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    Privacy Policy & Terms of Use

    Privacy Policy

    Totaltrucklist.com is committed to protecting the privacy of our users. We want to provide a safe, secure user experience. We will use our best efforts to ensure that the information you submit to us remains private, and is used only for the purposes as set forth herein. The following reflects our commitment to you.

    Privacy Commitment Changes

    If we decide to change our privacy commitment for Totaltrucklist.com, we will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. If, at any time, you have questions or concerns about Totaltrucklist.com privacy commitment, please feel free to email us at info@totaltrucklist.com or call 509-202-4365 to speak with a Totaltrucklist.com representative. If we make material changes to this policy, we will do our best to notify you here, by email, or by means of a notice via our website. Thank you for using Totaltrucklist.com. We’ll keep working hard to earn your loyalty.

    Types of Information Collected

    In general, we gather information about all of our users, such as geographic information, what areas users visit most frequently and what services users access the most. This information helps us determine what is most beneficial for our users, and how we can continually create a better overall experience for you. We may share this information with service providers and partners, in order to enhance or improve the services that we offer through our websites and services. We collect:

    • Information you provide. When using Totaltrucklist.com, you may opt to register and create an account. During this process, you will be asked to provide personal information about yourself, such as your name, email address, and depending on whether you are seller, details about your business and payment information.
    • Cookies. We use a technology called “cookies”, which are tiny bits of electronic information transferred to your computer or electronic device to uniquely identify your browser. For example, Totaltrucklist.com uses cookies to know when a user logs into their account and their activities while on our site. Cookies allow us to make Totaltrucklist.com more convenient to use when saving equipment listings, allowing you to save certain custom preferences in our system, giving you “recent” searches, saved listings and other tools that need to know you are the same user from visit to visit or for modifying your member information. We do not employ cookies that track and report your activities on sites other than Totaltrucklist.com.

      A cookie will not permit Totaltrucklist.com to learn any personally identifying information about you, such as your real name or address unless you have previously provided that information to us or you have set the preferences in your browser to provide this information. Please note that you can set your browser to notify you when you receive a cookie, giving you the opportunity to accept or reject it.
    • Third-party cookies. We work with service providers, like Google and Facebook, who employ their own cookies to provide more options, such as allowing you to log-in and register via your Facebook account, and to collect aggregate traffic details, such as Google Analytics, while you’re using Totaltrucklist.com.
    • Location data. If you enable location services on your mobile device, such as when you want to sort listings by distance from you, we will use a cookie to store that information in your browser. If you wish to deactivate this feature, you can disable location services on your mobile device, or simply not opt to sort listings by distance from you.
    • Activity logs. We collect information about your use of Totaltrucklist.com, including the type of browser you use, time on the website, pages viewed, searches performed, your IP address and the page you visited before navigating to Totaltrucklist.com. We also collect information about the computer or mobile device you use to access Totaltrucklist.com, such as the hardware model, operating system, and version.
    • Phone calls. Phone calls between you and third parties selling products through Total Truck List may be recorded for quality assurance and customer service purposes. You will be notified at the beginning of a call if it may be recorded. Total Truck List uses a third-party service provider to track phone calls between you and sellers so that we and the seller can access certain details about the contact. As part of this process, Total Truck List and its service provider will receive in real-time and store data about your call, including the date and time of the call, duration, and your phone number.

    How We Use Your Information

    In general, Total Truck List uses the information collected about you to provide personalized services and to improve our services. These uses include:

    • Provide and deliver services for you, such as record saved listings, last listings viewed, process email and call communications, process payment transactions;
    • Send you technical, support, and administrative notices, updates, and security alerts;
    • Respond to your comments, questions, feedback, and provide customer service;
    • Monitor and analyze our website traffic, trends, usage and activities;
    • Modify or revise existing services and to develop new services;
    • Detect, investigate, and prevent fraudulent transactions and illegal activities and to protect the property of Total Truck List;
    • Communicate with you about products, services, industry news and advice, offers, promotions, rewards, and events offered by My Little Salesman and third-parties;
    • For training Total Truck List staff about how to better serve our customers;
    • For purposes which are required by law;
    • Provide any other purpose described to you at the time the information was collected.

