The website located at www.BeyondTrucks.com, all services accessible thereon and any related mobile applications (collectively, the “Site”) is a copyrighted work belonging to BeyondTrucks Inc. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.

THESE TERMS OF USE (THESE “TERMS”) CONSTITUTE A LEGALLY BINDING AGREEMENT MADE BETWEEN YOU, WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY (“YOU” OR “YOUR”) AND BEYONDTRUCKS, INC., INCLUDING ITS AFFILIATES (“BEYONDTRUCKS”, THE “COMPANY”, “WE”, “US” OR “OUR”), CONCERNING YOUR ACCESS TO AND USE OF OUR SITE, APPLICATIONS SOFTWARE, SERVICES, PROFESSIONAL SERVICES, MONEY MOVEMENT SERVICES (AS DEFINED BELOW), PAYROLL PROCESSING SERVICES (AS DEFINED BELOW), AS WELL AS ANY MEDIA, INFORMATION, OR CONTENT MADE AVAILABLE THEREIN, THEREFROM OR OTHERWISE RELATED TO OR CONNECTIONED THEREWITH (COLLECTIVELY, THE “SERVICES”). BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. YOU AGREE THAT BY ACCESSING AND USING THE SITE AND SERVICES, YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE (THE “AGREEMENT”).

WE MAY MAKE CHANGES TO THIS AGREEMENT FROM TIME TO TIME, AND WE WILL ALERT YOU ABOUT ANY CHANGES BY UPDATING THE “LAST UPDATED” DATE OF THIS AGREEMENT. WE WILL GIVE YOU NOT LESS THAT THIRTY (30) DAYS NOTICE OF ANY SUCH CHANGES AND AN OPPORTUNITY TO OPT-OUT BY SENDING AN EMAIL TO support@BeyondTrucks.com. IF YOU CONTINUE TO USE THE SERVICES FOLLOWING SUCH THIRTY (30) DAYS NOTICE, YOU WILL HAVE AGREED TO SUCH CHANGES AND WILL BE BOUND BY THEM. IF YOU OPT-OUT OF SUCH CHANGES, OUR LEGAL AGREEMENT WILL CONTINUE TO BE BOUND BY THE LAST VERSION OF THESE TERMS OF SERVICE THAT YOU ACCEPTED, SUBJECT TO OUR MUTUAL RIGHTS TO DISCONTINUE OUR CONTRACTUAL RELATIONSHIP.

THE INFORMATION PROVIDED ON AND THROUGH THE SERVICES IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT US TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY. ACCORDINGLY, THOSE PERSONS WHO CHOOSE TO ACCESS THE SERVICES FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE SOLELY RESPONSIBLE FOR COMPLIANCES WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.

1.  Accounts

1.1  Account Creation.  In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 5.

1.2  Account Responsibilities.  You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2.  Access to the Site

2.1  License. Subject to these Terms, Company grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Site. You agree to provide any and all disclosures, consents and authorizations as may be requested from time to time by the Company or any Company Partner (as defined below) in connection with access to and use of the Site.

2.2  Certain Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

2.3  Modification.  Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

2.4  No Support or Maintenance. You acknowledge and agree that Company has no obligation to provide you with any support or maintenance in connection with the Site.

2.5  Ownership. Excluding any User Content (defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

2.6 Google Terms of Service.  By accessing and using the Site, you agree to be bound by all applicable Google Terms of Service, which can be found at here and here and may be modified without notice to you.

3.  Subscription Period; Professional Services; Add-On Services; Support

3.1  Free Trial; Subscription Period. . You may access and use the Services during a free trial (if applicable) and thereafter upon the successful processing of your payment until the period for which you have subscribed for the Services expires or is cancelled (the “Subscription Period”). BeyondTrucks offers various Subscription Periods (which may be updated from time to time), but your term and agreement may vary.

3.2  Monthly Subscriptions.If the Company makes available and you elect to purchase a monthly subscription to the Services, the Subscription Period shall commence upon the successful processing of your payment and renew on the same day of each successive month thereafter, unless and until you provide BeyondTrucks with notice of your intent to cancel, or as otherwise may be terminated by BeyondTrucks in accordance with the terms set forth herein. No refunds will be given for partial months.

3.3  Annual Subscriptions. If the Company makes available and you elect to purchase an annual subscription to the Services, the Subscription Period shall commence upon the successful processing of your payment and renew on the same day of each successive year thereafter, unless and until you provide BeyondTrucks with notice of your intent to cancel, or as otherwise may be terminated by BeyondTrucks in accordance with the terms set forth herein. No refunds will be given for partial years. Annual subscriptions with monthly payments are considered Annual Subscriptions.

