Terms of Use

Last updated: January 4, 2021

WELCOME TO ONE STOP TRUCKING. We (One Stop trucking LLC.) hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, mobile app ("App"), or any associated content/postings (together, "OST"), you agree to these Terms of Use ("TOU") (last updated January 4th, 2021). You acknowledge and agree OST is a private site owned and operated by One Stop Trucking LLC. Please read the TOU carefully before you start to use OST. By using OST, you accept and agree to be bound and abide by these TOU and our privacy policy and all other policies, site rules, and agreements referenced below or on OST, which are hereby fully incorporated into this TOU. If you are accessing or using OST on behalf of a business, you represent and warrant to OST that you have authority to accept the TOU on behalf of that business and that the business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use OST or download the App. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes. Your continued use of OST following the posting of revised TOU means that you accept and agree to the changes.

LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use OST and be bound by the TOU, or (2) use OST on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use OST in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from OST, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.

USE. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with OST, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to use or access OST in any way that violates any applicable federal, state, local, or international law or regulation. You agree not to copy/collect OST content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these TOU and our privacy policy; is likely to deceive any person; promotes any illegal activity, or advocate, promote, or assist any unlawful act; causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person; impersonates any person, or misrepresents your identity or affiliation with any person or organization; involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; gives the impression that such content emanates from or is endorsed by us or any other person or entity, if this is not the case; or is otherwise prohibited by any of our policies or rules referenced above (collectively "Prohibited Content"). You agree not to abuse OST flagging or reporting processes. You agree not to collect OST user information or interfere with OST. You agree we may moderate OST access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available OST or our application programming interface ("API"), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide OST, (iii) combine or integrate OST or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects OST or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use OST or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. You represent and warrant that (A) you own or control all rights in and to any and all content or materials you post, submit, publish, display or transmit on or through OST (“User Contributions”) and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, and (B) all of your User Contributions do and will comply with these TOU. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of OST.

LIQUIDATED DAMAGES. You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting OST users' information, including personal or identifying information - $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of OST without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of OST - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $4 per violation; (E) posting or attempting to post Prohibited Content in any section of OST - the price per post applicable to that section of OST; (F) sending an unauthorized/unsolicited email to an email address obtained from OST - $25 per violation; (G) using OST user information to make/send an unauthorized/unsolicited text message, call, or communication to a OST user - $500 per text/call/communication; (H) creating a misleading or unlawful OST account or buying/selling a OST account - $4 per violation; (I) abusing or attempting to abuse OST's flagging or reporting processes - $1 per violation; (J) distributing any software to facilitate violations of the USE Section - $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting OST content for any purpose without our express written consent - $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of OST in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts - $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

FEES. When you make a paid posting you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.

DISCLAIMER & LIABILITY. The information presented on or through OST is made available solely for general information purposes. To the full extent permitted by law, One Stop Trucking LLC., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("OST Entities") (1) make no promises, warranties, or representations as to OST, including its completeness, accuracy, usefulness, availability, timeliness, propriety, security or reliability; (2) provide OST on an "AS IS" and "AS AVAILABLE" basis and any risk of using OST is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with OST. OST may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of OST. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. OST Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to OST, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to OST ("Claims") will be governed by the internal laws of Minnesota, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Hennepin County, MN (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Hennepin County, MN; (2) indemnify and hold OST Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of OST; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

TRADEMARKS. One Stop Trucking, "OST" and the logo are our trademarks or belong to our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on OST are the trademarks of their respective owners.

MISC. Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access OST thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.