    Where We Store Your Information

    Total Truck List, LLC. is based in the United States so your personal information will be stored on servers located in the United States. Images and media assets that you provide to us for listings, or inventory management, will be stored on our servers or those of Amazon Web Services. If you make a payment via Totaltrucklist.com, where we employ PayPal or Braintree (a PayPal-owned company), your payment details and associated information will be processed through their servers.



    How We Secure Your Information

    We have a very strong commitment to data security and protecting your information. Access by you to your account is available through a password and email address. Your password is encrypted on our servers and cannot be retrieved or read by Total Truck List employees or contractors. Your personal information resides on computer servers, in a controlled, secure environment, managed by Total Truck List employees, that only selected Total Truck List personnel and contractors have access to via password-protected accounts. Your personal information is encrypted whenever it is transmitted via Totaltrucklist.com. If you have any questions or concerns about the security of our site, you can email us at info@totaltrucklist.com.

    When We Share or Disclose Your Information

    You privacy is very important to us as well as keeping your data safeguarded. It is for this reason, we do not ask for a lot of personally identifiable information when you create a member account. In general, we will not disclose information about your individual visits to Totaltrucklist.com, or personal information you provide, such as your name and email address. Situations, where your information will be shared, include:

    • Contacting other users and sellers. If you choose to email or call a seller on Totaltrucklist.com, your name email address, message content, and possibly phone number will appear to the recipient.
    • Service providers to Total Truck List  When you purchase a listing via Totaltrucklist.com, the information will be sent via PayPal, or Braintree, a PayPal-owned company, to process the payment information. Additionally, you may provide personal information, including address, so that you may receive shipping quotes on a product. If you have opted to receive email communication from us or third-parties, your name and email address will be shared with MailChimp, who provides our email communication service.
    • Partners with whom we conduct business. When Total Truck List partners with other businesses to offer products and services, we may share information with those business partners only as needed to provide those products and services and only subject to the terms of this privacy policy.
    • Legal obligation or protection from harm. When Total Truck List has a good faith belief that access, use, preservation or disclosure of information is reasonably necessary to satisfy any requirement of law, regulation, legal process, or enforceable governmental request, enforce or investigate a potential violation of our Terms of Use, detect, prevent, or otherwise respond to fraud, illegal activity, security or technical concerns, support auditing and compliance functions, or protect the rights, property, or safety of Total Truck List , its users, or the public against harm.
    • Business transfers. If and when Total Truck List is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, we may share your personal information in connection with that transaction.

    Reviewing and Updating Your Information

    Total Truck List allows you to view, change, or correct your personal information at any time. To do so, simply log into your Total Truck List account, and you will find options for editing the information you have submitted. If you have issues accessing your account, or are unable to do so, you can email us at  info@totaltrucklist.com, or call 509-202-4365 to speak with a Totaltrucklist.com representative.

    Email Management

    You may receive email from Total Truck List for a variety of reasons, for example, you took an action on Totaltrucklist.com, such as emailing a seller, you registered an account, or you placed a listing for sale. If you have an account on Total Truck List, you can select your email preferences through your account settings. Additionally, you can manage your subscription to any newsletter or third-party emails, via the footer of those emails. Please note that transactional emails, such as a receipt email when you take an action on Total Truck List, such as contacting a seller, will still be emailed.

    Retaining and Deleting Your Personal Data

    Personal data that we process for any purpose will typically be kept until such time as we receive a request for deletion from you. Aggregate and analytical information we collect, such as traffic trends, or last visited pages, may be deleted at any time.

    You can request to be forgotten, your account be disabled, and personal information held by us be removed, or anonymized, at any time by sending an email to info@totaltrucklist.com. We may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

    We can terminate or suspend your account at any time at our discretion. We can also cancel any payment and remove any listings or content at our discretion.