3.4   Professional Services. BeyondTrucks may offer certain data migration or related professional services (“Professional Services”). If you elect to purchase Professional Services, BeyondTrucks will provide you with a scope of work, and payment shall be due on or prior to the commencement of Professional Services and shall be non-refundable following payment. Payment for services in addition to the scope of work will be due up front.

3.5   Add-On Services: BeyondTrucks may offer certain additional services, upgrades, or add-ons as an option to upgrade your monthly or annual subscription (“Add-On Services”). If you elect to purchase such Add-on Services, your Subscription Period shall not change and BeyondTrucks will for the current subscription period charge you in advance a pro-rated amount based on the actual number of days you have subscribed to such Add-on Services.

3.6   Support.

Service Levels. Service levels and availability will vary based on demand and capacity and are subject to change without notice.

Services. The Services cannot be relied upon to identify or disclose any errors, fraud, theft, illegal acts, wrongdoing within the entity or noncompliance with laws and regulations. In addition, BeyondTrucks has no responsibility to identify and communicate deficiencies or material weaknesses in your internal management practices as part of this engagement. No safety, compliance, auditor’s or accountant’s report will be prepared or submitted to you.

Support Methods. BeyondTrucks may, in its sole discretion, use a variety of methods (e.g., in-product, widgets, Internet, remote access, online community, chat, e-mail, video, and phone) to provide technical support and customer service in connection with the Services.

Communication.You may be required to provide various contact information, mobile phone number, email address, etc. based on the means we communicate with you. Standard message rates from your provider apply.

Third Party Technology. We may use third party technology to establish a screen share connection to provide the Services.

Live Sessions. You may be required to schedule an appointment for each session. BeyondTrucks reserves the right to cancel a session at its sole discretion. You may cancel your live session at any time and may reschedule, however, BeyondTrucks may not be able to accommodate multiple rescheduling.

3.7  Money Movement Services

(a)   To the extent that your use of the Services involves the transmission or receipt of funds, including without limitation receiving payments from customers, the Payroll Processing Services (as defined below), direct deposits to vendors or contractors, or related payments services (collectively, "Money Movement Services"), such Money Movement Services may be provided to you by one or multiple of BeyondTrucks payment partners (each, a “Payment Partner”) and are subject to such Payment Partner’s separate terms of service (“Payment Partner’s Terms of Service”). User Content (as defined below) provided by you in connection with the Money Movement Services will be shared with one or more Payment Partners and used by such Payment Partners in connection with the Money Movement Services, subject to the applicable Payment Partners’ privacy policies. You hereby authorize the Payment Partners to provide the Money Movement Services and agree that such Money Movement Services may be suspended or terminated in the event that: (1) you violate the applicable Payment Partner’s Terms of Service; (2) there is an actual or reasonably suspected security breach or threat involving you or User Content; (3) User Content indicates that you are financially unstable; or (4) you do not timely respond to requests for information from the Company or any Payment Partner. Before you can use the Money Movement Services, you may be subject to business diligence including legally required “Know Your Business” checks. Additional information may be requested; failure to provide it could result in the denial of access to the Money Movement

(b)   BeyondTrucks reserves the right, in its sole discretion and with or without notice or cause, to suspend or terminate the provision of Money Movement Services, including without limitation, if: (1) we have reason to believe that fraudulent transactions or other activity prohibited by this Agreement has occurred; (2) such action is necessary to prevent loss to us; or (3) you violate any portion of this Agreement, including any Payment Partner’s Terms of Service. Upon termination, your ability to use the Services may be limited as we will not be able to facilitate transmissions of funds on your behalf. Upon notice from the Company that a Money Movement Service will not be completed for any reason, you will be responsible for making the payment through alternate means. The Company is not responsible for late payments where such notice is provided. Any funds that remain in your bank account associated with your Account (“Payment Account”) for any reason, including your abandonment of your Payment Account or your failure to remedy any deficiencies in the information we are required to collect for anti-money laundering purposes, for the applicable time period as mandated or allowed by applicable law, may be remitted to your state of residency or otherwise in accordance with unclaimed property laws. We may also unwind transactions or direct funds to specially designated accounts pursuant to anti-money laundering, sanctions or other compliance requirements.

