Terms of Use

Last Updated: September 8, 2026

These terms of use are entered into by and between you and Truckparkingclub.com, LLC (“Company,” “we,” or “us”). Use of the terms “you” or “your” throughout these Terms shall refer to you, whether you are accessing the Service as a Trucker Member or a Property Member, as those terms are defined below. Where appropriate, these Terms may also specifically refer to you as a Trucker Member or Property Member. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of truckparkingclub.com, including any content, functionality, and services offered on or through truckparkingclub.com, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”), whether as a guest or a registered user. Company, Trucker Member, and Property Member may be individually referred to herein as a “Party” or collectively as the “Parties.”

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “ACCEPT,” OR OTHERWISE AGREEING TO THE TERMS OF USE, OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING COMPANY’S PRIVACY POLICY AVAILABLE AT truckparkingclub.com/privacy-policy (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND COMPANY’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY COMPANY AND BY YOU TO BE BOUND BY THESE TERMS.

YOU AGREE TO RECEIVE TEXTS AND CALLS FROM OR ON BEHALF OF COMPANY AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS AND CALLS WILL INCLUDE WITHOUT LIMITATION CONFIRMATION OF BOOKINGS. YOU UNDERSTAND AND AGREE THAT THESE TEXTS AND CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.

ARBITRATION NOTICE. YOU AGREE THAT THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, AND THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. BY ACCEPTING THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Company Service Overview. The Service is a platform that enables users who drive vehicles and trailers (“Vehicles”) and seek a place to park (“Trucker Members”) to search for a parking listing (“Listing”) and transact with users that own, lease, rent, or otherwise have the legal right of access to real property for the purpose of allowing others to park their Vehicles on such property (“Property Members”).

2. Trucker Member Terms. Paragraphs 2.1 through 2.17 are only applicable to the Trucker Members using the Service.

2.1 Booking. When you book a Listing, you agree to pay all charges for your booking including the Listing price, and any applicable fees including Truckparkingclub.com’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Cost”). You also agree that the Company may charge your selected payment method used to book the Listing in order to collect such amounts. When you receive the booking confirmation, a contract for parking area services (a “Reservation”) is formed directly between you and the applicable Property Member. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or agreed upon between you and the Property Member. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing.

2.2 Listing Reservations. A Reservation for a Listing is a limited license to enter, occupy, and use the Listing. The Property Member retains the right to re-enter the Listing during your stay, subject to the Property Member’s sole discretion but to the extent it is consistent with applicable law.

2.3 Overstay Past Listing Reservation. If you stay past your departure time, you agree to pay the Company, for each day, or portion of a day, that you remain past your departure time: (a) the daily rate charged under the original Listing; and (b) a penalty in addition to, and not in place of, that daily rate, in a flat amount determined by the number of overstays you have accrued in the rolling twelve (12) month period preceding the overstay, as tracked and determined by Company, as follows: (i) $50 per day for your 1st overstay in such period; (ii) $125 per day for your 2nd through 3rd overstay in such period; (iii) $250 per day for your 4th through 6th overstay in such period; (iv) $400 per day for your 7th through 10th overstay in such period; and (v) $600 per day for your 11th overstay and any subsequent overstay in such period. Any overstay period exceeding twenty-four (24) hours is billed in full 24-hour increments, so that, for example, an overstay of more than twenty-four (24) but less than forty-eight (48) hours is billed as two (2) full days of the daily rate and the applicable per-day penalty. You agree that the Company can charge your selected payment method to collect such amounts due for overstays.

2.4 No Reservation. If you use a Listing without making a Reservation via the Service, you agree that Company may charge you an amount equal to two (2) times the daily rate that Company could have charged you for such Listing had you made a Reservation, or two hundred dollars ($200), whichever is greater, and you agree that Company can charge your selected payment method to collect such amount when you use such Listing without making a Reservation.

2.5 Cancellations and Refunds. If you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. If the Property Member cancels, you may be eligible for a partial or full refund. Different policies may apply to different Listings.

2.6 Cancellation Policy. Month-to-Month Membership can be canceled at any time via your Bookings dashboard. The Reservation cancellation must occur at least 24 hours before the next recurring payment. This applies to all Reservations.