    These terms remain in effect after your account is disabled.

    Obtaining and Questions About Your Personal Data

    You can request to be informed of what data we hold and the purpose for collecting and processing the data. You may also obtain your data in a portable manner so that you can reuse the information we hold about you.

    You will not have to pay a fee to access your personal data unless your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

    Feedback

    Totaltrucklist.com has an area on the site where you can submit feedback. Any feedback that is submitted through this area becomes the property of Totaltrucklist.com. We may use this feedback, such as success stories, for marketing purposes, or to contact you for further feedback on the site.

    Children

    We do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, do not enter information on this site or engage our services. If you believe a child of yours under the age of 18 has entered personal information please contact info@totaltrucklist.com. to have the data removed and terminate the account.

    Terms of Use

    THE TERMS, CONDITIONS AND NOTICES BELOW WILL GOVERN YOUR USE OF TOTAL TRUCK LIST INCORPORATED NETWORK. THEY ALSO PROVIDE NOTICE OF SOME OF TOTALTRUCKLIST.COM POLICIES. PLEASE READ THEM CAREFULLY!

    The Total Truck List, LLC. Network is offered to you, the user, only conditioned on your acceptance without modification of the terms, conditions and notices contained herein. “Network” also refers to all information, text and visual images, software, products and services used or available via the Network. Any and all rights not expressly granted in these Terms, Conditions and Notices (collectively, these “Terms”) are reserved by Total Truck List, LLC., reserves the right to change these Terms, at its sole discretion, at any time or from time to time. Your use of the Network means that you’ve read all of these Terms and agree to them. For further information relating to the legal issues contained in these Terms or problem reports regarding this service, please email us or call Total Truck List, LLC. at 509-202-4365

    General, Trademarks, Copyrights

    Total Truck List, LLC., a member of the Pierce Family of Companies, is the owner of all intellectual property rights (including copyrights) in the Total Truck List, LLC. Network. Material published by Total Truck List, LLC. on this Network may contain other proprietary notices or describe products, services, processes or technologies owned by Total Truck List, LLC. or third parties. Nothing in these Terms or in the Network shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Total Truck List, LLC. or any third party, except as expressly set forth herein.

    The deletion or alteration of any copyright or other proprietary notices from the Network is strictly forbidden.

    “Total Truck List,” “Totaltrucklist.com” and certain other names or logos are trademarks of Total Truck List, LLC., and all related product and service names, design marks and slogans are the trademarks or service marks of Total Truck List, LLC. All other product and service marks contained herein are the trademarks of their respective owners. The “look” and “feel” of Total Truck List, LLC.’s site (including color combinations, button shapes, layout, design and all other graphical elements) are also Total Truck List, LLC.’s trademarks or copyrights.

    All editorial content and graphics on this site, as well as the HTML and other computer programs used to generate pages, and the Website are protected by U.S. copyright laws and international treaties and may not be copied without the express permission of Total Truck List, LLC., which reserves all rights. Re-use of any of Total Truck List, LLC.’s editorial content and graphics for any purpose is strictly prohibited without Total Truck List, LLC.’s prior written permission. Please direct any requests for permission to info@totaltrucklist.com.

    Please be aware that the information, software, products and services published on this Network may include inaccuracies, typographical errors or out-of-date information. Changes are made and items added to the Network and the information on it from time to time. Total Truck List, LLC. may make such changes or additions at any time at its sole discretion. Other Parties.

    This Network may contain hyperlinks or other connections to Web sites operated by parties other than Total Truck List, LLC., including but not limited to those of the Total Truck List, LLC. Member companies and agencies or its advertisers (individually or collectively, as the case may be, “Members”). Total Truck List, LLC. does not control these Web sites and is not responsible for them, including for their availability, content or any viruses accessed through them. Total Truck List, LLC.’s inclusion of hyperlinks, distribution of listings or other connections to such Web sites does not imply any endorsement of the material on them or any association with their owners or operators.

