Terms and Conditions - Pro Trucking Dispatch

Last updated: December 13, 2021

Owner: Petar Jelić

Company name: Jovana INC

Address: 4424 N Wolcott Ave, 60640, Ap 3A

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the website (the “Service”) operated by (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Jovana INC.

Jovana INC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Jovana INC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Certain features of the Pro Trucking Dispatch may allow you to post, submit, store, or manage ideas, opinions, recommendations, data and information, including Information and literary, artistic, musical, or other content, such as photos and videos (both “Content”). By posting or publishing Content, you represent and warrant to us that you have all necessary rights to distribute Content to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the Content. You further represent and warrant that none of the Content you post or publish contains financial, privileged, confidential, personally identifiable or personal information of any kind whatsoever. You hereby grant to Pro Trucking Dispatch and our authorized personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable (in connection with an assignment of the Agreement), sublicensable (as necessary to provide the Pro Trucking Dispatch) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit information and Content as we in our sole and absolute discretion deem appropriate to perform and to promote (subject to your account settings) the Dispatch Services and in accordance with these Terms of Service. This license ends when you deactivate your Pro Trucking Dispatch Account. You acknowledge and agree that we will own all right, title, and interest in and to any materials, content, or other works of authorship created by us or on our behalf and used in connection with the Dispatch Services. We acknowledge and agree that, as between you and Pro Trucking Dispatch, you will own all right, title, and interest in and to Content you provide.

You will not copy, distribute or disclose any part of the Dispatch Services in any medium, including without limitation by any automated or non-automated “scraping”;

You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access Dispatch Services in a manner that sends more request messages to Dispatch servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Pro Trucking Dispatch grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);

You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Dispatch Services;

You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

You will not post or publish Content containing financial, confidential, privileged, personally identifiable or personal information;
You will not collect or harvest any personally identifiable information, including account names, from the Pro Trucking Dispatch services;
You will not access the Pro Trucking Dispatch services through any technology or means other than those provided or authorized by Dispatch;
You will not stalk, harass, bully or harm another individual who uses Pro Trucking Dispatch services;
You will not impersonate any person or entity or misrepresent your affiliation with a person or entity;
You will not hold Dispatch responsible for your use of or inability to use Pro Trucking Dispatch services;
You will not violate any requirements, procedures, policies or regulations of networks connected to Pro Trucking Dispatch;
You will provide truthful and accurate Content;
You will not cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of the Dispatch Services, including the de-indexing or de-caching of any portion of the Pro Trucking Dispatch services from a thirty party’s website, such as by requesting its removal from a search engine;
You will not upload any Content to the Pro Trucking Dispatch services that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
You will not use Pro Trucking Dispatch services (i) to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy rights, (ii) to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act), (iii) to engage in, promote or encourage illegal activity; (iv) for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website); (v) to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, malicious code, or other items of a destructive or deceptive nature; (vi) to interfere with use of the Dispatch Services, or the equipment used to provide the Pro Trucking Dispatch services, by customers, authorized resellers, or other authorized users; (vii) to disable, interfere with or circumvent any aspect of the Pro Trucking Dispatch services; (viii) to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations (“spam”); or (ix) to access any Google product or service in a manner that violates the terms of service of such Google product or service;
You will not use Pro Trucking Dispatch services for high risk activities such as the operation of nuclear facilities, air traffic control, or life support systems, where the use or failure of the Apps could lead to death, personal injury, or environmental damage, or use Pro Trucking Dispatch services to operate or enable any telecommunications service or in connection with any application that allows users to place calls or to receive calls from any public switched telephone network;
You will not use Pro Trucking Dispatch services to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the Department of State; and
You will not use Pro Trucking Dispatch services to post any content that we determine to be false, misleading, unlawful, discriminatory, abusive, libelous, defamatory, obscene, invasive, threatening, harassing, inflammatory or fraudulent.
Please let us know about any inappropriate behavior that you become aware of through Pro Trucking Dispatch services.

Purchased Services

If you elect to purchase a subscription to a paid version of an App (“Purchased Service”), then you will pay all fees specified by us at the time of purchase. Except as otherwise specified herein, (a) fees are based on your purchase regardless of whether or not you use the App, (b) payment obligations are non-cancelable and fees paid are non-refundable, and (c) the scope of access to the App purchased cannot be decreased during the relevant subscription period.

