Terms & Conditions
Truck’n America Terms and Conditions
COLLECTION OF VISITOR INFORMATION ON THIS SITE
LIMITATIONS ON USE OF CONTENT
All content, data and material contained on this Site are protected by one or more copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned or licensed by Truck’n America and which are protected under the laws of the State of Maryland, the United States, foreign jurisdictions, and/or international treaties.
No portion or element of this Site or any of its content may be copied or retransmitted via any means. This Site, its content and all related rights shall remain Truck’n America exclusive property or the property of the licensors of such content unless otherwise expressly agreed in writing. Without Truck’n America prior written authorization, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, repost, or otherwise use the content of this Site. Use of this Site does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of these proprietary rights.
Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing, and availability. Truck’n America reserves the right to: (i) discontinue the sale of any product listed on this Site at any time without notice; and (ii) correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after an order has been submitted and accepted). If Truck’n America discovers price errors, they will be corrected on Truck’n America systems within a reasonable amount of time. Truck’n America will use reasonable efforts to have the corrected price apply to your order. Please note that because the colors you see will depend on your monitor, Truck’n America cannot guarantee that your monitor will display the exact color of an item displayed.
CHARGES AND FEES
You authorize Truck’n America and any payment processing service provider it may engage to charge your credit card for any products, or services you purchase through your use of this Site. You represent and warrant that you are the only one who will use your credit card in connection with this Site, and you shall be responsible for any and all uses of your credit card.
The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
RISK OF LOSS
All items purchased from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Truck’n America delivery to the carrier.
ACCEPTANCE OF ORDERS
The receipt of an order confirmation does not guarantee the acceptance of an order, nor does it constitute confirmation of Truck’n America offer to sell. Truck’n America reserves the right at any time to limit the quantity of items ordered and/or refuse to sell to any customer.
You can return online purchases for store credit only. All returns must be received by Truck’n America at the store you picked the item up at within 30 days of the original purchase date, and a copy of your receipt must be present with the return. You are responsible for the cost of returning the product to the Truck’n America location you picked up the item, and you bear all risk of loss of the product when you return it to Truck’n America. Truck’n America has no obligation to accept or provide any store credit for products that have been damaged or misused. Once a product is accepted by Truck’n America for return, you will receive an electronic refund, delivered via email, for the amount of the purchase price you paid for the product.
LINKS TO OTHER WEBSITES
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Any manufacturer’s warranties that may be disclosed in the packaging of a product sold to you through the Site are warranties made solely by the manufacturer directly to you, and Truck’n America has no responsibility for complying with those warranties. If you wish to receive warranty service or otherwise make a claim against the manufacturer’s warranty, please see the information provided within the manufacturer’s warranty statement for instructions on how to make your claim. Truck’n America cannot process or assist you with a claim made against a manufacturer’s warranty. If you wish to review the manufacturer warranty for any item available for sale through this Site prior to your purchase, you may email Truck’n America at information@trucknamerica and ask to receive a copy of the applicable manufacturer warranty, which Truck’n America will provide to you at no charge or provide you with the kink or contact to acquire the information your are requesting. If you e-mail Truck’n America, please include your name, your address, the name of the item, and the product number, if applicable.
THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND TRUCK’N AMERICA MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT ARE FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. FURTHER, TRUCK’N AMERICA MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. TRUCK’N AMERICA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, AVAILABILITY, TEXT OR PHOTOGRAPHY. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED ON THIS WEB SITE WILL BE AVAILABLE AT ALL TIMES, OR THAT THEY WILL BE AVAILABLE ON THE BASIS OF ANY INDICATED TERMS OR CONDITIONS. IN NO EVENT SHALL EITHER TRUCK’N AMERICA OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Under no circumstances whatsoever shall Truck’n America aggregate liability resulting from your use of this Site exceed Five Dollars ($5.00).
