Updated January 27, 2021
1. Contractual Relationship
Truck You is an on demand lead generation service that enable users to connect with drivers of pickup trucks or qualifying transportation to seek, receive, and fulfill on-demand requests for delivery services (the “Services”). Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Truck You. If you do not agree to these Terms, you may not access or use the Services. Truck You may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Truck You may at times enter into a separate Master Services Agreement with business entities. For any conflicts between this Truck You User Agreement and the Master Service Agreement, the Master Service Agreement will take precedence over the Truck You User Agreement.
Truck You may amend the Terms related to the Services from time to time. Amendments will be effective upon Truck You’s posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute a technology platform that enables users of Truck You’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule delivery services (“Delivery Services”) with Third-Party delivery providers of such services (each a “Third-Party Delivery Providers”). Unless otherwise agreed by Truck You in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT TRUCK YOU DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.
2.1 Prohibitions. Only authorized cargo (“Authorized Cargo”) shall be delivered by the Third-Party Delivery Providers, the following actions are strictly prohibited in connection with the Delivery Services: (a) there shall be no transportation whatsoever of any person or animal in the Third Party Delivery Provider’s vehicle; (b) no transportation of articles of exceptional value such as antiques, heirlooms, extravagant furniture, fine art, jewels/jewelry, gold or other precious metals – any items that are valued at over $2,500 are considered exceptional value; (c) there shall be no transportation of hazardous materials of any kind, including, but not limited to explosives, gases, flammable liquids, flammable solids, and/or poisonous or infectious substances, or anything designated by the Department of Transportation as hazardous materials; (d) no transportation of firearms, ammunition or other explosive materials; and (e) no transportation of goods for which you have reason to believe are illegal or stolen.
2.2 License. Subject to your compliance with these Terms, Truck You grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Application on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal use. Any rights not expressly granted herein are reserved by Truck You and Truck You’s licensors.
2.3 Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works, distribute or license, or otherwise exploit the Application except as expressly permitted by Truck You; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; or (v) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
2.4 Ownership. The Services and all rights therein are and shall remain Truck You’s property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Truck You’s company names, logos, product and service names, trademarks or services marks or those of Truck You’s licensors.
3. Your Use of the Services
3.1 User Accounts and Conduct. In order to use the Services, you must be at least 18 years of age. As part of requesting Delivery Services you are required to submit to Truck You certain personal information, such as your name, email address, and mobile phone number. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).
3.2 User Provided Content. Truck You may, in Truck You’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Truck You through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services as well as the Third Party Delivery Provider, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Truck You, you grant Truck You a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Truck You’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Truck You in its sole discretion, whether or not such material may be protected by law. Truck You may, but shall not be obligated to, review, monitor, or remove User Content, at Truck You’s sole discretion and at any time and for any reason, without notice to you.
3.3 Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Truck You does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Delivery Calculation: Payment
Delivery Calculation and Your Payment (Customer/Third Party Delivery Provider).
Customer – You will be charged a fee for each Delivery Service provided to you by a Third-Party Delivery Provider (“Charge”).
Pricing will be determined by the following 3 methods:
1. Customer can set the price for Third-Party Delivery Service Providers to accept.
2. Customer can accept “bids” from Third-Party Delivery Service Providers.
3. Customer can leave the pricing for service “open” until a final negotiated price is finalized between customer and Third-Party Delivery Service provider.
Truck You will facilitate your payment of the applicable Charges on behalf of the Third-Party Delivery Provider, as such Third-Party Delivery Provider’s limited payment collection agent. Transfer of payment will happen immediately after completion of delivery. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Delivery Provider.
Charges paid by you are final and non-refundable, unless otherwise determined by Truck You.
You may elect to cancel your request for services or goods from a Third-Party Delivery Provider at any time prior to such Third-Party Delivery Provider’s arrival for pickup, in which case you may be charged a cancellation fee.
Cancellation Fee – In the event of cancellation prior to 24 hours before scheduled service time, you will retain 90% of the final agreed upon amount between you and the Third-Party Delivery Provider. If canceled within 24 hours of the scheduled service time, you will retain 50% of the final agreed upon amount between you and the Third-Party Delivery Provider Cancellation Fee Disputes – You may request to dispute any fees for cancellation by submitting a written request if the reason for cancellation meets the minimum criteria set forth by Truck You. The criterion set forth by Truck You is centered around Emergencies that prohibited you from being able to be available to complete the transaction such as a Medical Emergency. Each dispute will be handled on a case-by-case basis.
Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience, tip your Third-Party Delivery Provider, and leave additional feedback about your experience.