For the Purchased Service, you must provide us (through our designated payment processors) with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to us. If you provide credit card information to our designated payment processors, you authorize us to charge such credit card for the Purchased Service for the agreed subscription term. Such charges will be made and payable by you in advance, in accordance with the billing frequency specified by us. You are responsible for providing complete and accurate billing and contact information and notifying us of any changes to such information.

Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder. If we have the legal obligation to pay or collect Taxes for which you are responsible under this section, the appropriate amount will be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. We are solely responsible for taxes assessable against us based on our income, property and employees.

Pro Trucking Dispatch acknowledges in writing to customers that Pro Trucking Dispatch will maintain all applicable PCI DSS requirements to the extent Pro Trucking Dispatch possesses or otherwise stores, processes, or transmits payment cardholder data on behalf of the customer, or to the extent that they could impact the security of the customer’s cardholder data environment.

Intellectual Property Rights

Except for your Content, all information and materials contained on or within the Pro Trucking Dispatch , including, but not limited to, text, graphics, HTML, look and feel, images, illustrations, designs, audio, video, white papers, press releases, data sheets, names, product names or descriptions, icons, photographs, video clips, typefaces, software (both source and object code), format, queries, algorithms and written and other materials and information (collectively, “Pro Trucking Dispatch Content”), as well as their selection and arrangement, and all intellectual property and other rights relating to Dispatch Content, as between you and Pro Trucking Dispatch, are solely and exclusively owned by Pro Trucking Dispatch. You will not directly or indirectly copy, republish, frame, download, transmit, modify, display, distribute, reverse engineer or sell, in whole or in part, any Pro Trucking Dispatch Content or the Apps, or any related software or information, except as expressly permitted in these Terms of Service. Your unauthorized use of Dispatch Content violates these rights and these Terms of Service. Except as expressly provided in these Terms of Service, Pro Trucking Dispatch does not grant any express or implied rights or licenses to use Pro Trucking Dispatch Content. We reserve all rights not expressly granted in these Terms of Service.
All trademarks, service marks, logos, slogans and taglines displayed on or through Pro Trucking Dispatch are the property of Pro Trucking Dispatch and its licensors or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through Pro Trucking Dispatch services without the express written permission of Pro Trucking Dispatch, or such third-party that may own the trademark, service mark, logo, slogan or tagline. Third Party Content, such as data accessed through the Pro Trucking Dispatch services, is subject to the copyrights of those third parties.

Disclaimers

YOU AGREE THAT YOUR USE OF THE APPS AND DISPATCH SERVICES IS AT YOUR OWN RISK, AND THAT THE APPS AND SOFTWER AND ANY INFORMATION AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DISPATCH AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. DISPATCH AND ITS LICENSORS DO NOT WARRANT THAT ANY ASPECT OF THE APPS: (I) WILL OPERATE ERROR-, BUG- OR DEFECT-FREE, OR IS FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR IS COMPLETELY SECURE, (II) WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR PARTICULAR INTENDED USE, OR (III) WILL COMPLY WITH THE LAWS, REGULATIONS OR REGULATORY GUIDELINES THAT ARE APPLICABLE TO YOU.

THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE APP,S DISPATCH SERVICES AND/OR DISPATCH CONTENT RESTS WITH YOU AND YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER OR DEVICE, ANY LOSS OF DATA, OR ANY IMPROPER USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU OR ANY PERSON USING THE APPS INSTALLED ON A DEVICE OWNED OR CONTROLLED BY YOU OR ANY OF YOUR EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS OF ANY KIND. DISPATCH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY ADVICE, IDEAS, INFORMATION, CONTENT, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE APPS.

IN THE EVENT OF ANY PROBLEM WITH THE APPS, SOFTWER OR DISPATCH SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES.

PRO TRUCKING DISPATCH WILL NOT BE RESPONSIBLE FOR YOUR INTERNET SPEED (PROVIDER), OR YOUR BROWSER OF CHOICE

MONEY BACK AND REFUNDS

In the event that you purchase more than one product at the same time, Pro Trucking Dispatch guarantees a refund for the product purchased in error, within 30 working days. In case you buy the product by mistake, you are obliged to inform us within 24 hours, after which the refund will no longer be valid. Contact: In the event that you purchase more than one product at the same time, Pro Trucking Dispatch guarantees a refund for the product purchased in error, within 30 working days. In case you buy the product by mistake, you are obliged to inform us within 24 hours, after which the refund will no longer be valid. Contact: [email protected]