2.7 Reservation Changes. Trucker Members and Property Members are responsible for any reservation changes they agree to make via the Truckparkingclub.com platform and agree to pay any additional amounts, fees, or taxes associated with any such Reservation changes.

2.8 Trucker Member Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join you or that you allow to access your Vehicle. You are responsible for leaving a parking area in the condition it was in when you arrived. You are responsible for paying all reasonable amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to a parking area and/or to any third-party property located on or near the parking area. You must comply with applicable laws and regulations at all times. You acknowledge that unloading, loading, or transloading operations are not permitted at any Property Member location and in the event of a violation of this prohibition, the Property Member will not be held liable for any damages or losses incurred, which shall be your sole responsibility. You may be required to reimburse Property Member for any fines, fees, or penalties imposed due to your unloading, loading, or transloading operations.

2.9 Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Truckparkingclub.com platform, including your stay at any parking area, or any other interaction you have with other Truckparkingclub.com members whether in person or online. It is your responsibility to investigate a Listing to determine whether it is suitable for you and your Vehicle. Accordingly, you freely and willfully assume all risks by choosing to use our Service and services.

2.10 No Custody or Security Responsibility. Trucker Member acknowledges and agrees that Company does not take custody, care, control, or responsibility for any Vehicle, trailer, cargo, freight, seal, lock, personal property, or other contents parked at or brought onto a Property Member location. Use of any Listing is at Trucker Member’s sole risk. Company does not provide security services and does not guarantee that any Listing or Property Member location is secure, monitored, or free from theft, vandalism, tampering, unauthorized access, seal breakage, or other criminal activity. Company shall not be liable for any loss, theft, damage, delay, spoilage, contamination, seal breakage, cargo claim, freight claim, or business interruption arising out of or relating to a Trucker Member’s use of a Listing or Property Member location, whether caused by a Property Member, a third party, criminal activity, or otherwise.

2.11 Removal of Property. Trucker Member will remove all of its property from any Property Member real property within thirty (30) days after Trucker Member is provided notice of such request by Property Member. If Trucker Member fails to remove all of its property within such 30-day period, Property Member and any of its designees, or any lienholders, repossession agents, or government authority, shall be permitted to remove the property of such Trucker Member. Trucker Member agrees to reimburse Property Member for all costs associated with the removal of such property done in accordance with the foregoing.

2.12 Condition of Vehicles and Equipment. Trucker Member represents and warrants that any Vehicle parked at a Property Member’s real property will, at all times, be in good, safe, and lawful operating condition and compliant with all federal, state, and local laws, regulations, and ordinances. This includes, but is not limited to, compliance with all applicable regulations from the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration. All Vehicles parked or stored at a Property Member’s real property must be in good, working, and presentable condition, as determined in Company’s sole reasonable discretion. A Vehicle that is derelict, non-operational, or in a state of disrepair is strictly prohibited and may be towed by the applicable Property Member or any lienholder, repossession agent, government authority, or any third party with an interest in the Vehicle, at Trucker Member's expense.

2.13 Cooperation Regarding Repossession Actions. Trucker Member acknowledges that, from time to time, third parties holding an ownership, leasehold, security, or other interest in the Vehicle may desire to access the Vehicle in a parking area to recover and/or repossess the Vehicle. Trucker Member understands that the Company is authorized to work directly with the Property Member, governmental authorities, and third parties to facilitate such recovery and/or repossession actions with respect to the Vehicle. The Company is authorized to provide information to and otherwise cooperate with the Property Member, governmental authority, and other third parties in connection with such actions in its discretion, but shall have no liability whatsoever for any breach of the peace or damage resulting from any such recovery or repossession action. In addition to the general waiver of claims provided in paragraph 2.15 below, Trucker Member specifically waives and releases any right to sue, or otherwise pursue payment from, the Company for any claim arising from or relating to a recovery or repossession action by Property Member, any governmental authority, or any third party.

