ATA terms for WIM
1. Introduction and Agreement.
This "Agreement"includes these Terms of Service, and ATA’s Privacy Privacy Policy | American Trucking Associations. Your continued use of WMF and/or other services (“Services” or “the Services”) provided by ATA shall constitute your ongoing consent and agreement to any revisions and additions ATA makes to this Agreement from time to time. This Agreement is a legally binding contract between you and ATA governing use of WMF. You may request a copy of this Agreement by emailing us at ataindustryaffairs@trucking.org.
BY USING WMF, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR OTHERWISE USE WMF OR ANY OTHER ATA SERVICE.
Publish Date: Nov 24 2023
2. Material Terms.
Without in any way limiting the express language of the Agreement, you agree and acknowledge that this Agreement includes the following material terms:
Third-Party Services. services provided as part of WMF may be subject to separate third-party terms of service and fees, including, but not limited to, the terms of service and fees imposed by your network operator ("Mobile Carrier") including fees charged for data usage and overage, which are your sole responsibility.
Privacy. You consent to the collection, use and storage of your personally identifiable and non-personally identifiable information in accordance with ATA’s Privacy Policy, including, but not limited to, the collection of your location information such as GPS coordinates.
Messaging. Messaging in, to, or about WMF or other ATA services may occur via a variety of electronic communications mechanisms.
No Warranties. WMF and all ATA services provided are provided “as is,” without warranties of any kind and ATA’s liability to you is limited.
Use of Mobile Devices While Driving. drive vigilantly according to road conditions and in accordance with traffic laws.BY USING THE MOBILE APPLICATIONS, YOU AGREE TO NOT USE THE SERVICES WHILE DRIVING. ATA SHALL HAVE NO LIABILITY OF ANY KIND OR NATURE WHATSOEVER FOR ANY FINES, VIOLATIONS, AND/OR ACCIDENTS THAT MAY OCCUR FROM ANY USER USING THE APPLICATION WHILE OPERATING A MOVING VEHICLE.
Claims and Class Action Proceedings. AGREE THAT YOU MAY BRING CLAIMS AGAINST ATA ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
3. Eligibility.
You must be at least eighteen (18) years of age to use the Services. By agreeing to this Agreement, you represent and warrant to ATA: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or prohibited from accessing the Services; and (iii) that your registration and your use of ATA the Services is in compliance with any and all applicable laws and regulations. If you are using the ATA Services provided through the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this Agreement and you agree on behalf of such organization that it shall be bound by this Agreement.
4. Accounts and Registration.
All information provided by You to gain access to the Services shall be in all material respects accurate and that you will update and maintain such information in a currently accurate state at all times.
5. Third-Party Services and Linked Websites.
You agree that you shall be solely responsible for, and assume all liability and consequences for all text, audio, messages, photos, images, and all other media content that you submit through to gain access to the Services along with all associated metadata (which may include, but not be limited to, your device type, date, time, application and location data associated with the creation and/or submission of the particular content (collectively, the “User Content”)).
Representations and Warranties. You represent, warrant, and covenant that (i) you either are the sole and exclusive owner of all User Content that you submit for access to the Services, or you have all rights, licenses, consents and releases that are necessary and appropriate under this Agreement and (ii) neither the User Content you submit nor your creation of, accessing, posting, submission or transmission of such User Content will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including without limitation restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise),or give rise to any right of payment of any amounts to any third party.
Objectionable User Content. You agree not to submit User Content that: (i) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes discrimination, bigotry, racism, or hatred, or is inappropriate for the type of form or field on the Platform for which you are providing User Content; or (ii) introduces viruses, time-bombs, worms, cancelbots, trojans and/or other harmful code.
7. Third-Party Materials and Linking to Third Party Sites.
Certain portions of the Services may include, display, or make available content, data, information, applications or materials from third parties (“Third-Party Materials”). You acknowledge that by using the Services, you may encounter Third-Party Materials and other content, such as third-party advertisements and promotional content (collectively, “Content”),that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language or that may automatically and unintentionally contain links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that ATA shall not have any liability to you for any Content that may be found to be offensive, indecent, or objectionable, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise. The Services may provide links to third party sites. Your use of and access to such sites is completely voluntary and not required to access the Services. The linked sites are not under the control of ATA, and ATA shall have no responsibility for the content of any linked site or subsequent links from that site to other sites, or for the security of any of your personal information that may be compromised by accessing such sites.
8. Use of the Platform.
Your rights to use the Services are expressly conditioned on the following:
Derivative and Other Works. Unless expressly permitted, you shall not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Services, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Services without prior written authorization.
Bypass of Security. You shall not bypass any security or other features of the Services designed to control the manner in which the Services are used, harvest or mine content from the Services, or otherwise access or use the Services in a manner inconsistent with individual human usage.
Extraction of Data. You shall not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data.
Fraudulent Activity. You shall not perform any fraudulent activity, including impersonating any person or entity without permission.
Harassing Conduct. You shall not use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that ATA is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Services.
Driving. You shall (i) not use the Services while driving and (ii) only use the Services after you have stopped your vehicle in an appropriate location permitted by law or have a passenger other than the driver use the Services, provided it does not interfere with the due course of driving and does not distract the driver.
