This chat service ("Truckers Talk") is provided by layover.com ("layover") to you ("you" or "user"), subject to the terms of this Truckers Talk chat agreement ("Agreement"), and the rules that may be published from time to time by layover.com. Truckers Talk currently is provided as a free service to any user who agrees to abide by the terms and conditions of this Agreement. Layover.com reserves the right to change the nature of this relationship at any time. Users who violate the terms of this Agreement may permanently be banned from using Truckers Talk.
ENTERING TRUCKERS TALK WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER TRUCKERS TALK.
CHAT RULES:
Listed below are some, though not all, violations which may result in layover.com banning your use of Truckers Talk. You agree not to do any of the following actions while using Truckers Talk:
- Harass, threaten, embarrass or cause distress or discomfort upon another Truckers Talk participant, user, or other individual or entity;
- Transmit via Truckers Talk any information, data, text, files, links, software, or other materials ("Content") that layover.com considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
- Impersonate in Truckers Talk any person, including but not limited to, a layover.com official, forum leader, guide or host;
- Disrupt the normal flow of dialogue in a Truckers Talk or otherwise act in a manner that negatively affects other participants;
- Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in Truckers Talk, except in those areas (e.g., JobNet, Truckers Store) that are designated for such a purpose;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing Truckers Talk or in connection with your use Truckers Talk in any manner.
INTELLECTUAL PROPERTY:
You agree that you will not upload or transmit any Content to Truckers Talk that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to any chat room, you automatically grant -- or warrant that the owner of such Content has expressly granted -- layover.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
CONTENT:
You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Layover.com shall not be responsible for any Content. Layover.com does not prescreen or monitor all Content as a matter of policy, but layover.com shall have the right, but not the responsibility, to remove Content which is deemed in layover.com's sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules Layover.com has in place at the time. Layover.com may elect at its sole discretion to monitor some, all, or no areas of Truckers Talk for adherence to this Agreement or layover.com's rules.
AUTOMATED LANGUAGE MONITORING:
Some channels may have automated language monitoring systems in place that scan content for known offensive language. If there is a language monitoring system in place, chatters who use prohibited words will be warned before posting access is revoked. Posting access is normally revoked for five minutes and does not affect private messaging or user-created channels. A full list of prohibited words is available from layover.com upon request.
PRIVACY:
It is layover.com's policy to take reasonable measures to respect the privacy of Truckers Talk participants. Layover.com will take reasonable measures to not disclose the contents of your communications unless required to do so by law or in the good faith belief that such action is reasonably necessary to:
- Conform to the edicts of the law or comply with legal process served on layover.com;
- Protect and defend the rights or property of layover.com or Truckers Talk or enforce or further the application or intent of the terms of this Agreement; or
- Act to protect the personal safety of Truckers Talk participants or the public.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF TRUCKERS TALK IS AT YOUR OWN RISK. LAYOVER.COM SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON TRUCKERS TALK. LAYOVER.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. LAYOVER.COM MAKES NO WARRANTY THAT TRUCKERS TALK WILL MEET YOUR REQUIREMENTS, OR THAT TRUCKERS TALK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LAYOVER.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TRUCKERS TALK OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH TRUCKERS TALK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRUCKERS TALK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TRUCKERS TALK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT.
LIMITATION OF LIABILITY:
TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, LAYOVER.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE TRUCKERS TALK OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH TRUCKERS TALK OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTIES, EVEN IF LAYOVER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MINORS:
Layover.com is not responsible for any content provided by or received by minors while accessing Truckers Talk. Layover.com will do its best to monitor the conversations taking place in Truckers Talk, but cannot guarantee that all users will follow the specified guidelines. Truckers Talk is available for use by minors.
MISCELLANEOUS:
This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, excluding its conflict of law provisions, and you agree to submit to the personal jurisdiction of the courts of the state of Florida for any cause or action arising out of this Agreement. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
WHAT TO DO:
If you witness chat in a public chat room that violates this Agreement or the Truckers Talk rules then in effect, please email the offending person's name and cut and paste the relevant content into an email to info@layover.com. Layover.com cannot guarantee that any action will be taken as a result of your email. Please refer to this Agreement from time to time for any updates layover.com may make to this Agreement and to Truckers Talk rules.
Thanks for participating in Truckers Talk!
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