TMC Transportation Terms and Conditions

Last modified: September 30, 2016

Welcome to TMC Transportation!

Thank you for using our products and services (“Services”). The Services are provided by TMC Transportation Inc. (“TMC”), located at 6115 SW Leland Avenue, Des Moines, IA 50321, United States Corporate 800-247-2460.

By downloading or using our Services, these terms will automatically apply to you and you are agreeing to these terms and conditions. Therefore you should make sure you read them carefully before using our Services.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms and conditions become part of your agreement with us if you use those Services. If you do not agree to these terms and conditions, you should not access or use these Services.

Using our Services

TMC is committed to ensuring that the Services are useful and efficient as possible. For that reason, we reserve the right to make changes to the Services at any time for any reason. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of the Services will signify your continued agreement to the Terms and Conditions. We may also wish to stop providing the Services, and may terminate use of it at any time without giving notice of termination to you. The Services, and all the trade marks, copyright, database rights and other intellectual property rights related to it, below to TMC.

We are offering you these Services to use for your own personal use without cost, but you should be aware that you have certain responsibilities:

Do not misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display content or links to other websites, applications or content that is not owned or managed by TMC. This information is intended to connect you easily with additional sources of information or third party services that may be of interest. This content is the sole responsibility of the entity that makes it available. TMC is not responsible for the content, security or practices of Third Party Providers. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies and/or the law.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws. Please be aware that if you are using Services that require an internet connection, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing Services, or other third party charges. TMC is not responsible for any charges incurred while accessing Services.

User TMC Account

You may be required to a have an active TMC Account in order to use some of our Services. You may create your own TMC Account, or your TMC Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a TMC Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your TMC Account, you are responsible for taking all reasonable steps to ensure that no unauthorized person shall access your account, including but not limited to, keeping your password confidential. You are responsible for the activity that happens on or through your TMC Account. Try not to reuse your TMC Account password on third-party applications.

If you learn of any unauthorized use of your password or TMC Account, contact a TMC representative immediately.

Privacy and Copyright Protection

Information Collection, Use, and Sharing

TMC is the sole owner of the information collected from our Services. TMC only has access to/collect information that is provided while using our Services. TMC will not sell or rent this information to anyone.

TMC will use your information to respond to you, regarding the reason you contacted us. TMC will not share your information with any third party outside of our organization.

Unless you ask us not to, we may contact you via email, text message or other methods in the future to tell you about business opportunities or changes to this privacy policy.

TMC responds to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

Security

TMC will take precautions to protect your information. When you submit sensitive information via our Services, your information is protected both online and offline.

While we use encryption to protect sensitive information transmitted online, TMC also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

User Content in our Services

Some of our Services may contain comment sections, discussion forums, or other interactive areas that allow you to upload, submit, store, send or receive content. You are solely responsible for your use of any interactive areas, you use them at your own risks and you retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

By submitting user content through content uploaded, submitted, stored, sent or received to or through our Services, you automatically grant TMC (and those we work with) a worldwide license to use, host, store, reproduce, modify, adapt, edit, translate, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content in any form, media, technology now known or hereafter developed without payment to you or to any third parties. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to TMC Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. You represent and warrant to TMC that you have full legal right, power and authority to grant TMC the license herein. User content submitted by you will be considered non-confidential and TMC is under no obligation to treat such user content as proprietary information except as pursuant to our Privacy Policy.

Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

If you have a TMC Account, we may display your Profile name, Profile photo, and actions you take on TMC or on third-party applications connected to your TMC Account (such as +1’s, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your TMC Account. For example, you can choose your settings so your name and photo do not appear in an ad.

If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER TMC, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICES PROVIDED THROUGH THE SITES.

THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TURNER, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF TURNER OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT TURNER AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

TMC disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing our Services, you acknowledge and agree to TMC’s disclaimer of any such liability. If you do not agree, you should not access or use the Site.

Indemnification

You agree to defend, indemnify and hold harmless TMC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Services by you or your Account. TMC reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide TMC with such cooperation as is reasonably requested by TMC.

Governing Law

The content, data, video, and all other material and features provided are presented for the purpose of providing news and/or information and/or promoting programs, and other products and/or services. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of Services, and/or the provision of content, services, and/or technology on or through the Services shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Iowa.