Any enquires regarding these Terms and Conditions should be by email to firstname.lastname@example.org or in writing to Trucker Tools LLC, P.O. Box 3309 Reston, Virginia, 20195. These Terms and Conditions are effective as of 08/25/2022 and may be amended from time to time in accordance with clause 4.
A reference to “we”, “us” or “our” is a reference to the Trucker Tools and reference to “you” or “your” is a reference to a “Member”.
Trucker Tools reserves the right, at any time, to change, modify or amend any part of the Program, the Eligible Transactions, and/or these Terms and Conditions, in our sole and exclusive discretion, for any or no reason. This right includes, but is not limited to:
(C) Suspension of Program
(B) Joining the Program
By becoming a Member of the Program, you acknowledge that participation in the Program is not mandatory in order to use the Trucker Tools Mobile App or utilize other services offered by Trucker Tools
Trucker Rewards Membership is not transferable.
(1) Suspension or Termination
Trucker Tools may at any time, in its sole and exclusive discretion, suspend or terminate a Membership immediately and without notice in the event that a Member:
A Member may at any time cancel his or her Membership by:
(3) Loss or damage as a result of the cancellation, or termination of Membership.
All TruckerPoints from the applicable Trucker Tools Account accumulated at the time of a cancellation, suspension or termination of a Membership are forfeited.
There will be no returns or exchanges for any items successfully purchased via the redemption of TruckerPoints through the Trucker Tools Mobile App.
During the Term, you will:
Trucker Tools Mobile App and the Program may display, contain links to, or connect with third-party products, services, and websites (collectively, “Third-Party Services”). Any statements, services, offers, or other information that constitutes part of the Third-Party Services made available by other users or other third parties on the Trucker Tools Mobile App or the Program, or which are accessible through or may be located using Trucker Tools Mobile App or the Program are those of the respective authors or producers and not of Trucker Tools or its stockholders, directors, officers, employees, agents, or representatives. Trucker Tools does not control Third-Party Services and does not guarantee the accuracy, integrity or quality of such Third-Party Services. Third-Party Services are governed solely by the terms and conditions of those Third-Party Services and Trucker Tools is not responsible for the performance of and does not endorse any Third-Party Services or any information or materials advertised in any Third-Party Services. These Third-Third Party Services may include those provided by Tango Card Inc. (“Tango Card”) and are subject to the Tango Card terms of service, available at https://www.tangocard.com/terms-of-service/, and the Tango Card Privacy Notice, available at https://www.tangocard.com/privacy-notice/. Trucker Tools is not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any Third-Party Services. It is your responsibility to evaluate the information, opinion, advice, or other services available on and through the Trucker Tools Mobile App and the Program.
You agree to defend, indemnify and hold harmless Trucker Tools, its affiliates, licensors and service providers, including Tango Card, and Trucker Tools’ respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your Membership in the Program, including, but not limited to, your use of the Trucker Tools Mobile App, Trucker Tools Website, or services and/or items received through the Program.
IN NO EVENT WILL TRUCKER TOOLS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, INCLUDING TANGO CARD, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROGRAM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE PROGRAM OR THE SERVICES AND/OR ITEMS REDEEMED THROUGH THE PROGRAM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Any and all matters arising out of or relating to the Program and/or the subject matter hereof shall be governed by, construed, and enforced in accordance with the laws of the United States of America and, to the extent not preempted by Federal law, the laws of the Commonwealth of Virginia without regard to conflict of law principles (other than those that would permit the application of Virginia law), regardless of the legal theory upon which such matter is asserted.
Any dispute, claim or controversy among the parties arising out of or relating to these Terms and Conditions, the Program, the Trucker Tools Mobile App, the Trucker Tools Website, or the services and/or items you redeem through the Program (“Dispute”) shall be finally resolved by and through binding arbitration in accordance with the Federal Arbitration Act to the exclusion of any other Federal, state or municipal law of arbitration. Both the foregoing agreement of the parties to arbitrate any and all Disputes, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction.
For any Dispute, the place of Arbitration shall be in Fairfax County, Virginia.
The cost of the arbitration proceeding, including, without limitation, each party’s attorneys’ fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.
RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. ANY DISPUTES YOU MAY HAVE AGAINST TRUCKER TOOLS, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS YOU HEREBY AGREE TO BIFURCATE AND ARBITRATE AGAINST THEM INDIVIDUALLY IN FAIRFAX COUNTY, VIRGINIA. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU AND TRUCKER TOOLS AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND TRUCKER TOOLS, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS. FURTHER, YOU WILL NOT HAVE THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE COURTS LOCATED IN FAIRFAX COUNTY, VIRGINIA, OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA.
WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION BE STRICKEN FROM THESE TERMS AND CONDITIONS OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION (OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THIS AGREEMENT AND INAPPLICABLE, AND ANY AND ALL DISPUTES SHALL PROCEED IN THE STATE COURTS LOCATED IN FAIRFAX COUNTY, VIRGINIA, OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT.
Trucker Tools will not be liable for any failure to perform or to comply with any provisions of these Terms and Conditions if that failure arises from any circumstance beyond their reasonable control including, without limitation, strikes or other labor disturbances, supply chain disruptions, Acts of God or the public enemy, piracy, war, riot, civil commotion, pandemic or other global communicable disease, acts of governmental agencies, earthquakes, storm, tempest, fire or lightning.
If a Member wishes to lodge a complaint, they must notify Trucker Tools in writing by emailing email@example.com. In the event of a dispute, the decision of Trucker Tools is final.
Trucker Tools is not responsible for any infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Trucker Tools, including that cause the delayed or non-delivery of emails to and from Trucker Tools. Trucker Tools reserves the right to disqualify any individual who tampers with the registration process and to cancel his or her Membership of the Trucker Rewards program.
No waiver by Trucker Tools of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Trucker Tools to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
In the event that any or any part of the terms contained in these Terms and Conditions shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such terms shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by the applicable law.
These Terms and Conditions set forth the entire agreement and understanding between the parties with respect to its subject matter and supersedes and merges all prior and contemporaneous oral and written agreements, discussions and understandings between the parties with respect to its subject matter. No modification or amendment to these Terms and Conditions will be binding upon Trucker Tools unless in a written instrument signed by a duly authorized representative of Trucker Tools or posted on the Trucker Tools Mobile App or Trucker Tools Website by Trucker Tools. Trucker Tools’ to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Trucker Tools does not guarantee we will take action against all breaches of these terms.
The Trucker Rewards program is operated by Trucker Tools, LLC, a Virginia limited liability company located at P.O. Box 3309, Reston, Virginia 20195. All feedback, comments, requests for technical support and other communications relating to the Trucker Rewards program should be directed to firstname.lastname@example.org.