    Total Truck List, LLC. takes no responsibility whatsoever for the activities of buyers or Total Truck List, LLC. Member dealers and Network Partners or those Members’ respective business practices (or any of the information posted or downloaded by them on the Network). Nothing on the Network shall be deemed to be an endorsement, representation or warranty with respect to any Member, applicant or other third party, whether in regard to its Web site, products, services or otherwise.

    Your Use and Limited License

    The Total Truck List, LLC. Network is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Network, the Total Truck List, LLC. Website as a whole software, products or services obtained from or available as part of or in conjunction with this Network. You are granted a non-exclusive, non-assignable and non-transferable license to use the Network only under these terms and conditions of use.

    This license is not a sale of any of the owner’s rights. Only you may use the Total Truck List, LLC. Network, and you may not rent, lease, lend, sub-license or transfer the Network or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Network. You may not transfer to or store any data residing or exchanged over the Total Truck List, LLC. Network in any electronic network for use by more than one user unless you obtain prior written permission from Total Truck List, LLC.

    Your Responsibilities

    The Total Truck List, LLC. site may be used only for lawful purposes by individuals or companies seeking to purchase equipment and related items and individuals or companies seeking to sell equipment and related items. As one of the conditions of your use of the and related items Network, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Network for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls). If it is discovered that you are using the Totaltrucklist.com site for prohibited or non-permitted activities your account may be shut down, monitored or shared with law enforcement without notice to you. It is YOUR RESPONSIBILITY to ensure that your use of the Network complies with these terms, conditions and notices and to seek prior written permission from Total Truck List, LLC. for any uses not permitted or not expressly specified herein.

    Specific Prohibited Use

    In connection with your use of the Total Truck List, LLC. Network, you will not

    1. Transmit any message, information, data, text, software or images, or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable that may invade another’s right of privacy or publicity.
    2. Impersonate any person or entity, including but not limited to, an Total Truck List, LLC. official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity.
    3. Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements).
    4. Post or transmit any Content that contains a virus or corrupted data.
    5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature.
    6. Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text).
    7. Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or any non-equipment information such as opinions or notices, commercial or otherwise.
    8. Violate any applicable local, state, national or international law.
    9. Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.
    10. You may not upload images, videos or other content containing nudity or offering for sale services related to dating, escort services or prostitution.
    11. Respond to any equipment listing on the Network for any reason other than to inquire about that piece of equipment or seller. Communications soliciting the seller’s business by our competitors are strictly prohibited.
    12. Delete or revise any material posted by any other person or entity.
    13. Unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and companies are prohibited.
    14. Modify or attempt to modify any material posted by any other person or entity.
    15. Attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers.
    16. Uploading, posting, emailing, or transmitting the same message, URL, or equipment listing multiple times.


    Anti-Spam Policy

    Some Total Truck List, LLC. products include email hosting services. Use of such email hosting accounts and services prohibits the spamming and unethical marketing activities, including, but not limited to:

    1. Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through our computer systems. Your email’s “From,” “To,” and routing information – including the originating domain name and email address – must be accurate and identify the person who initiated the email.
    2. Using or causing to be used our computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, “junk mail,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
    3. The subject line cannot mislead or deceive the recipient about the contents or subject matter of the message.
    4. Any marketing- or sales-based email sent to multiple recipients must give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a “menu” of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, you must comply with the CAN-SPAM Act and other applicable laws governing the use, removal and sending of commercial email. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it’s illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.
    5. 5. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.

    For more information regarding your responsibilities regarding spam and the CAN-SPAM Act of 2003, visit the U.S. Federal Trade Commission website at http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm. Additional consumer spam information can be found at http://www.ftc.gov/spam/.

    Use of our email servers is subject to monitoring and abuse prevention as described in this section and below in the section “Monitoring.”