2.14 Listing Amenities. Trucker Member acknowledges and agrees that any amenities, services, or features described in a Listing (including, without limitation, lighting, restroom access, security measures, or other on‑site services) are selected, provided, and managed solely by the Property Member. Company does not own, operate, manage, control, inspect, or maintain any such amenities and does not guarantee that any amenity will be available, operational, lawful, safe, or suitable for Trucker Member’s intended use. Company does not monitor, review, or inspect any security footage from a Listing and has no duty to do so. All amenity information displayed through Company is provided by the Property Member for convenience only and may change at any time without notice.

2.15. WAIVER OF CLAIMS. YOU EXPRESSLY WAIVE, RELEASE, AND DISCHARGE THE COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS FROM ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE REMOVAL, TOWING, BOOTING, OR DISPOSAL OF YOUR VEHICLE, WHETHER BY PROPERTY MEMBER, LIENHOLDER, REPOSSESSION AGENT, GOVERNMENT AUTHORITY, OR OTHER THIRD PARTY. YOU FURTHER AGREE AND ACKNOWLEDGE THAT THE COMPANY IS NOT RESPONSIBLE FOR AND SHALL NOT BE HELD LIABLE FOR ANY ACT OR OMISSION OF THIRD PARTIES, INCLUDING PROPERTY MEMBERS, LIENHOLDERS, TOWING COMPANIES, OR ENFORCEMENT AUTHORITIES.

2.16. LIMITATION OF PROPERTY MEMBER’S LIABILITY TO TRUCKER MEMBER. UNLESS OTHERWISE SET FORTH IN THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROPERTY MEMBER OR ITS EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO TRUCKER MEMBER FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH PROPERTY DAMAGE, THEFTS, REPOSSESSION, INJURY, OR OTHER LOSSES SUFFERED WHILE PARKING AT PROPERTY MEMBER’S PROPERTY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

2.17. Indemnification of Property Member. In addition to Trucker Member’s other indemnification obligations under these Terms, Trucker Member agrees to defend, indemnify, and hold harmless the Property Member and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Trucker Member’s violation of these Terms or applicable law, damage or loss caused to Property Member’s property, repossession, or abandonment of any Vehicles on Property Member’s property.

3. Property Member Terms. Paragraphs 3.1 through 3.7 are only applicable to the Property Members using the Service.

3.1 No Circumvention. You agree not to circumvent, attempt to circumvent, or assist others in circumventing Company’s Service. You shall not, directly or indirectly, contact, solicit, or engage in any parking or other transaction with a Trucker Member introduced through Company for the purpose of bypassing Company in any manner. Any such attempt shall constitute a material breach of these Terms of Use. In the event Company determines, in its sole discretion, that you engaged in circumvention or direct dealings, you shall be subject to immediate account termination and may be liable for liquidated damages in an amount equal to the total fees Company would have earned from bookings reasonably expected to result from such circumvention. Company reserves the right to pursue any and all available legal or equitable remedies to recover losses and enforce its rights under this provision.

3.2 Notice to Remove Listings. You must provide thirty 30 days’ notice before removing a Listing from the Service. In the event that you remove such Listing from the Service without providing such notice, you will be liable for all resulting damages, including but not limited to: (i) compensation for any lost or cancelled bookings or revenue; (ii) our costs incurred to remove a Trucker Member’s Vehicle or other property from your property; (iii) payment of all Trucker Member refund amounts, cancellation fees, and administrative costs incurred by Company; and (iv) and any other fees we incur as a result.

3.3 Removal of Property. Unless the existence of the Trucker Member’s property on your real property poses a threat of imminent harm or danger, You must give Company and each applicable Trucker Member at least thirty (30) days’ notice if you require the removal of any property of a Trucker Member from your real property. You will only be able to remove the property of a Trucker Member if a Trucker Member fails to remove the Trucker Member’s property within such 30-day period after Trucker Member receives such notice from You.

3.4 Property Damage and Waiver. In the event that, (i) a Trucker Member is the direct and proximate cause of an accident that causes property damage at a Property Member’s property, (ii) the Trucker Member or its insurance carrier are unable or refuse to pay for such damage even after being pursued legally, and (iii) the Property Member elects not to pursue a claim against its own insurance carrier, then the Company, in its sole discretion, would determine whether or not to reimburse Property Member for the property damage caused in such an incident up to a maximum amount of $25,000. For the avoidance of doubt, the Company will not be directly or indirectly liable for any property or other damages or losses caused by a Trucker Member, but, as a courtesy under these limited circumstances, the Company, in its sole discretion, may elect to reimburse the Property Member in its sole discretion, as set forth herein.