(c)   By initiating a payment to an employee or other agent, you authorize BeyondTrucks to initiate credit and debit entries to your Payment Account, and to send payments electronically or by any other commercially accepted method to the payee or payees you have designated and pursuant to instructions you provide with your payment. You agree to timely remit to the depository financial institution that holds your Payment Account any funds necessary to complete a payment. You also authorize and direct the depository financial institution that holds your Payment Account to charge each debit to your Payment Account for that amount to be credited to BeyondTrucks, and to respond to inquiries from BeyondTrucks regarding your information and your Payment Account. This authorization will remain in full force and effect until BeyondTrucks has received written notification from you of its termination in such time and in such manner as to afford BeyondTrucks and the depository financial institution that holds your Payment Account a reasonable opportunity to act on it. For payees that will receive disbursements via ACH, you agree to obtain the payee’s consent to credit their bank account and initiate a disbursement over the ACH network.

(d)   We may refuse to process your payment if we reasonably believe that your Payment Account balance is insufficient to cover the dollar amount of the payment or for any other reason we deem reasonable. If any amount debited against you is dishonored or returned for any reason, such as, but not limited to, non-sufficient funds, Payment Account closed, inability to locate Payment Account, or reversal by you and/or your bank, we may: (1) reverse any corresponding credit issued to BeyondTrucks, you, your payees or any other party without liability to you or any other party; (2) reverse direct deposit transactions; (3) refuse to perform further Services; (4) apply any money currently held by BeyondTrucks to any amount owed to us by you; (5) charge you a one-time insufficient funds penalty fee; and/or (6) report this information to any and all credit agencies and/or financial institutions. We may assess and collect interest on any amounts due and unpaid ten (10) days after demand. If further collection attempts are required, all of our collections costs, including any costs associated with termination of this Agreement and including but not limited to, attorney fees, where permitted by law, will be charged to you.

3.8  Payroll Processing Services

(a)   To the extent that your use of the Services involves automatic payroll processing, tax withholdings, tax calculations, or other related payroll processing services (collectively, “Payroll Processing Services”), such Payroll Processing Services are provided to you by one or multiple of BeyondTrucks payroll processing partners (each, a “Payroll Partner”) and are subject to such Payroll Partner’s separate terms of service, if any (“Payroll Partner’s Terms of Service”) and may include Money Movement Services (which are also subject to the terms of Section 3.7). You hereby authorize the Company to provide the Payroll Processing Services through Payroll Partners and agree that such Payroll Processing Services may be suspended or terminated in the event that: (1) you violate the terms hereof or any applicable Payroll Partner’s Terms of Service; (2) there is an actual or reasonably suspected security breach or threat involving you or User Content; (3) User Content indicates that you are financially unstable; or (4) you do not timely respond to requests for information from the Company or any Payroll Partner. Before you can use the Payroll Processing Services, you will be subject to business diligence including legally required “Know Your Business” checks. Additional information may be requested; failure to provide it could result in the denial of access to the Payroll Processing Services. Access to the Payroll Processing Services and any specific features of the Payroll Processing Services are contingent upon your prompt and accurate completion of all forms, consents and agreements as requested by the Company or any applicable Payroll Partner, and completion of all other actions as directed by the Company or such Payroll Partner. You acknowledge that the Payroll Partners may refuse to provide the Payroll Processing Services if the User Content provided by you will lead to one or more inaccurate or unfileable tax returns

(b)   You are responsible for providing complete, accurate and timely User Content, including but not limited to employee and payroll information, business information, contact information, and bank account information. In the event of any changes that affect the content or accuracy of the User Content provided, or upon the discovery of inaccurate User Content, you must promptly notify the Company and provide updated User Content. User Content provided by you in connection with the Payroll Processing Services will be shared with one or more Payroll Partners and used by such Payroll Partners in connection with the Payroll Processing Services, subject to the applicable Payroll Partners’ privacy policies. The Company is not responsible for any consequences arising from inaccurate or incomplete User Content provided by you.

(c)   In offering the Payroll Processing Services through the Site, the Company and its Payroll Partners are not acting as a fiduciary for you. No information provided to you in connection with the Payroll Processing Services is intended to be legal or tax advice. You are responsible for consulting with a legal, tax or financial expert as needed. No communications from the Company or content on the Site related to the Payroll Processing Services are intended to suggest any payroll or tax-related decisions on your behalf or assumptions about your tax obligations. You will be held responsible by taxing authorities for the timely filing of employment tax returns, the accuracy of those returns, and the timely payment of employment taxes. In providing the Payroll Processing Services, the Company does not assume or share this obligation. You may be legally obligated to retain records concerning the Payroll Processing Services on your behalf or on behalf of your employees; the Company does not assume this obligation. It is your responsibility to download and retain records as legally required. It is your obligation to review and correct inaccuracies in all payroll-related documents and tax forms.

