Terms of Service

Last Updated: 5/25/2018

These Terms of Service, including any Guidelines and future modifications (collectively the "Terms of Service" or "Agreement") govern your use of bigrigcentral.com and is a legal contract between you and bigrigcentral.com.

By registering with us or using or browsing our web site, bigrigcentral.com, you acknowledge that you have read, understood, and agree to be bound by this bigrigcentral.com Agreement.

If you do not agree to these terms, you can stop using bigrigcentral.com at any time.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Privacy Policy / Terms of Service.

BigRigCentral.com is not directed to children younger than 18 and is offered only to users 18 years of age or older. If you are under 18 years old, please do not use the BigRigCentral.com. Any person who provides their personal information through the BigRigCentral.com represents to us that they are 18 years of age or older.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service.

Additionally, BigRigCentral.com may provide hyperlinks on Networks, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). The inclusion of Third Party Site Links  does not imply BigRigCentral.com endorsement of the linked site, their business practices (including their privacy policies) or any information therein.

BigRigCentral.com expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the BigRigCentral.com. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

Representations and Warranties.

You hereby represent and warrant to BigRigCentral.com that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of BigRigCentral.com; (b) you have the right to grant to BigRigCentral.com the rights granted herein and you own or have all necessary rights, title and interest in and to Your Code and Your Content; (c) Your Code and Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Code, Your Content or Your Network contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with BigRigCentral.com.

Copyright Infringement/Digital Millennium Copyright Act Compliance

It is BigRigCentral.com's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). For more information, please go to BigRigCentral.com's DMCA Notification Guidelines. BigRigCentral.com may remove any allegedly infringing Network Code or Content without any liability to you.  

Disclaimer of Warranties

YOUR USE OF THE BIGRIGCENTRAL.COM and THIRD PARTY SOFTWARE AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. BIGRIGCENTRAL.COM CONTENT, THIRD PARTY SOFTWARE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIGRIGCENTRAL.COM AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. BIGRIGCENTRAL.COM  AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE BIGRIGCENTRAL.COM  PLATFORM, OR ANY NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BIGRIGCENTRAL.COM OR THE SERVER THAT MAKES BIGRIGCENTRAL.COM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIGRIGCENTRAL.COM MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON BIGRIGCENTRAL.COM  OR YOUR NETWORK (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR NETWORK OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY CODE WITH ANY BIGRIGCENTRAL.COM TECHNOLOGY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BIGRIGCENTRAL.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIGRIGCENTRAL.COM OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM  BIGRIGCENTRAL.COM  SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Indemnity:
You agree to indemnify, defend, and hold harmless BIGRIGCENTRAL.COM and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:

Your Code, Your Content or Your Network; Your use of any Third Party Applications; Your use or misuse of, or connection to, BIGRIGCENTRAL.COM; Your breach or alleged breach of this Agreement; Your violation of any rights (including intellectual property rights) of a third party; Your use or misuse of any BIGRIGCENTRAL.COM data including, in violation of the BIGRIGCENTRAL.COM  Privacy Policy and Your breach or alleged breach of any agreement or policy between you and other Users. BIGRIGCENTRAL.COM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BIGRIGCENTRAL.COM. BIGRIGCENTRAL.COM will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Your Interactions with Other Users:

Your interactions with other BIGRIGCENTRAL.COM  including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party, BIGRIGCENTRAL.COM  is under no obligation to become involved. You release BIGRIGCENTRAL.COM, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Limitation of Liability:

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL BIGRIGCENTRAL.COM OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BIGRIGCENTRAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE NING PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO BIGRIGCENTRAL.COM BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN BIGRIGCENTRAL.COM  (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON BIGRIGCENTRAL.COM  OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Changes to BIGRIGCENTRAL.COM

BIGRIGCENTRAL.COM reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing any part of BIGRIGCENTRAL.COM thereof with or without notice. BIGRIGCENTRAL.COM will not be liable to you or to any third party for any modification, suspension or discontinuance of BIGRIGCENTRAL.COM.

Amendments to BIGRIGCENTRAL.COM 

BIGRIGCENTRAL.COM may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.bigrigcentral.com or elsewhere on the BIGRIGCENTRAL.COM. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of BIGRIGCENTRAL.COM after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing BIGRIGCENTRAL.COM USER 30 days after the material changes are initially posted to www.bigrigcentral.com. The revised version will apply to you immediately if you are a first time User to BIGRIGCENTRAL.COM on or after the posting of the revised version.

Term and Termination

This Agreement shall remain in full force and effect unless and until your use is terminated. You may terminate your use of BIGRIGCENTRAL.COM at any time without notice.

Termination BigRigCentral.com has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use BIGRIGCENTRAL.COM, (ii) remove and discard any Network Code or Content within BigRigCentral.com or (iii) shut down BIGRIGCENTRAL.COM, with or without notice, and with no liability of any kind to you. If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

Effects of Terminating

Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Code, Your Content. BigRigCentral.com will not have any obligation to assist you in migrating your data, Your Content, Your Code or Your Network(s) off of BigRigCentral.com.
BIGRIGCENTRAL.COM  does not keep any back-up of any of Your Content. BigRigCentral.com is not responsible for deleting Your Code, Network Code or Content on your behalf.

Note that, even if Your Code, Network Code or Content is deleted from BigRigCentral.com's active servers, it may remain in BIGRIGCENTRAL.COM 's archives (but BigRigCentral.com has no obligation to archive or back-up Your Code or such Network Code or Content), and subject to the licenses set forth in this Agreement.

Survival
The following Sections will survive termination of these Terms of Service for any reason: Sections 1-10, 12-19, 22-28.

Governing Law; Venue This Agreement shall be governed by the laws of the State of Texas without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Bexar County, Texas for the purpose of litigating all such claims or disputes.

Relationship of the Parties:

The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that BigRigCentral.com has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

United States Export Controls:

You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from BigRigCentral.com under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, BigRigCentral.com from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

No Third Party Beneficiaries:
The parties specifically disavow any desire or intention to create a "third party" beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.

General:

The failure of BigRigCentral.com to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. BigRigCentral.com may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.This Agreement, which incorporates the BigRigCentral.com Privacy Policy and the Guidelines, constitutes the entire agreement between you and BigRigCentral.com  and governs your use of BigRigCentral.com, superseding any prior agreements (whether written or oral) between you and BigRigCentral.com regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.

The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it. BigRigCentral.com may provide you with notices, including those regarding changes to this Agreement or any of BigRigCentral.com's terms and conditions, by email, regular mail, or postings on the bigrigcentral website. Notice will be deemed given twenty-four (24) hours after email is sent, unless BigRigCentral.com has previously been notified that the email address is invalid. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to BIGRIGCENTRAL.COM ) are deemed given two (2) days following the initial posting.

Contacting BigRigCentral.com 

You may contact bigrigcentral.com in the following ways:

E-Mail: info@bigrigcentral.com

Postal: BigRigCentral.com 3030 Shane Road San Antonio, TX 78223

We welcome your feedback on this document and thank you for using BigRigCentral.com.