3.5 Listing Amenities. Property Member is solely responsible for selecting, describing, providing, operating, and maintaining any amenities, services, or features offered at Listing including, without limitation, lighting, restroom access, security measures, or other on‑site services. Property Member represents and warrants that any amenities described in Listing are accurate, not misleading, and comply with all applicable laws, regulations, and industry standards, including any safety, accessibility, and licensing requirements. Property Member understands and agrees that Company does not verify, inspect, operate, manage, or control any amenities and does not guarantee their availability or condition, and Property Member shall not state or imply that any amenity is endorsed, guaranteed, or provided by Company. Property Member shall be solely responsible for any loss, damage, claim, injury, or other consequence arising out of or relating to any amenity (or lack thereof) at the Property and shall defend, indemnify, and hold harmless Company and its affiliates from and against any claims related thereto, except to the extent prohibited by applicable law.

3.6 Penalty Revenue Share. Company’s guarantee of payment for amounts owed under Paragraph 2.3 (Overstay Past Listing Reservation) or Paragraph 2.4 (No Reservation), and the revenue share described in this Paragraph 3.6, apply only where Company can identify and verify that the vehicle is associated with a registered Trucker Member. If Company cannot identify or verify that the vehicle is associated with a registered Trucker Member, Company will not guarantee or process payment for the outstanding charge, and you will need to work directly with the vehicle’s owner or operator regarding collection, towing, or other remedies. Where Company can identify and verify the vehicle, and a Trucker Member is charged a penalty under Paragraph 2.3 or Paragraph 2.4 in connection with your Listing, you will receive fifty percent (50%) of that penalty amount, split evenly with Company, in addition to your usual reservation share of the underlying daily rate. This penalty share is owed only on penalty revenue that Company actually collects from the Trucker Member. If the arrears charge takes the Trucker Member’s account to a negative balance, Company will pay you the penalty share once Company collects the corresponding amount from the Trucker Member, provided the Trucker Member brings the account balance current within thirty (30) days after the date of the arrears charge. If the Trucker Member does not bring the account balance current within that 30-day period, you will receive your usual reservation share only, and no penalty share will be due for that charge.

3.7 Property Member Addendum. If you are a Property Member, you agree to these Terms of Use as well as the terms and conditions contained in the Truckparkingclub.com Property Member Addendum, available at PROPERTY MEMBER ADDENDUM, which are hereby incorporated into these Terms by this reference.

4. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. If we suspend or terminate your access to the Service, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your access to the Service, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

5. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at info@truckparkingclub.com.

6. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms of Use, all fees are in U.S. Dollars and are non-refundable, except as required by law.

6.1 Price. Company reserves the right to determine pricing for the Service. Company will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Company may change the fees for any feature of the Service, including additional fees or charges, if Company gives you advance notice of changes before they apply. Company, at its sole discretion, may make promotional offers with different features and different pricing to any of Company’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms of Use. We may at any time terminate or delete promotional offers, amounts and credits given to you.

6.2 Authorization. You authorize Company to charge all sums for the orders that you make and any level of Service you select as described in these Terms of Use or published by Company, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

