Terms of use


12 April 2019

1. Service, Registration, De-Registration

1.1  Truckparking LLC, 1530 Wilson Blvd., Suite 510, 1530 Wilson Blvd., Suite 510 Arlington, VA 22209 (“TPU”), operates the "Truck Parking USA” service, which enables users to exchange experiences they have had with regard to parking lots, gas stations and truck rest stops in certain regions, as well as to make reservations of parking spaces (the "service"). The service can be used via a website or an app, which the user can download from various app stores.

1.2     Entering information regarding the service requires the registration of the user. Upon registration, the user is provided with an account. The user can access the account via access data or a social media login of his/her choosing. Registration is only possible if the user has agreed to these Terms of Use.

1.3     The use of the service is free for the user. TPU does not assume any contractual obligation by providing the service or the app regarding their functions or contents, temporarily or permanently, or to continue to provide or maintain the service or app. The user can terminate the use of the service at any time and delete his/her account.

1.4     TPU expressly points out that the service does not contain a full database of parking and rest facilities within the respective regions. The information provided via the service is largely based on user information and is not verified or updated by TPU.

1.5     TPU further points out, that the information provided via the service, with respect to available parking spaces, is based on information given by the respective providers, and is not verified or updated by TPU. TPU is not responsible for this information. All rights and obligations arising from a contract for the reservation of parking spaces, solely involves the respective user and the respective provider of the relevant parking space.

1.6     TPU also points out that this service contains links to third-party websites ("external links"). These external links are subject to the liability of the respective operators. During the initial linking of the external links, TPU verified the link was accurate and linked to the specified external link. However, TPU has no influence whatsoever on the current and future design and content of the linked pages, its legal compliance, views or opinions. Placing external links does not imply that TPU includes the content referred to, or the content contained in third party link, as its own. TPU does not continuous inspection external links. However, should TPU receive concrete information, that an infringement exists, such external links will be deleted without delay.

1.7       The website and app are protected by copyright and other Intellectual Property Rights that are owned or controlled by TPU or the credited party, unless federal or other applicable law requires otherwise (such as for court proceedings and governmental reports). “Intellectual Property Rights” means the rights relating to anything customarily considered intellectual property, including patents, inventions, trademarks, service marks, brands, logos, corporate names, know-how and trade secrets, copyrights, designs and software.

1.8       As part of creating an account or submitting information, you will create login identification and a password. You may also be asked to provide information to be used for security or identification purposes. This information must be accurate and you are obligated to keep it up to date. You are not allowed to share your account information with anyone else. TPU may terminate your use of the website, app or service if you share your account information.

1.9 You are responsible for maintaining account information confidential. Failure to comply with the foregoing shall constitute a breach of these Terms of Use, which may result in immediate suspense or termination of your account.

1.10 You may not (i) select or use account information of another person with the intent to impersonate that person; (ii) use account information in which another person has rights without that person written (including electronic) authorization or (iii) use account information we, in our sole discretion, deem offensive or otherwise inappropriate.

1.11 Notify info@truckparkingusa.com if you know of or suspect unauthorized use of your account or any known or suspected breach of security.

1.12 You must be 18 years or older to use the service.

1.13 You are responsible for all use and activity on your account, including use by any third party authorized by you to use your login credentials. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your use of the App and, at our sole discretion, we may refer you to appropriate law enforcement agencies.
 

2. Use of the Service

2.1     The use of the service is permissible only within the scope of the proposed function. The user may not use any software or any other technical equipment, that alters or endangers the functioning of the service. Access to the service is only allowed through the app or the internet portal (https://app.truckparkingusa.com/) provided by TPU.

2.2     The user warrants that all content and information he/she has set or otherwise posted, are consistent with relevant laws and is not any of the following, each of which is prohibited:

  • discriminatory, racist, violent, demeaning to people or their rights,
  • likely to incite people to commit criminal offenses, or endorse such offenses,
  • contain pornography,
  • infringe the protection of minors, or
  • violate the rights of TPU or third parties.