Violation. You shall not do any of the acts described in this Section, or to assist or permit any person in engaging in any of the acts described in this Section. PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, WHETHER COLLECTED ORIGINALLY BY THE APPLICATION OR A THIRD-PARTY APPLICATION ORIGINATING A PIECE OF MEDIA CONTENT, AND ATA DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION DATA AND LOCATION-BASED SERVICES. By using the Services you agree to be bound to the terms of such Location-based-Services.
9. Termination.
This Agreement shall remain effective until terminated by you or ATA. Your rights under this Agreement and the revocable license granted herein will terminate automatically without notice from ATA if you fail to comply with any term(s) of this Agreement (including your violation of any license restriction provided herein).
10. Indemnification.
You will indemnify, defend and hold ATA, its affiliated entities and their respective members, managers, officers, directors, employees, agents, contractors, attorneys, representatives, successors and assigns (each, an “Indemnified Party” and collectively, the “Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs, liabilities or expenses including, without limitation, attorneys’ and experts’ fees and costs incurred in connection with any judicial or non-judicial third-party claim, demand or action (each, a “Claim”): (a) arising out of or allegedly arising out of (i) your use of the Services (ii) your breach of this Agreement; (iii) material submitted by you including, but not limited to, any claim that the use of your material infringes upon or violates any Intellectual Property Right of any third party or is inaccurate or misleading in any respect; (iv) your negligence or willful misconduct; or (v) your violation of or failure to comply with any applicable law, regulation or government agency guideline, including without limitation any federal or state privacy or consumer protection laws, demanding compensation or benefits, or pursuing any employment-related Claim, by any of your employees or contractors. ATA may, but shall not be obligated to, participate in the defense of any Claim. You will not settle any Claim against an Indemnified Party without ATA’s prior written consent.
11. LIMITATIONS ON LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ATA NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND/OR AGENTS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM: (I) ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY INFORMATION ON THE PLATFORM; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICES; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF THE SERVICES; AND/OR (IV) EVENTS BEYOND ATA’S REASONABLE CONTROL, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL ATA HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SIMILAR DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES HEREUNDER OR ANY OF THE SERVICES. FURTHERMORE, ATA SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR REVENUE INCLUDING, BUT NOT LIMITED TO, ANY LOSSES INCURRED AS THE RESULT OF THE LOSS OF USE OF ANY OF THE SERVICES, LOSS OF ANY DATA FROM ANY CAUSE, BUSINESS INTERRUPTION OR OTHER SIMILAR LOSSES. ATA’S TOTAL LIABILITY FOR ALL CLAIMS OF EVERY KIND AND NATURE WHATSOEVER UNDER THIS AGREEMENT REGARDLESS OF THE MANNER IN WHICH THE CLAIMS ARE ASSERTED INCLUDING, BUT NOT LIMITED TO, ANY CLASS ACTION, SHALL NOT EXCEED IN THE AGGREGATE THE TOTAL FEES YOU HAVE PAID FOR USE OF THE PLATFORM DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE ASSERTION OF SUCH CLAIMS.
12. NO WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THESE SERVICES IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL ATA SERVICES, MATERIALS AND CONTENT, ARE PROVIDED "AS IS" AND “AS AVAILABLE”, AND ATA HEREBY DISCLAIMS, ON BEHALF OF ITSELF, ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ATA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PLATFORM, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE PLATFORM WILL MEET YOUR REQUIREMENTS, THAT THE USE OF ATA SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN ATA SERVICES WILL BE CORRECTED. ATA EXPRESSLY DISCLAIMS ANY WARRANTIES RELATING TO THE ACCURACY OF INFORMATION FOR WHICH THE SERVICES ARE DERIVED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
13. Third-Party Disputes.
ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, ADVERTISER, OR OTHER THIRD-PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER USER OF THE SERVICES, IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY, AND YOU IRREVOCABLY RELEASE ATA (AND ATA’S OFFICERS, DIRECTORS, MEMBERS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
14. Governing Law.
The laws of the District of Columbia shall govern this Agreement and your use of the Platform. To the extent that any action relating to this Agreement is permitted to be brought in a court of law, such action shall be subject to the exclusive jurisdiction of the state and federal courts located in Washington, DC and you hereby irrevocably submit to personal jurisdiction in such courts.
15. International Use.
The Services are controlled and operated from within the United States. ATA makes no representation that the Services are appropriate or available in locations outside the United States. Those who choose to use the Services from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content including, but not limited to, laws regulating the collection, export, use or storage of data from the United States or your country of residence.
16. Modification of this Agreement.
ATA reserves the right, in its sole discretion, to modify this Agreement on a going-forward basis at any time, with or without prior notice, and such changes will be effective as provided herein. In the case of material changes to this Agreement, ATA will make reasonable efforts to notify you of the change. Any modification to the Agreement will be effective upon the earlier of (i) your first use of the Services with actual notice of such change; or (ii) 30 days from posting of such. Your use of the Services following the date that any such change becomes effective constitutes your agreement to be bound by the modified Agreement. If you do not agree to the modified Agreement, your sole and exclusive remedy is to cease use of the Services. Disputes arising under this Agreement will be resolved in accordance with the version of the Agreement that was in effect at the time the dispute arose.