(d)   The Company can deny or discontinue access at any time to the Payroll Processing Services based upon: (1) non-payment of fees; (2) failure to provide sufficient payroll or tax funds; (3) failure to use the Payroll Processing Services for its intended use; (4) failure to provide truthful and accurate information; (5) suspected fraud or credit risk; or (6) your violation of any portion of this Agreement, including any Payroll Partner’s Terms of Service. If the Company discontinues access to the Payroll Processing Services, tax returns may not be filed or produced on your behalf and payroll and tax payments may occur late or not at all; you accept all liability that may result. Upon notice from the Company that any Payroll Processing Service will not be completed for any reason, you will be responsible for making the payment through alternate means. The Company is not responsible for late payments where notice is provided.

(e)  Once you approve a Payroll Processing Service, you are responsible for funding it. Failure to do so could result in the assessment of additional fees and collection efforts being taken to recover the funds. Certain bank-related fees may be passed through to you as a result of failure to provide accurate User Content or insufficient funds. You are responsible for paying these fees; failure to do so could result in a loss of access to the Payroll Processing Services. Where amended or corrected tax filings are necessary, the Company does not guarantee the timeliness of those filings and you may be charged additional fees for their preparation.

4.   Payments

4.1  General Payment Terms. Certain features of the Services may require you to pay fees, including all applicable taxes. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise agreed, all fees are in U.S. Dollars and are non-refundable. BeyondTrucks reserves the right to change the required method of payment at any time, upon notice to you. You are responsible for updating your account information should the required payment method change. If you agreed to purchase a minimum number of End User subscriptions as part of registering for the Services (the “Minimum Subscription Level”), you must pay for at least that number of subscriptions during the applicable term. Additional subscriptions will be purchased during the term as your active driver count and thus the number of licenses varies and you may make adjustments in the actual number of licenses from time to time, provided that you always purchase a number of licenses equal to or greater than the Minimum Subscription Level. All fees paid hereunder are non-refundable and non-recoupable. You agree your purchases under this Agreement are neither contingent on the delivery of any future functionality or features of the Services nor dependent on any oral or written public comments made by us regarding future functionality or features.

4.2  Price. BeyondTrucks reserves the right to determine pricing for the Services. BeyondTrucks will make reasonable efforts to keep pricing information published on the Site up to date. BeyondTrucks may change the fees for any feature of the Service, including additional fees or charges, if BeyondTrucks gives you advance notice of changes before they apply. BeyondTrucks, at its sole discretion, may make promotional offers with different features and different pricing to any of BeyondTrucks’ customers. These promotional offers, unless made to you, will not apply to your offer or this Agreement.

4.3  Charges for Services. Access to the Services requires payment of recurring fees during the Subscription Period. If you activate the Service, you authorize BeyondTrucks to charge you all applicable fees and taxes for the initial subscription period and to periodically charge you in advance on a going-forward basis for all future subscription periods until cancellation of either the Services or your account, and for all accrued and unpaid sums during the Subscription Period. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in accordance with Section 5.1 in order to avoid charging of the next periodic subscription fee to your account.

4.4  Delinquent Accounts. BeyondTrucks may suspend or terminate access to the Services, including fee-based portions of the Services, for any account for which an amount is due but unpaid, including, but not limited to amounts due for subscription fees. In addition to the amount due for the Services, a delinquent account will be charged with fees, charges, or expenses (including attorneys’ fees) that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

5.  Term and Termination.  

5.1   Term. The term of this Agreement commences upon your registration of an Account or for a Service subscription and remains in effect for the term of your subscription. Subscriptions will automatically renew for additional successive monthly (for monthly subscriptions) or yearly (for annual subscriptions) terms unless terminated as specified in this Section. For the purposes of providing notice of non-renewal as described in this paragraph, notice of termination will be required not less than thirty (30) days before the end of the then current term. Notice via email to BeyondTrucks at support@BeyondTrucks.com or submission of a cancel request through the Services will be deemed sufficient. Upon termination, your access to the Service and any information stored by the Service will also terminate. BeyondTrucks may terminate this Agreement at any time upon 30 days’ prior written notice for its convenience, and will refund to you a pro-rata portion of any unused, prepaid fees, less deductions in accordance with this Agreement.

