Changes
In Terms and Conditions and Truckers Search Service
We may modify or terminate our services from time to time, for any
reason, and without notice, including the right to terminate with
or without notice, without liability to you, any other user or any
third party. We reserve the right to modify these Terms of Service
from time to time without notice. Please review these Terms of Service
from time to time so that you will be apprised of any changes.
Disclaimer of Warranties
Truckers Supply disclaims any and all
responsibility or liability for the accuracy, content, completeness,
legality, reliability, or operability or availability of information
or material displayed in the TRUCKERS SUPPLY SERVICES results. Truckers
Supply disclaims any responsibility for the deletion, failure to
store, misdelivery, or untimely delivery of any information or material.
THE TRUCKERS SUPPLY SERVICES, AND ALL MATERIALS,
INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE TRUCKERS SUPPLY
SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
TRUCKERS SUPPLY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST
EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS. TRUCKERS SUPPLY AND ITS LICENSORS DISCLAIM ANY WARRANTIES
REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE
OF THE TRUCKERS SUPPLY SERVICES. TRUCKERS SUPPLY AND ITS LICENSORS
DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED
THROUGH THE TRUCKERS SUPPLY SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM
STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TRUCKERS SUPPLY OR ITS LICENSORS BE
LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR
RELIANCE ON TRUCKERS SUPPLY SERVICES. ARISING FROM ANY CLAIM RELATING
TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF
LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER
SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, (EVEN IF TRUCKERS OR ITS LICENSORS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND
RELIANCE ON THE TRUCKERS SUPPLY SERVICES, FROM INABILITY TO USE
TRUCKERS SUPPLY SERVICES, OR FROM THE INTERRUPTION, SUSPENSION,
OR TERMINATION OF TRUCKERS SERVICES (INCLUDING SUCH DAMAGES INCURRED
BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION,
TO THE COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST PROFITS,
OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO
THE PERFORMANCE OR NON-PERFORMANCE OF THE TRUCKERS SUPPLY SERVICES
OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY
WAY TO, THE TRUCKERS SUPPLY SERVICES. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO
YOU.
Without limiting the foregoing, under no circumstances
shall Truckers Supply or its licensors
be held liable for any delay or failure in performance resulting
directly or indirectly from acts of nature, forces, or causes beyond
its reasonable control, including, without limitation, Internet
failures, computer equipment failures, telecommunication equipment
failures, other equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil disturbances, shortages
of labor or materials, fires, floods, storms, explosions, acts of
God, war, governmental actions, orders of domestic or foreign courts
or tribunals, non-performance of third parties, or loss of or fluctuations
in heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Service constitute the entire
agreement between the parties with respect to the subject matter
hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject
matter. Any waiver of any provision of the Terms of Service will
be effective only if in writing and signed by Truckers Supply.
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