6.3 Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges, which may include Company’s Super Trucker Member membership service and certain Listings that allow subscription based monthly bookings (each, a “Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to a Subscription Service. Each Subscription Service will begin on the Subscription Billing Date and continue for the initial subscription period that you select at the time you enroll in the applicable Subscription Service (such period, the “Initial Subscription Period”). At the end of the Initial Subscription Period for a Subscription Service, that Subscription Service will automatically renew for successive periods of the same duration as the Initial Subscription Period (each renewal period, if any, is a “Renewal Subscription Period”), unless you cancel the Subscription Service, or we terminate it. For example, if you enroll in a Subscription Service on January 1, 2026, and that Subscription Service has an Initial Subscription Period of one month, the Subscription Service will automatically renew on February 1, 2026, unless you cancel the Subscription Service before February 1, 2026. If you enroll in a Subscription Service, your account will be charged all fees and taxes for that Subscription Service automatically on the applicable Subscription Billing Date and on the first day of each Renewal Subscription Period until the applicable Subscription Service is cancelled (each such date, the “Billing Date”). If you enroll in a Subscription Service, then you authorize Company or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on each Billing Date. You must cancel your Subscription Service before the next Billing Date in order to avoid billing of the next periodic subscription fee to your account. Before you enroll in a Subscription Service, you will have an opportunity to review the length of the Initial Subscription Period for the Subscription Service, and instructions on how to cancel the Subscription Service. On each Billing Date, Company or its third-party payment processor will bill the periodic subscription fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service via your account. Your cancellation must be received before the next Billing Date in order to avoid charge for the next Renewal Subscription Period.

6.4 Delinquent Accounts. Company may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal subscription fee is due, then Company reserves the right to delete your account and any information associated with your account without any liability to you.

7. Licenses

7.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Company grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and access and use the Service.

7.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; make modifications to the Service; or interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

7.3 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

8. Ownership; Proprietary Rights. The Service is owned and operated by Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Company (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Company or its third-party licensors. Except as expressly authorized by Company, you may not make use of the Materials. There are no implied licenses in these Terms and Company reserves all rights to the Materials not granted expressly in these Terms.

9. Terms Applicable to Third-Party Technology Services

9.1 Third-Party Services and Linked Websites. Company may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you hereby authorize Company to transfer that information to the applicable third-party service. Third-party services are not under Company’s control, and, to the fullest extent permitted by law, Company is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Company’s control, and Company is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Company will have no control over the information that has been shared.

9.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

10. User Content

10.1 User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages, reviews, photos, video or audio, images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.

10.2 Limited License Grant to Company. By Posting User Content to or via the Service, you grant Company a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform, communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Company’s exercise of the license set forth in this Section.

10.3 You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Company disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:

(a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Company and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Company, the Service, and these Terms;

(b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or cause Company to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and

(c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

10.4 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Company may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Company with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Company does not permit infringing activities on the Service.

10.5 Monitoring Content. Company does not control and does not have any obligation to monitor: User Content; any content made available by third parties; or the use of the Service by its users. You acknowledge and agree that Company reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Company chooses to monitor the content, then Company still assumes no responsibility or liability for any content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Company may block, filter, mute, remove, or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.

11. Communications

11.1 Text Messaging. You agree that Company and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM COMPANY, YOU CAN EMAIL INFO@TRUCKPARKINGCLUB.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM COMPANY, YOU CAN EMAIL INFO@TRUCKPARKINGCLUB.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Service.

11.2 Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.

11.3 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

12. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

12.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law or regulation;

12.2 harass, threaten, demean, embarrass, bully, or otherwise harm or threaten harm to any other user of the Service;

12.3 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

12.4 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Company;

12.5 interfere with security-related features of the Service, including by: disabling or circumventing features that prevent or limit use, printing, or copying of any content; or reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

12.6 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; making any unsolicited offer or advertisement to another user of the Service; collecting personal information about another user or third party without consent; or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

12.7 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;

12.8 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 8 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or

12.9 attempt to do any of the acts described in this Section 12 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 12.

13. Intellectual Property Rights Protection

13.1 Respect of Third-Party Rights. Company respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.

13.2 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:

Truckparkingclub.com, LLC

Attn: Legal Department (IP Notification)

129 Christian Road, Ringgold, GA 30736

Email: legal@truckparkingclub.com

13.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

(b) a description of the copyrighted work or other intellectual property right that you claim has been infringed;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and

(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.

Your Notification of Claimed Infringement may be shared by Company with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Company making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

13.4 Repeat Infringers. Company’s policy is to: remove or disable access to material that Company believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Company will terminate the accounts of users that are determined by Company to be repeat infringers. Company reserves the right, however, to suspend or terminate accounts of users at our sole discretion.