5.2  Termination. We may immediately, without notice, suspend or terminate your access to the Services and terminate this Agreement for any of the following reasons: (a) you breach any provision of this Agreement; (b) you seek to hack the security mechanisms of the Services or we otherwise determine that your use of the Services poses a security risk to us or another user of the Service; (c) you introduce a malicious program into the network or a virtual machine instance; (d) you cause network interference that affects Services performance for other customers; (e) you use the Services in a way that we determine, on our sole discretion, is abusive or disrupts or threatens the performance or availability of the Service; (f) we receive notice or we otherwise determine, in our sole discretion, that you may be using the Services for an illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party; or (g) you do not timely respond to requests for information necessary for the Company, Payment Partners or Payroll Partners (together with the Payment Partners, the “Company Partners”) to provide the Services.

5.3  Early Termination. If you want to terminate this Agreement before the end of the Subscription Period, you will owe a termination fee equal to the fees due for the outstanding term of the Subscription Period. You entitle BeyondTrucks to collect such fees by not reimbursing you any fees for the period between the receipt of the notice of termination and the end of the Subscription Period.

5.4  Effect of Termination. If this Agreement is terminated for any reason: (i) you will pay BeyondTrucks any fees or other amounts that have accrued prior to the effective date of the termination; (ii) any and all liabilities accrued prior to the effective date of the termination will survive. Following termination and upon your request and subject to any specific restrictions applicable to you or your data, BeyondTrucks will make reasonable efforts to export and provide to you in electronic format the information you have uploaded to the Service (service fees may apply), but BeyondTrucks is not obligated to retain that information following any termination and makes no representation to the integrity, completeness or timeliness of any data so exported. You understand that any termination of your Account may involve deletion of User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3, Section 6 through 10.

6.  User Content and Confidential Information

6.1  User Content.  “User Content” means any and all information and content that you, your employees or anyone else who accesses the Services you subscribe to submits to, or uses with, the Site, including without limitation all business information, Personal Information (as defined below), employee and payroll information, contact information, bank account information and content in the user’s profile or postings. You are solely responsible for User Content. You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of User Content that personally identifies you or any third party. You hereby represent, warrant and covenant that the User Content does not and will not violate our Acceptable Use Policy set forth in Section 6.5. You may not represent or imply to others that User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for User Content, you may expose yourself to liability if, for example, User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of User Content if you desire.

(a)   You agree to timely provide all User Content and any updates to previously provided User Content that may be necessary for the Company or any Company Partner to provide the Services and that such User Content and its updates will be accurate and complete. It is your obligation to review and correct any inaccuracies in the User Content you provide. Company and Company Partners are not obligated to verify or confirm the accuracy or completeness of the User Content, and are not responsible for any consequences arising from inaccurate or incomplete User Content provided by you, your employees or anyone else who accesses the Services you subscribe to.

(b)   You agree to pay any fees or costs incurred by the Company arising out of the Company’s or any Company Partner’s reliance on User Content to the extent such User Content is inaccurate or incomplete, including bank-related fees that result from inaccurate bank account information.

6.2  License.  You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, sublicensable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to User Content. You hereby also grant to BeyondTrucks a non-exclusive, irrevocable, perpetual, worldwide, sublicensable license to use, copy, edit, format, modify, display, combine with any other material or content, and create derivative works of the data provided by you to BeyondTrucks under this Agreement, including in connection with R&D. For purposes of this Agreement, “R&D” means research and development, including research and development activities relating to software, service, algorithms, or industry research.

6.3  Confidentiality. Definition of Confidential Information. “Confidential Information”means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

6.4  As between you and BeyondTrucks, you own all proprietary rights in and to your Confidential Information, subject to the license granted herein. You reserve all rights it does not expressly grant in this Agreement. BeyondTrucks owns all proprietary rights and other rights of any kind in and to any R&D including all methods, processes, compilations, databases, algorithms, formulae, and all other aspects and outcomes of the R&D, whether or not any such R&D was developed using the Confidential Information, exclusive of any underlying rights of yours in the Confidential Information. As between itself and you, BeyondTrucks and its applicable licensor(s), if any, own all rights in any product designs, product features, databases, components, software, applications, and commercial offerings and other offerings developed by BeyondTrucks using the Confidential Information and/or any R&D (collectively, the “BeyondTrucks Products”), exclusive of any underlying rights of yours in the Confidential Information. Nothing in this Agreement is intended to or will affect any rights BeyondTrucks may have under law or in connection with a separate permission.

