Truck Buds Terms of Service – Updated as of January 12, 2020
Truck Buds Defined Terms of Service
BY DOWNLOADING THE APP, USING THE WEBSITE 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 to individuals and businesses.
Truck Buds is strictly a technology platform connecting two parties for moving and general labor services. 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, and handling of merchandise, goods, and cargo is not the responsibility of Truck Buds.
Damages and Disputes
When placing an order, Truck Buds offers the consumer an option to purchase insurance for every order processed through our lead generation platform that covers the property during loading/unloading and during the transportation process. If you, or any party directed by you, helps with the loading and / or loading process and damages occur, the insurance protection is void.
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 regarding damages, an insurance claim will need to be filed. Unless insurance is purchased when your order is submitted, Truck Buds has no legal liability to handle the dispute. However, we will make every effort to help resolve the issue for both you and the individual(s) in question.
For consumers who have elected to purchase insurance through our platform, have had damage, and would like to make a claim, please file your initial claim at truckbuds.com/insurance-claims to begin the process. All claims will go through the same process of validation, where consumers will be asked for before and after photos, which show the damage to the 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 consumer’s 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 it 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 value provided. 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 is determined.
Rights to Cancel
You have the right to cancel your order at any time, 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 any time 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 any time without charge if the individual(s) or business do not meet the requirements of the job requested. For example, they do not have the appropriate equipment for transport, a vehicle other than the type of vehicle requested shows up and cannot perform the task due to size or limitations, 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 not only your duty to report the issue to Truck Buds but also to the authorities if they 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 AMOUNT OF INSURANCE THAT THE CONSUMER PURCHASED THROUGH TRUCK BUDS WHEN PLACING THE ORDER.
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
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, you understand, acknowledge, and agree that Truck Buds offers no assurance or insurance coverage for yourself or your property. Further acknowledgments and understandings include that Truck Buds will not be and is not liable for any pain, suffering, or injury resulting from or occurring while in the process of working on or for a consumer you were connected to through our technology, personnel, or by any other means of receiving the lead information.
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 driver’s license or insurance changes, they will notify Truck Buds immediately.
Independent Drivers Acknowledgement
Independent drivers operate their own vehicles for transport of merchandise, goods, or cargo at their own risk. At a minimum, all drivers must meet Truck Buds requirements for independent drivers, including but not limited to passing a background check with no felonies,having a legal, current driver’s license, and the minimum amount of insurance required by the state they live and are operating within. Drivers should also consider obtaining commercial insurance to further protect their vehicles.