17. General.
Entire Agreement. This Agreement constitutes the entire agreement between you and ATA with respect to the subject matter contained in this Agreement.
Headings. Titles and section headings in this Agreement are for the purpose of reference, are inserted for convenience only and shall in no way limit, define, or otherwise affect the provisions of this Agreement.
Independent Contractors. The relationship between you and ATA is that of independent contractors. Neither you, on one hand, nor ATA, on the other hand, has or will have any power to bind the other or to create any obligation on behalf of the other, nor shall either represent that it has any such power.
No Representations or Warranties. Other than as specifically set forth herein, there are no other representations, agreements, arrangements, or other understandings, oral or written, between you and ATA with respect to the subject matter of this Agreement. Additional terms and conditions to this Agreement will not be valid or enforceable unless approved in writing by both you and ATA.
No Waiver. The failure by either you or ATA to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions, or prevent you or ATA from thereafter enforcing that provision or provisions and every other provision of this Agreement.
Severability. The provisions of this Agreement are severable, and if any one or more provisions are determined by a court of competent jurisdiction to be unenforceable, in whole or in part, then the remaining provisions shall nevertheless be binding and enforceable.
Binding Effect Except as otherwise provided herein, this Agreement is binding upon and inures to the benefit of you and ATA and, as applicable, the heirs, devisees, executors, administrators, legal representatives, successors in interest and assigns of you and ATA.
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the District of Columbia.
Dispute Resolution. You and ATA shall use best efforts to resolve any and all Claims and disputes arising under this Agreement, first through good faith negotiations and without initially resorting to litigation or other similar proceedings; provided, however, that either you or ATA shall be entitled to: (i) seek injunctive relief in any court of competent jurisdiction to avoid irreparable harm for breach of this Agreement; or (ii) commence litigation in the venue set forth below to avoid a Claim being barred by an applicable statute of limitations, without first attempting to resolve such Claim or dispute through good faith negotiations or mediation. If you and ATA are unable to resolve any Claim or dispute via good faith negotiations, then you and ATA shall, prior to commencement of any legal action or suit, participate in nonbinding mediation proceedings, with a mediator chosen jointly by you and ATA and with the costs of mediation divided equally between you and ATA. Should mediation not result in a mutually acceptable agreement and resolution of the Claim, then the claiming party shall be entitled, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either at law or in equity, to obtain damages for breach of this Agreement. Notwithstanding the foregoing, neither party shall be prevented from seeking an injunction at any time.
Venue. With respect to any dispute involving this Agreement, venue shall lie exclusively in either (i) the United States District Court for the District of Columbia or (ii) the Superior Court of the District of Columbia sitting in Washington, DC.
WAIVER OF JURY TRIAL. YOU WAIVE, IRREVOCABLY AND UNCONDITIONALLY, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION BROUGHT ON, UNDER, OR BY VIRTUE OF, OR RELATING IN ANY WAY TO THIS AGREEMENT, OR ANY CLAIMS, DEFENSES, RIGHTS OF SET-OFF OR OTHER ACTIONS PERTAINING TO THIS AGREEMENT OR TO ANY OF THE FOREGOING.
Attorney’s Fees. If any legal action arises under this Agreement or by reason of any asserted breach of it, then the prevailing party in such action shall be entitled to recover all costs and expenses, including reasonable attorneys’ fees, incurred in such action. The amount of attorneys’ fees shall be determined by the court sitting without a jury.
Section Headings. Section headings in this Agreement are for convenience only and will not have any impact on the interpretation of any provision. If any provision of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the District of Columbia.
Venue. With respect to any dispute involving this Agreement, venue shall lie exclusively in either (i) the United States District Court for the District of Columbia or (ii) the Superior Court of the District of Columbia sitting in Washington, DC.
Amendment. This Agreement may not be amended or otherwise modified except as expressly provided herein. If at any time ATA updates any of the terms and conditions contained herein, you will be required to agree to such updated terms and conditions.
Assignment. This Agreement is and shall be freely assignable by ATA. You shall not assign or otherwise transfer this Agreement or any of its rights or obligations thereunder to any other person or entity without the prior written consent of ATA.
Force Majeure. The performance by ATA of its obligations under this Agreement shall be excused by any cause or circumstance beyond ATA’s reasonable control including, but not limited to, acts of God or nature, war or warlike conditions, terrorism, riot, embargoes, acts of civil or military authority, fire, flood, accidents, pandemic or other public health emergency, strikes or labor shortages, sabotage, shortages in fuel, transportation facilities or materials, or failures of equipment, internet, telecommunications facilities or third party software programs.
Survival. Upon termination of this Agreement, any provision that by its nature or express terms should survive, will survive.
18. Contacting ATA.
You can contact ATA by email at ataindustryaffairs@trucking.org, or by U.S. post 80 M Street, SE Washington, DC 20003.
19. Contacting ATA.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding this Agreement.