2.3     The user may only use the app or the internet portal to access the service for his/her own purposes. All rights to the service, the app and the internet portal are reserved by TPU.

2.4     The user may not disclose his/her access data to the service to third parties, nor allow third parties to access the service.

2.5     TPU reserves the right to reject or delete the user's inputs, without stating any reasons or providing any notice.

2.6       The user understands and agrees that the website, app and service include advertising materials that are a regular part of the website, app and service.

2.7       The website, app and service are provided “as is.” TPU does not warrant the website, app and service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies. TPU disclaims to the maximum extent permitted by law any and all such representations and warranties. Without limitation of the generality of the previous sentence, TPU disclaims to the maximum extent permitted by law any and all (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any intellectual property rights, (c) warranties relating to the transmission or delivery of app, (d) warranties relating to the accuracy, reliability, correctness, timeliness or completeness of data on the website, app and service. There is no warranty that the website, app and service will meet your needs or requirements or the needs or requirements of any other person.

 

3. Content Rights

3.1     If the user inputs information into the service that is legally protected, but which is not personal data, the user grants TPU the spatial and content rights in perpetuity, unrestricted and free of charge, to publish this information within its service, in particular

  • to store this content on a TPU server, or on behalf of TPU at a third-party location;
  • to publish the content on the Internet and within the app;
  • to edit and reproduce the contents to the extent necessary for the operation of the service;
  • to use of this content is in anonymized form, according to paragraph 3.2 for possible use within other services and applications.

3.2     The user warrants that he/she owns the rights of such information, so as to legally license the transfer of the relevant information.

3.3     The granting of legal rights pursuant to the relevant paragraph 3.1 also includes the right of TPU, to further use the legally protected information for other paid and free services offered by TPU and its affiliates. The user has the right to object to this additional use. The user can declare his/her objection via e-mail using the following e-mail address: info@truckparkingusa.com. You may request that TPU to withhold this information from associated co-operation partners and other third parties, for both non-commercial and/or commercial use and publication, even if the you have previously given consent to TPU. The granting of this consent is voluntary and is not a prerequisite for the use of the service.
 

4. Privacy Policy and Data Protection

4.1     TPU operates the service in accordance with the provisions of applicable data protection and information privacy laws and regulations. If the user submits personal data during the registration process, these are processed solely for the provision of the service, unless the user undertakes reservations for parking spaces via the service (cf. para.) 4.2). TPU deletes this data when the user or TPU deletes/de-registers his/her user account, unless TPU is obligated to retain these in accordance with statutory regulations.

4.2     TPU will only pass on personal data to third parties if

  • the user has agreed to the transfer of this data for the purpose of making a parking reservation;
  • or TPU is obliged to do so in accordance with statutory regulations.

4.3     Prior to the transfer of data/disclosure of information, the data is cleaned of all personal information, except for the user name, in accordance with para. 3.3. Users who do not wish to assign their name to their information are obliged to choose a user name with no personal reference.

4.4       These Terms of Use and the use of the service and the app are subject to the Privacy Statement available at [https://truckparkingusa.com/privacy-statement/].
 

5. Compensation for Damages and Expenses

5.1       Limitation of Liability. In no event will TPU, its affiliates or their respective licensors, service providers, employees, agents, owners, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, app or service, any websites linked to it, any content on the website or app or such other websites or any services or items obtained through the website, app or such other websites, 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.

5.2       Indemnification. You agree to defend, indemnify and hold harmless TPU, its affiliates, licensors and service providers, and its and their 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 of Use or your use of the website or app, including, but not limited to, any use of the website's or app’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the website, app or service. 
 

6. Jurisdiction

These Terms of Use and the parties’ relationship shall be governed by and construed in accordance with the laws of the State of New York notwithstanding any conflict of law rules. The parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New York County, New York, United States.
 

7. Conclusion

Insofar as written declarations may be required in accordance with these conditions of participation, e-mails and faxes are deemed a satisfactory and legal means of written consent. The user's written declarations are to be sent to: info@truckparkingusa.com.