PROHIBITED ACTIVITIES AND VISITOR OBLIGATIONS
As a visitor to this Site you shall not:
- a. violate any applicable local, state, national or international statute, regulation, or law;
- b. upload, post, use, transmit, or otherwise make available, including by e-mail, any content or information that is false or inaccurate;
- c. upload, post, use, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
- d. impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- e. engage in any activities or manipulate identifying material to misrepresent the origin of content;
- f. upload, post, use, transmit, or otherwise make available any content that is subject to any disclosure restrictions;
- g. upload, post, use, transmit, or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, publicity or privacy right, or any other proprietary rights;
- h. upload, post, use, transmit, or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- i. upload, post, use, transmit, or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- j. interfere with or otherwise limit the use of this Site by other users; or collect, compile, or store personal information about other users of this Site;
- k. disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites; or
- l. use this Site for commercial purposes.
You agree that you are solely responsible for any content (e.g., text, images, photographs, videos) and information that you upload, post, use, transmit or otherwise make available on or through this Site ("User Content"). Although Truck’n America has no obligation to screen, edit or monitor any of the User Content or user conduct on this Site, Truck’n America reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on this Site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By posting User Content to this Site or transmitting User Content through this Site, you hereby irrevocably consent to the unlimited reproduction, distribution, display, performance, and other use by Truck’n America of your name; image; likeness; voice; username; caption; location information or other identifying information; biographical information; statements, quotes and stories; and any interior or exterior photographs or other depictions of your home, office, or vehicles which may or may not contain images of your family, friends, or pets (each, a "Likeness"), for any purpose, and in any format or medium now known or hereafter devised. Truck’n America may, in its sole discretion, and without providing notice to or receiving consent from you, modify, change, adapt, or otherwise alter a Likeness. The rights granted under this paragraph are without compensation or notification to you of any kind, except as required by law.
All User Content becomes the property of Truck’n America and Truck’n America may use the User Content for any purpose. See the Submission section below for more information.
THIRD PARTY PROVIDERS OF FUNCTIONALITY ON THE SITE
This Site may provide you and other users of this Site with the opportunity to tell Truck’n America and other users of this Site what you think about Truck’n America products or services ("Product Reviews"). Product Reviews may be facilitated or provided, in whole or in part, by a third party service provider. If you create and post a Product Review, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and Truck’n America does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Product Reviews shall not in any respect whatsoever modify any warranties, disclaimers, limitations, or obligations of Truck’n America. You agree that you are solely responsible for your use of Product Reviews, and that you use the Product Reviews at your own risk.
Truck’n America may provide functionality on this Site that allows you to chat with Truck’n America representatives via this Site ("Web Chat"). The Web Chat functionality may be provided, in whole or in part, by a third party service provider. Your Web Chat with Truck’n America shall not in any respect whatsoever modify any warranties, disclaimers, limitations, or obligations of Truck’n America. You agree that you are solely responsible for your use of Web Chat, and that you use Web Chat at your own risk.
SUBMISSIONS TO TRUCK’N AMERICA
Any and all materials you send or submit to Truck’n America or a third party provider on this Site, including, without limitation, comments, suggestions, Product Reviews, User Content, photos, or contest or sweepstakes entries (collectively, "Submissions"), shall become Truck’n America property; and you hereby transfer, sell, and assign to Truck’n America all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related copyrights, moral rights, trademarks, patents, trade secrets and/or other proprietary rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant Truck’n America an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicense able and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and publicly perform such Submission throughout the universe in any media, now known or hereafter devised. Truck’n America has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Truck’n America shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
CONTINUED OPERATION, ACCESSIBILITY, AND MAINTENANCE OF THIS SITE
Truck’n America may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and Truck’n America reserves the right to refuse service to anyone at any time, with or without cause.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Truck’n America reserves the right, without notice and in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders.
2130 Old Washington Road
Waldorf, MD 20601
Phone: 877-878-5639 ext. 8
Fax: 301-234-6307 (Attn: TrucknAmerica.com)
Truck’n America respects the intellectual property rights of others. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of others.
NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
2130 Old Washington Road
Waldorf, MD 20601
Phone: 877-878-5639 ext. 8
Fax: 301-234-6307 (Attn: TrucknAmerica.com)
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- 2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
- 3. a description of where the material that you claim is infringing is located on our website, with enough detail that we may find it on the website;
- 4. your address, telephone number, and email address;
- 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.