Truck Buds Terms of Service – Updated as of October 01, 2018
Truck Buds Defined Terms of Service
BY DOWNLOADING THE APP, USING THE WEDSITE OR OTHERWISE ACCESSING OR USING THE TRUCK BUDS PLATFORM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. Please read all of the terms before you use the Truck Buds Platform. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the platform.
Truck Buds General Liability
Truck Buds is a technology platform connecting independent pickup truck owners, box truck owners, owners of trailers or any other type vehicle that could be used to transport cargo, merchandise or goods for individuals and businesses.
Truck Buds is strictly a technology platform connecting two parties for needs met, we make no promises, commitments or guarantees or enter into any agreement or obligation with either the consumer utilizing our platform or the individuals utilizing our leads based technologies.
Consumers utilizing our technology platform, our database, independent labor, referred partner programs or any service listed by Truck Buds is solely an introduction to an individual, party, group of people or independent business willing to do the work you requested. Truck Buds does a very thorough process of screening all parties, but holds no authority over these individuals, parties, groups or independent businesses. These individuals are not employees, contractors or sub-contractors of Truck Buds and their actions, services or handling of merchandise, goods or cargo is not the direct responsibility of Truck Buds.
Damages and Disputes
Truck Buds offers a Five Hundred protection for every order processed through our lead generation platform that covers the property during the transportation process and where a request where two individuals were handling the property in question. If you or any party directed by you helps with the loading and / or loading process and damages occur the offer protection is void. The protection offer also does not cover any damages to other property, including walls, floors, vehicles, ceilings, windows or any other property or structure that may have been damaged during the loading and unloading process.
If you have a dispute with any driver or representative at any point during the process you may call in with the issue to attempt to have us help resolve the dispute at (800) 513-1718 If the dispute is over damages, you may call in or email us directly at email@example.com providing detailed information and images representing the damages. Truck Buds has no legal liability to handle the dispute, but will make every effort to help resolve the issue for both you and the individual(s) in question.
Rights to Cancel
You have the right to cancel your order at anytime, before an individual or business has confirmed your request. We believe in a fair system between both parties, “if” you need to cancel your order at anytime after the confirmation has been completed, there will be no charge if the individual has not incurred any travel time, labor, effort or expense on your behalf. If your confirming party has already made a reasonable effort of travel and time on your behalf you will be charged the base fee of $25.00 per individual you requested. You may also cancel your order at anytime without charge if the individual(s) or business doesn’t meet the requirements of the job requested. Ie, they do not have the appropriate equipment for transport, the vehicle cannot perform the task due to size or limitations and you / or you believe the individual(s) state-of-mind may be impaired by a substance that could alter or impair their ability to perform the task. In this instance, it is your duty to not all report the issue to Truck Buds, but the authorities if the pose a risk to you and / or the general public.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TRUCK BUDS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE TRUCK BUDS PLATFORM (INCLUDING THE APP AND ANY REQUEST OR BID), SERVICES PERFORMED BY HELPERS, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF TRUCK BUDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF TRUCK BUDS AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED THE FEE OF FIVE HUNDRED DOLLARS ($500.000)
Third Party Software
The software you download consists of a package of components, including Google, Apple, Microsoft, Azure and other third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third-party software.
Consent to Electronic Communications
By using the Truck Buds Platform, you agree that we may communicate with you electronically regarding your use of the Truck Buds Platform and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at firstname.lastname@example.org
For consumers who have elected to purchase insurance through our platform and have had damage and would like to make a claim, must file their initial claim at truckbuds.com/insurance-claim to begin the process. All claims will go through the same process of validation, where consumers may be asked for before and after photos, photos of damage to property, as well as a detailed description of how the damage occurred.
Truck Buds platform is available across the United States with either the company acting directly on a consumers behalf or a third party Regional Owner acting on the behalf of a consumer. Regardless of the operator of the platform, all claims must go through Truck Buds and is the sole responsibility of Truck Buds to handle the insurance claim and pay out valid claims. No other party, partner or individual will be held liable for the completion, communication or payment of a claim.
Truck Buds has the right to due diligence when reviewing a claim, ensuring the claim is truthful, merited and falls within the policy the consumer has paid for.
Truck Buds also has the right to fulfill the claim either by replacing, fixing or compensating the consumer in the manner we deem best, practical and efficient to resolve the matter. Merchandise, Goods and Cargo that have been damaged will be paid at fair market value up to the amount selected at the time of checkout. We will not payout for sentimental value, desired worth or at any other cost given. Furthermore, Truck Buds holds the right to hold a claim up to 30 days before payment is made or a decision of denial on the claim and payment is made.
Signing Up for Truck Buds Platform Acknowledgement
Any individual, group or business signing up for use of our platform understands and acknowledges that they are not an employee of Truck Buds, nor a contractor, sub-contractor or by any means directly connected to Truck Buds, less the leads based system they have signed up for.
For individuals utilizing and signing up for our leads based platform, understand, acknowledge and agree that Truck Buds offers no assurance, insurance coverage for themselves or their property. Further acknowledgments and understandings include that Truck Buds will not and is not liable for any pain, suffering or injury resulting or occurring while in the process of working on or for a consumer they were connected to through our technology, personnel or by any other means of passing the lead information to the them.
Drivers and Laborers agree that any time the status of their criminal background check has changed or has the potential to change, they must notify Truck Buds immediately. Drivers agree that if the status of their drivers license or insurance changes that they will notify Truck Buds immediately.
Regional Owners Understanding
Regional Owners understand that these are the policies and procedures for insurance claims, drivers, laborers, partners, businesses and / or groups of people and are to only direct consumers on where and how to begin the insurance claim.
Regional Owners are not liable for any insurance claims, damage to merchandise, goods or cargo unless found grossly negligent in the process. Regional Owners may not speak on behalf of the company on the time, process or possibilities of an insurance claim at any time. The Regional Owner and / or any employees that fall under the regional owners control or authority may only take one course of action and that is to direct the consumer on how to begin the claims process.
Understanding “Gross Negligence” as it pertains to any claim being made in a Regional Owners area of operation. If the code of conduct by a Regional Manager or Employee of the regional manager has directed, given a lead, assigned a request or task to a driver, laborer or partner of the Truck Buds platform, knowing that they are A.) intoxicated, chemically altered by legal or illegal drugs or any way impaired or possible physical and mental capabilities diminished. B.) Assigning a task to an individual, group, laborer or partnership knowing that either themselves or vehicle does not have the capabilities or capacity to safely and successfully complete the consumer request, in question. C.) Assigning a task to an individual, group of people or laborer that Truck Buds has officially stated “We Don’t Do” Such as: Slate Pool Tables, Pianos of any kind, Gun Safes over Three Hundred Pounds (300 lbs). However, these requests may be sent out to approved third party partners that specialize in the types of requests.
Regional Owners operating their own vehicles for transport of merchandise, goods or cargo, are also using these vehicles at their own risk, they must have state required insurance and should consider obtaining commercial insurance to further protect their vehicles. All drivers of these vehicles must meet the same requirements as independent drivers, including but not limited too passing a background check with no felonies and have a legal, current drivers license and the minimum amount of insurance required by the state they live and are operating within.