    Web Site Security Rules

    Users are prohibited from violating or attempting to violate the security of Total Truck List, LLC., including, without limitation, (i) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a Network or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing”, or (iv) sending unsolicited e-mail, including promotions or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

    Violations of Network or network security may result in civil or criminal liability. Total Truck List, LLC. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.



    Your Grants

    By submitting (e.g., uploading) Content to the Network, you automatically grant Total Truck List, LLC. the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify (to comport with the Network), adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. In addition, you warrant that all so-called “moral rights” in the Content have been waived. Total Truck List, LLC. and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Network. Without limiting the foregoing, Total Truck List, LLC. and its designees shall have the right to remove any Content that violates these Terms or are otherwise objectionable. You agree to indemnify and hold Total Truck List, LLC. harmless from any third party claim, damages or demand, including reasonable attorneys’ fees, relating to or arising out of your violation of these Terms, your representations and warranties, or your violation of any rights of another.

    Monitoring

    Total Truck List, LLC. is under no obligation to monitor the information residing on or transmitted via this Network. However, you agree that Total Truck List, LLC. may monitor the Network Contents to (1) comply with any applicable laws, regulations or other governmental requests; (2) operate the Network properly or to protect itself and its users and Members; (3) enforce our anti-spam policy and prevent unauthorized use of our email servers; we will not monitor the content of individual emails, but will monitor the usage patterns for purposes of enforcing our anti-spam policy; (4) enhance or provide services on Totaltrucklist.com and to third party companies providing services in connection with Totaltrucklist.com; and (5) for such other purposes as it may deem reasonably necessary or appropriate from time to time. Total Truck List, LLC. reserves the right to modify, reject or eliminate any information residing on or transmitted to its Network that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.

    Disclaimer of Liability

    TOTAL TRUCK LIST, LLC. IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION GIVEN OR DISCLOSED BY Total Truck List, LLC. OR ON OR THROUGH THE TOTAL TRUCK LIST, LLC. NETWORK. ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT THERETO ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL TOTAL TRUCK LIST, LLC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE TOTAL TRUCK LIST, LLC. NETWORK, INFORMATION OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE SAME (OR ANY LINKED SITE), OR FOR ANY INFORMATION OBTAINED FROM TOTAL TRUCK LIST, LLC., THROUGH THE TOTAL TRUCK LIST, LLC. NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE TOTAL TRUCK LIST, LLC. NETWORK OR INFORMATION, THE INTERNET GENERALLY, OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF TOTAL TRUCK LIST, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, EXCEPT TO THE EXTENT INJURY IS CAUSED BY THE DELIBERATE OR GROSSLY NEGLIGENT CONDUCT OF TOTAL TRUCK LIST, LLC. OR ITS PERSONNEL. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN TOTAL TRUCK LIST, LLC. MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT OF THE CHARGES BILLED BY TOTAL TRUCK LIST, LLC. TO THE CLAIMANT DURING THE MONTH OR MONTHS SUCH DAMAGES WERE INCURRED. SPECIFICALLY, AND WITHOUT LIMITING THE SCOPE OF THE OTHER LANGUAGE IN THIS PARAGRAPH, BECAUSE OF THE INHERENT UNPREDICTABILITY AND VARIABILITY OF VARIOUS COMPUTERS AND SYSTEMS, TOTAL TRUCK LIST, LLC. CANNOT CONTROL THEIR PERFORMANCE, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE OPERATION OR NON OPERATION OF COMPUTERS AND SYSTEMS OF USERS OF THE TOTAL TRUCK LIST, LLC. NETWORK AND INFORMATION FROM TOTAL TRUCK LIST, LLC.; THAT IS, IF YOUR SYSTEM OR ANY PART THEREOF FAILS FOR ANY REASON, REPAIR OF THE SAME AND RESPONSIBILITY FOR ANY RESULTING INJURY LIES SOLELY WITH YOU, AND NOT TOTAL TRUCK LIST, LLC.. AS USED IN THIS PARAGRAPH, THE FOLLOWING TERMS HAVE THESE MEANINGS: “INFORMATION” MEANS ANY INFORMATION, MATERIAL, APPARATUS, PRODUCT, ADVICE, SOFTWARE, SERVICE OR PROCESS; “TOTAL TRUCK LIST, LLC.” MEANS TOTAL TRUCK LIST, LLC.; “TOTAL TRUCK LIST, LLC. NETWORK” MEANS ALL SYSTEMS, SERVICES AND WEBSITES (INCLUDING BUT NOT LIMITED TO ALL PARTS THEREOF, LINKS PROVIDED THEREIN, CONTENT OF LINKED SITES, AND WEBSITE HOSTING) CREATED OR PROVIDED BY TOTAL TRUCK LIST, LLC.