13.5 Counter Notification. If you receive a notification from Company that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Company with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Company’s Designated Agent through one of the methods identified in Section 13.2 (DMCA Notification), and include substantially the following information:

(a) your physical or electronic signature;

(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification under Section 13.2 (DMCA Notification) above or an agent of that person.

A Party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the Party’s obligations to provide a valid counter notification under the Copyright Act.

13.6 Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Company in response to a Notification of Claimed Infringement, then Company will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Company will replace the removed User Content or cease disabling access to it in 10 business days, and Company will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Company’s Designated Agent receives notice from the Party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Company’s system or network.

13.7 False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Company relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Company reserves the right to seek damages from any Party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

14. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 14 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the Parties to these Terms.

15. Term, Termination, and Modification of the Service

15.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 15.2 (Termination).

15.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time via your account or by contacting customer service at info@truckparkingclub.com.

15.3 Effect of Termination. Upon termination of these Terms: your license rights will terminate and you must immediately cease all use of the Service; you will no longer be authorized to access your account or the Service; you must pay Company any unpaid amount that was due prior to termination; and all payment obligations accrued prior to termination and Sections 7.3 (Feedback), 8 (Ownership; Proprietary Rights), 10 (User Content), 15.3 (Effect of Termination), 16 (Indemnity), 17 (Disclaimers; No Warranties by Company), 18 (Limitation of Liability), 19 (Dispute Resolution and Arbitration), and 20 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

15.4 Modification of the Service. Company reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Company will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.

16. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify, and hold harmless Company, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Company Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party; or (5) your violation of any applicable laws and regulations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

17. Disclaimers; No Warranties by Company

17.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

17.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

17.3 THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 17 (DISCLAIMERS; NO WARRANTIES BY COMPANY) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

18. Limitation of Liability

18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

18.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: THE AMOUNT YOU HAVE PAID TO COMPANY FOR ACCESS TO AND USE OF THE SERVICE IN THE SIX MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND US$100.

18.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

19. Dispute Resolution and Arbitration

19.1 Generally. Except as described in Section 19.2 (Exceptions) and 19.3 (Opt-Out), you and Company agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

19.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: bring an individual action in small claims court; pursue an enforcement action through the applicable federal, state, or local agency if that action is available; seek injunctive relief in a court of law in aid of arbitration; or to file suit in a court of law to address an intellectual property infringement claim.

19.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 19 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Truckparkingclub.com, LLC, Attention: Legal Department – Arbitration Opt-Out, 129 Christian Road, Ringgold, GA 30736 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Company receives your Opt-Out Notice, this Section 19 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 20.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

19.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Company.

19.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Company’s address for Notice is: Truckparkingclub.com, LLC, 129 Christian Road, Ringgold, GA 30736. The Notice of Arbitration must: identify the name or account number of the party making the claim; describe the nature and basis of the claim or dispute; and set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Company may commence an arbitration proceeding. The payment of all fees will be governed by the AAA Rules.

19.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: solely on the basis of documents submitted to the arbitrator; through a telephonic or video hearing; or by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

19.7 Arbitration Relief. Except as provided in Section 19.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Company before an arbitrator was selected, Company will pay to you the higher of: the amount awarded by the arbitrator and US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator‘s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

19.8 No Class Actions. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

19.9 Modifications to this Arbitration Provision. If Company makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Company’s address for Notice of Arbitration, in which case your account with Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

19.10 Enforceability. If Section 19.8 (No Class Actions) or the entirety of this Section 19 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Company receives an Opt-Out Notice from you, then the entirety of this Section 19 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 20.2 (Governing Law) will govern any action arising out of or related to these Terms.

20. Miscellaneous

20.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Company regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

20.2 Governing Law. These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You and Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the State of Florida for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in the United States, we make no representation that Materials included in the Service are appropriate or available for use in other locations.

20.3 Privacy Policy. Please read the Company Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Company Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

20.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

20.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

20.6 Contact Information. The Service is offered by Truckparkingclub.com, LLC, located at 129 Christian Road, Ringgold, GA 30736. You may contact us by sending correspondence to that address or by emailing us at info@truckparkingclub.com.

20.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

20.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

20.9 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.

21. Notice Regarding Apple. This Section 21 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Company only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.