TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE AND OUR SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SERVICES. THESE TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF DATA OF ACCEPTANCE.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement ("TOS") is a legally binding agreement that will govern the relationship with our users and others which may interact with TFM Group, Inc., located at 714 Enterprise Dr., Ste. 104, Oakbrook, Illinois 60523.
DESCRIPTION OF SERVICES AND PRODUCTS OFFERED
The TFM Group Services is the electronic data logging solution the use of which in accordance with the existing legislation is users’ sole responsibility.
- The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which will include mobile applications are the sole property of TFM Group, Inc.. At its discretion, TFM Group, Inc. may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. TFM Group, Inc. does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that TFM Group, Inc. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
- Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such TFM Group, Inc. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
- All devices obtained from TFM Group, Inc. are considered to be leased. TFM Group, Inc. remains the sole owner of any of its sold equipment including but not limited to hardware, software and firmware products. By purchasing a device from TFM Group, Inc. you agree to pay full lease amount in advance. Such lease is considered in affect for 12 months after purchase date or up until service is canceled. Within 30 days of service cancellation client agrees to return all of the leased equipment back to TFM Group, Inc.
- The TFM Group, Inc. sells ELD devices along with the 12 (twelve) month warranty. Installed devices cannot be returned and payments for installed devices are non-refundable.
- Monthly payments are based on number of active drivers on first day of each month. $30/Active driver fee will be applied. All additionally activated drivers during the month will be charged on next month’s invoice.
- Payments for cables, splitters are non-refundable.
- Payments for monthly payments are non-refundable.
To register and become a "user" of the Services, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving TFM Group’s Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, TFM Group, INC may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with TFM Group, INC and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to: furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, TFM Group, Inc. will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of TFM Group, Inc. Services, or any portion thereof.
Every member’s registration data and various other personal information are strictly protected by the TFM Group, Inc. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by TFM Group, Inc. and/or our subsidiaries and affiliates. The Receiving Party agrees to use the Confidential Information solely in connection with the current or contemplated business relationship between the parties and not for any purpose other than as authorized by this Agreement without the prior written consent of an authorized representative of the Disclosing Party. Notwithstanding anything in the foregoing to the contrary, the Receiving Party may disclose Confidential Information pursuant to any governmental, judicial, or administrative order, subpoena, discovery request, regulatory request or similar method.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify TFM Group, Inc. immediately if you notice any unauthorized access or use of your account or password or any other breach of security. TFM Group, Inc. shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
The primary purpose of the Software and Service is for a carrier to track its units. By logging into the Software, you authorize TFM Group to access your location and report it in the Service. You agree and acknowledge that (1) location data TFM Group collects from you is directly relevant to your use of the Software and Service and (2) TFM Group may, for so long as your drivers allow, provide drivers locations to the Service so that they may be monitored by you, as the carrier. If you choose to disable the Software, you will not be able to effectively use the Service. PLEASE BE AWARE OF THE FACT THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE AND TFM Group DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION DATA. If you provide data about equipment or loads, including but not limited to source and destination, contract rate, lane usage, and equipment type, you agree TFM Group may use that data for any analytical purposes to improve the Software and Service. If you use the Software outside the United States, you expressly consent to the transfer and processing of your data outside that jurisdiction.
[TFM ELD] application needs to use background location as this is a requirement of Federal Motor Carrier Safety Administration (FMCSA) Electronic Logging Device (ELD) mandate. We must satisfy FMCSA’s minimal requirements including collecting and recording the exact geolocation. Due to the fact that TFM ELD application is a tool used by drivers throughout the day (shift), drivers periodically lock and minimize the application on their tablets/phones and we must continue to track their location in the background. This is one of the main requirements of the mandate as geolocation must be recorded and shown during specific events such as but not limited to Driving, Intermediate Location, On/Off duty statuses.
It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by TFM Group, INC.
TFM Group, Inc. herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
TFM Group, Inc. herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
- compliance with any legal process;
- enforcement of the TOS;
- responding to any claim that therein contained content is in violation of the rights of any third party;
- responding to requests for customer service; or protecting the rights, property or the personal safety of TFM Group, Inc., its visitors, users and members, including the general public.
TFM Group, Inc. herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by TFM Group, Inc. or any other content providers supplying content services to TFM Group, Inc.. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, reverse-engineering, duplication, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
All users and/or members herein agree to insure and hold TFM Group, Inc., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of TFM Group, INC Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to TFM Group’s, INC sites or technology.
TFM Group, Inc. shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Either TFM Group, Inc., or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that TFM Group, Inc., shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that TFM Group, Inc.’s Services and any essential software that may be used in connection with our Services ("Solution") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by TFM Group, Inc. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on TFM Group, Inc. Services (Solution), in whole or part.
TFM Group, Inc. herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the Solution on multiple mobile devices, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Solution. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Solution, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by TFM Group, Inc. for use in accessing our Services.