    Miscellaneous

    You agree that no joint venture, partnership, employment or agency relationship exists between you and Total Truck List, LLC. (or any of Total Truck List, LLC.’s Members) as a result of this agreement or your use of this Network.

    Total Truck List, LLC.’s performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in them will diminish Total Truck List, LLC.’s right to comply with law enforcement requests or requirements relating to your use of the Network or information provided to or gathered by Total Truck List, LLC. with respect to such use.

    Agreement

    These terms represent the entire binding agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Total Truck List, LLC., its Network or the information thereon. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Certain Rights & Obligations; Modification

    Total Truck List, LLC. shall have the right to terminate your ability to access this service at any time without notice and to discontinue or modify any of the information contained on this service, or the service, at any time. Total Truck List, LLC. shall have the right to modify these terms and conditions at any time. The user may not assign any part of this Agreement without Total Truck List, LLC.’s prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.

    Enforcement and Interpretation

    These terms shall be governed by the internal laws of the state of Texas in the United States of America and relevant federal laws of the United States of America, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Travis County, Texas, U.S.A. Use of this Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Notwithstanding the foregoing sentence, these terms shall be severable and construed to the extent of their enforceability in light of the parties’ mutual intent if deemed at all unenforceable by a competent court. Given the nature of these terms, you understand and agree that, in addition to money damages, Total Truck List, LLC. will be entitled to equitable relief upon a breach of them by you.

    Payment for Products and Services

    Total Truck List, LLC. offers products and services. The products and services may or may not be browser-based web applications. Products or services that require payment include: items (“listings”) that are offered for sale or auction to other Total Truck List, LLC. customers and website viewers, enhanced listings, and Inventory Mover™, website banner advertisements, enhanced lead services and other products or services that Total Truck List, LLC. may offer for sale from time to time. By entering into this agreement, you give Total Truck List, LLC. the right to make charges against the credit card you have entered as payment for the selected products and services. Total Truck List, LLC will charge this card based on the product you have purchased, including possibly the Inventory Mover™ subscription term you have selected as follows:

    1. All subscribers can see the term of their subscriptions or services in their user account dashboard. Whenever applicable Total Truck List, LLC. will send an email reminder ten days prior to the expiration of their Inventory Mover™ subscription. It is the customer’s responsibility to maintain an up to date email address and to whitelist Total Truck List, LLC. emails in order better guarantee delivery of such notices.
    2. Total Truck List, LLC. is under no obligation to give refunds for products or services purchased with a credit card. Under normal circumstances, products or services ordered will be provided until the end of the term purchased.
    3. Subscription packages in the Inventory Mover™ Standard Dealer program may not be changed during the effective term of subscription (i.e. a subscriber cannot change from 3 months to 6 months during the current subscription). Changes to the length of subscription are allowed at renewal and require the subscriber to make the change in the user’s online administrative area or contact Total Truck List, LLC. to request the change.
    4. 4. The exception to this condition is in the case of a Standard Package subscriber moving to an Inventory Mover™ Premium or Elite Package. For details on this contact a Total Truck List, LLC. sales representative. For a description of the features and functionality included in each of the Total Truck List, LLC. product offerings, visit the Total Truck List, LLC. website at totaltrucklist.com.