Third-Party Delivery Provider – Compensation – Third-Party Delivery Service Providers will receive 85% of all final agreed upon fees for delivery services. You will retain 100% of any tips and/or gratuities received for services rendered. Cancellations – Any cancellations made on the part of any Third-Party Delivery Service Provider will constitute a “ding” or “negative mark” on the Third-Party Deliver Service Provider’s Truck You account. After 3 “dings” your account will be suspended up to 1 fiscal year from last “ding”. Cancellation Disputes – You may request to dispute any “dings” for cancellation by submitting a written request if the reason for cancellation meets the minimum criteria set forth by Truck You. The criterion set forth by Truck You is centered around Emergencies that prohibited you from being able to be available to complete the transaction such as a Medical Emergency. Each dispute will be handled on a case-by-case basis.
5. Risk and Insurance
Each Third Party Delivery Provider is required to (i) own and/or lease its pickup truck or qualifying transportation (“Vehicle”); (ii) maintain all licenses, permits and authorizations to provide the Delivery Services; and (iii) maintain automobile liability insurance to satisfy the minimum requirements necessary to operate a private passenger vehicle on the roads in the territory where the Third Party Delivery Provider provides Delivery Services. A Third Party Delivery Provider’s failure to meet or maintain these requirements shall not result in Truck You being responsible or liable for any claim, injury, or damage arising from any Delivery Service.
You are required to notify the Third Party Delivery Provider of any damage to the Authorized Cargo prior to loading and immediately upon unloading. Any Authorized Cargo that is damaged due to the negligence of the Third Party Delivery Provider while in transit during a Delivery Service may be reported to Truck You for evaluation. Truck You will assess the damage, interview the Third Party Delivery Provider involved, and in its sole discretion facilitate or compensate for the repair or replacement of damaged items up to a maximum of $2,500 per Delivery Service.
Any claims for damage must be made as soon as possible, but in no event later than 24 hours after the Delivery Services. Claims are to be emailed to firstname.lastname@example.org
6. Disclaimers; Limitation of Liability; Indemnity
YOU AGREE THAT TRUCK YOU WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THE DELIVERY SERVICES.
YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST TRUCK YOU AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES, FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY ACTION OR INACTION OF A THIRD PARTY DELIVERY PROVIDER.
6.1 Disclaimer. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TRUCK YOU DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TRUCK YOU MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR THE DELIVERY SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TRUCK YOU DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY DELIVERY PROVIDERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER TRUCK YOU NOR ITS REFERRAL PARTNERS ARE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD PARTY DELIVERY PROVIDER OR FOR ANY DELIVERY SERVICES PROVIDED BY ANY THIRD PARTY DELIVERY PROVIDERS. NEITHER TRUCK YOU NOR ITS REFERRAL PARTNERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY DELIVERY PROVIDER.
If you have a dispute with one or more Third Party Delivery Providers, you agree to release Truck You (including Truck You’s referral partners, and each of their respective officers, directors, employees, agents) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
6.2 Limitation of Liability. TRUCK YOU (INCLUDING ITS REFERRAL PARTNERS) SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR PERSONAL INJURY IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF TRUCK YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRUCK YOU (INCLUDING ITS REFERRAL PARTNERS) SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY DELIVERY PROVIDER, EVEN IF TRUCK YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRUCK YOU (INCLUDING ITS REFERRAL PARTNERS) SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TRUCK YOU’S REASONABLE CONTROL. IN NO EVENT SHALL TRUCK YOU’S OR ITS REFERRAL PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND AND FIVE HUNDRED U.S. DOLLARS (US $2,500).
TRUCK YOU’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE DELIVERY SERVICES WITH THIRD PARTY DELIVERY PROVIDERS, BUT YOU AGREE THAT TRUCK YOU HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY DELIVERY SERVICES PROVIDED TO YOU BY THIRD PARTY DELIVERY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. ANY BREACH OF THESE TERMS BY YOU SHALL ELIMINATE ANY RESPONSIBILITY OR LIABILITY THAT TRUCK YOU MAY OTHERWISE HAVE.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
6.3 Indemnity. You agree to defend, indemnify, and hold TRUCK YOU and its officers, directors, employees, agents, subsidiaries, affiliates, and referral partners harmless from and against any and all claims, demands, losses, liabilities, suits, judgments, damages, consequential damages, actual damages, punitive damages, personal injury, costs, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) TRUCK YOU’S use of your User Content; (iv) your violation of the rights of any Third-Party, including Third Party Delivery Providers; and/or any acts or ommissions by any Third Party Delivery Providers.
THE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRUCK YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
7. Governing Law; Venue and Jurisdiction; Waiver of Jury Trial
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITH JURISDICTION AND VENUE BEING IN COLLIER COUNTY, FLORIDA. In any dispute, the prevailing party shall be entitled to an award of all legal costs, including attorney fees, incurred in the dispute.
9. Other Provisions
9.1 Notice. Truck You may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
9.2 General. You may not assign these Terms without Truck You’s prior written approval. Truck You may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Truck You’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Truck You or any Third Party Delivery Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Truck You’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Truck You in writing.