6.5  Acceptable Use Policy.  The following terms constitute our “Acceptable Use Policy”:

(a)  You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, homophobia, xenophobia, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b)  In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

6.5  Enforcement.  We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

6.6  Enforcement.  We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying User Content, suspend or terminate the Services, terminating your Account in accordance with Section 5, and/or reporting you to law enforcement authorities.

6.7  Feedback.  If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.  You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

7. Privacy and Consumer Data.

7.1  Privacy Policy.    We have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to this link https://www.beyondtrucks.com/privacy for details about how we collect and use your personal information. By agreeing to these Terms, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.

7.2   Privacy Notices and Consumer Data.    You represent, warrant and covenant that all User Content, including but not limited to the Personal Information of your employees, contractors, and agents, provided or otherwise made available to BeyondTrucks is done so in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate rights, to enable BeyondTrucks to (i) share any and all User Content you provided with any BeyondTrucks company, and any parent, subsidiary, affiliate, or related company of BeyondTrucks (collectively, the " BeyondTrucks Family Companies "), and any Company Partner to perform the Services, (ii) share any and all User Content you provided with any BeyondTrucks service providers and vendors to provide the Services, and (iii) use any such User Content in connection with any and all BeyondTrucks Family Companies' internal Business Purposes, including, but not limited to, improving such BeyondTrucks Family Companies' products and/or services, ensuring security and integrity of the Services, R&D, providing advertising and marketing services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Capitalized terms in this paragraph that are not otherwise defined in these Terms have the meanings given those terms under the California Consumer Privacy Act and applicable United States federal, state, and local laws, as amended or updated from time to time.

8.  Indemnification.    You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) your breach of any representations or warranties in these Terms, (e) your Confidential Information, or (f) User Content. Company 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 Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

9.  Force Majeure.     BeyondTrucks will not be liable to you for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to circumstances beyond BeyondTrucks’ reasonable control.

10.  International use.     The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

11.  Third-Party Links & Ads; Other Users

11.1  Third-Party Links & Ads.  The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

11.2  Other Users.  Each Site user is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.  Your interactions with other Site users are solely between you and such users.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user, we are under no obligation to become involved.

11.3  Release.  You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

12. Disclaimers

THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13.  Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

14.  Copyright Policy.

Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to us:

1. 1.your physical or electronic signature;

2. 2.identification of the copyrighted work(s) that you claim to have been infringed;

3. 3.identification of the material on our services that you claim is infringing and that you request us to remove;

4. 4.sufficient information to permit us to locate such material;

5. 5.your address, telephone number, and e-mail address;

6. 6.a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

7. 7.a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated contact address for such matter is support@BeyondTrucks.com.

15.  General

15.1 Changes.  These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

15.2  Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement.  All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

(b) Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to: 55 E 3rd Ave , , San Mateo, California 94401.  After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c)  Arbitration Rules.  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

(d) Additional Rules for Non-Appearance Based Arbitration.  If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

(e) Time Limits.  If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

(f) Authority of Arbitrator.  If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and the Company.

(g) Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(h)  Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  

(i)  Confidentiality. In case of arbitration, all aspects of the proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.

(j) Severability.  If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

(k) Right to Waive.  Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

(l) Survival of Agreement.  This Arbitration Agreement will survive the termination of your relationship with Company. 

(m) Claims Court.  Notwithstanding the foregoing, either you or the Company may bring an individual action in claims court.

(n) Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(o) Claims Not Subject to Arbitration.  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

(p) Courts.  In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Mateo County County, California, for such purpose

15.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

15.4  Disclosures.  Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

15.5  Electronic Communications.  The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

15.6  Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

15.7  Copyright/Trademark Information.  Copyright © 2019-2022 BeyondTrucks Inc. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks You allow BeyondTrucks without your separate express written consent (except where required by applicable law) to display your company name and logo as a BeyondTrucks customer in its communication with investors, customers and other third parties.  This provision shall survive the termination of this agreement.

15.8  Contact Information:

Contact US:                (205) 881-3975

Email:                          info@BeyondTrucks.com

Mail:                            BeyondTrucks Inc. 1 Ferry Building, Suite 201 San Francisco, CA 94111

© 2019-2022 BeyondTrucks.com