Upon acceptance of TOS, you agree that the monthly charges for TFM Group, Inc. services shall be paid in advance each month and shall be due on the 5th (Fifth) Business Day of each said month. Upon acceptance of TOS you authorize TFM Group Inc. to bill your Payment Method in advance on a monthly basis in accordance with such terms. With regards to pricing, in the event of a conflict between these Terms and Monthly Invoice, please contact email@example.com
Billing Arrangement. By choosing to use TFM Group, INC Services, you agree to pay us, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, to bill your Payment Method. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If your payment is not received within the First Five Business Days of the month, TFM Group, Inc. retains the right to suspend or terminate services.
Recurring Billing. WE WILL SUBMIT MONTHLY CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, EMAIL firstname.lastname@example.org or call us at 1-877-862-0020.
- Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Billing Disputes. If you dispute any charges you must let TFM Group, Inc. know within the First Five (5) Business days after the date that TFM Group, Inc. invoices you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. TFM Group, Inc. chooses to bill you through an invoice, in which case, full payment for invoices issued is due on the Fifth Business Day of a month.
- You are responsible to pay any and all taxes that we may be required to collect or pay based on providing the Services other than taxes based on our net income.
- Reaffirmation of Authorization. Your non-termination or continued use of any TFM Group, Inc. Service reaffirms that we are authorized to charge your Payment Method for the Services. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
As a user of http://www.tfmeld.com/, you may cancel or terminate your account, associated email address and/or access to our Services at any time by submitting a cancellation or termination request to email@example.com.
As a user, you agree that TFM Group, Inc. may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- failure to pay for Services within the First Five Business Days of the month;
- any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with your http://www.tfmeld.com/ account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, and/or access to any of our Services. The termination of your account with http://www.tfmeld.com/ shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered within http://www.tfmeld.com/, and mobile application;
- the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF TFM GROUP, INC. SOLUTION AND DEVICE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. TFM GROUP, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- TFM GROUP, INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT
- TFM GROUP, INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
- TFM GROUP, INC. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE TFM GROUP, INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
- QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND
- THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF TFM GROUP, INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM TFM GROUP, INC. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TFM GROUP, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OF THIS SOFTWARE IN ACCORDANCE WITH EXISTING LEGISLATION IS THE SOLE RESPONSIBILITY OF YOU.
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release TFM Group, Inc. (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. TFM Group, Inc content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. TFM Group, INC. and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
TFM Group, Inc. may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the TFM Group, Inc. trademarks, copyright, trade name, service marks, and other TFM Group, Inc. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of TFM Group, Inc. You herein agree not to display and/or use in any manner the TFM Group, Inc. logo or marks without obtaining TFM Group, Inc prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
TFM Group, Inc. will always respect the intellectual property of others, and we ask that all of our users do the same.
TFM Group, Inc. Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
TFM GROUP, Inc.
Attn: Copyright Agent
714 Enterprise Dr., Ste. 104
Oakbrook, Illinois 60523
This TOS constitutes the entire agreement between you and TFM Group, Inc. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to TFM Group, Inc. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other TFM Group, Inc. Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and TFM Group, Inc. with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and TFM Group, Inc., shall be filed within the courts having jurisdiction within the County of DuPage Illinois or the U.S. District Court located in said state. You and TFM Group, Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should TFM Group, Inc. fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to TFM Group, Inc. as follows:
TFM GROUP, Inc.
Attn: Copyright Agent
714 Enterprise dr., Oakbrook, Illinois 60523, Telephone: 1-877-862-0020, Email: firstname.lastname@example.org
- Information We Collect.
- Location-Based Data.
When you use the Software, we collect certain technical and routing information about your mobile device like the browser type, operating system, CPU speed, and Internet Protocol (“IP”) address of your originating Internet service provider. The App is primarily designed, however, to track driver location and load status as well as to allow shipping customers to see a status of their particular delivery. We use the IP address to track your use of the Service, including pages visited and time spent on each one. All of the information that is automatically submitted to us by your browser is considered anonymous information. To the extent that we share such information with third parties, it is not traceable to any particular user and will not be used to contact you.
- How We Use the Collected Information.
We collect personally identifiable information only for the purpose of displaying information about your specific unit to the fleet owner and shipping customers. When you submit personally identifiable information to us, you understand that you are agreeing to allow us to access, store and use that information for those purposes. We may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities. If we receive such a request, we will provide the requested information on receipt of the appropriate documentation, like a subpoena or court order. We may also release information to law enforcement agencies or other third parties if we feel it is necessary to protect the safety and welfare of our personnel. We do not share any of your personally identifiable information with anyone else but may share anonymous information with our advertising partners.
- Transfer of Customer Information.
Customer lists and information are considered assets of our business. If we merge with another entity or sell our assets to another entity, our customer lists and information, including personally identifiable information you have provided us, would be included among the assets that would be transferred.
By clicking accept, I declare the following:
- As the owner of a transportation company I am aware of all FMCSA regulations pertinent to my business.
- I adhere to all ELD requirements and other rules as stipulated by FMCSA
- TFM Group, Inc. does not supervise, audit or otherwise inspect my company’s compliance with FMCSA regulations and, therefore, TFM Group, Inc is not liable for any violations of FMCSA rules and regulations that might result from my company’s activities or omissions.