 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
(INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON
BIGRIGCENTRAL.COM 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
Changes to BIGRIGCENTRAL.COM
BIGRIGCENTRAL.COM reserves the right at any time (and from time to time) to modify, suspend, or discontinue
providing any part of BIGRIGCENTRAL.COM thereof with or without notice. BIGRIGCENTRAL.COM will not be liable to you
or to any third party for any modification, suspension or discontinuance of BIGRIGCENTRAL.COM.
Amendments to BIGRIGCENTRAL.COM
BIGRIGCENTRAL.COM 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. 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 BIGRIGCENTRAL.COM 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
USER 30 days after the material changes are initially posted to www.bigrigcentral.com. The revised version will apply to you immediately if you
are a first time User to BIGRIGCENTRAL.COM on or after the posting of the revised version.
Term and Termination
This Agreement shall remain in full force and effect unless and until
your use is terminated. You may terminate your use of BIGRIGCENTRAL.COM at any time without
Termination BigRigCentral.com 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 BIGRIGCENTRAL.COM, (ii) remove and discard any Network Code or Content within
BigRigCentral.com or (iii) shut down BIGRIGCENTRAL.COM, 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. BigRigCentral.com will not have any obligation to
assist you in migrating your data, Your Content, Your Code or Your Network(s) off of BigRigCentral.com.
BIGRIGCENTRAL.COM does not keep any back-up of any of Your Content. BigRigCentral.com 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's active servers, it may remain in BIGRIGCENTRAL.COM 's archives (but BigRigCentral.com has
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.
The following Sections will survive termination of these Terms of Service for any reason: Sections 1-10, 12-19,
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.
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 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.
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 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
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.
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
The failure of BigRigCentral.com 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, 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 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 governs your use of BigRigCentral.com, superseding any prior agreements (whether
written or oral) between you and BigRigCentral.com regarding the subject matter hereof. Neither party is relying
upon any warranties, representations, assurances or inducements not expressly set forth in this
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 may provide you
with notices, including those regarding changes to this Agreement or any of BigRigCentral.com'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 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 BIGRIGCENTRAL.COM ) are deemed given two (2) days following the initial
You may contact bigrigcentral.com in the following ways:
Postal: BigRigCentral.com 3030 Shane Road San Antonio, TX 78223
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