TransIT Terms of Service

 

Welcome to TransIT, a transportation management system that enables trucking companies, owner operators to manage their trucking operation. We value you as a customer. In order to avoid conflict of interest and protect everyone we require anyone using any of our service thru this site or other means need to follow and agree to the terms and conditions listed here in. Further, you confirm that by using our websites or services, you are agreeing to our terms and conditions as listed here.

 

You should also read the TransIT Privacy Policy, which is incorporated by reference into this Agreement and available on the Website. If you do not accept and agree to be bound by all of the terms of this Agreement, including the transittms.com Privacy Policy, do not use the Website or any of our Service. Please contact us with any questions regarding this Agreement.

 

 Acceptance of Terms of Use Agreement

This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Website or any services provided by TransIT. By accessing the Website or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Further, using the Service, you consent to receive this Agreement in electronic form by using the Service. To withdraw this consent, you must cease using the Service and terminate your account.

  • Account Terms of Use Agreement.
  • You must be 18 years old to use this service
  • You must provide Your Full Legal Name, Legal Company Name, DBA Name, Official Address, Phone Numbers, Email Address, DOT Number, MC Number, EIN/SSN, etc to sign up for the service and you agree that you will update any changes in these information promptly.
  • You are responsible for maintaining the security and confidentiality of your account in terms of protecting your username and password. TransIT cannot and will not be liable for any loss or damage from your failure to comply with this security obligation
  • You are responsible for all activity that occurs under your account
  • You may not use the Service for any illegal or unauthorized purposes. You must comply with all laws in your jurisdiction including copyright laws.
  • You are solely responsible for all the contents posted to any service/website that TransIT provided under this agreement and further you are solely responsible for downloading and backing up the data you stored in any service TransIT provided.
  • TransIT shall have no responsibility for lost, stolen, inaccurate or misleading data or other information stored on or provided through the Service.

 

  • You agree and aware that for the purpose of the agreement the governing law will be based on the Dallas County, Texas, USA Judicial Courts and in any event, the venue will be only in the courts available in the Dallas County, TX, USA.

 

Subscription Payment, Downgrade, Upgrade, Refund Terms

 

  • A valid Credit Card is required for the service
  • Your service will be billed on a monthly basis in advance of the month.
  • All fees are non-refundable once charged. Your monthly fees will be deducted no later than 3rd of each month. There will be no refunds or credit for partial months of service or months unused.
  • By signing up for the service, you authorize us to charge your credit card on monthly basis for the fees for services you signed up untill your subscription is terminated properly.
  • You understand TransIT has the right to make changes to services and fees and at times we evaluate our services and fees, and subject to changes in the services and fees as required. In such event you will be informed of the service changes or fee increases thru website. Your services will be updated to reflect such changes and if any billing rate increase, then the new rate will be billed effective following month.
  • If we offer free trial you are not charged any fees for the trial period. After trial period if you continue to use the service you will be charged then current monthly subscription. Therefore, it is your responsibility to cancel the service prior to the end of trial period. You must cancel in your Online account and in paypal account the subscription if you decided to end the subscription at anytime. Email or Phone cancellations will not unsubscribe you from the service.
  • If you downgrade your service, you may lose data, features or capacity of your account. TransIT does not accept any liability for such loss.
  • Our fees do not include taxes, levies, or duties imposed by taxing authorities and you will be responsible for the payment of all such taxes, levies, or duties.

Cancellation and Terminations

You are solely responsible for properly canceling your account. A written or phone request to cancel your account is not considered cancellation. You can cancel your account at any time and for any reason by logging in to your account at transittms.com.

  1. Once cancelled all of your data will be permanently deleted from the service 30 days after cancellation, and you will not be able to recover any of your information. If you wish to have records of the information stored you must either print, download, save/backup such data prior to termination.
  2. If you cancel the service in the middle of paid month you will not be charged next month.
  3. TransIT, in its sole discretion, has the right to suspend or terminate any account and refuse any and all current or future use of the Service, or any other TransIT service, at any time and for any reason or no reason, including, but not limited to, by reason of your nonpayment of any amount when due. Such suspension or termination of the Service may result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account.
  4. Add on service such as website are all required paid subscriptions. If you terminate subscription add on services also discontinue.
  5. It is your responsibility to update Expired Cards. In the event expired cards we will terminate your account after 30 days.

Changes to services and Prices

  • TransIT reserves the right and at any time and from time to time to modify or discontinue. temporarily or permanently, the service with or without notice
  • Prices of the service including subscription plan fees to the service are subject to change. If any such changes occurs the new fee will updated on our website and your next monthly billing will reflect the change.
  • TransIT will not be held liable to anyone in the event such price modification, suspension, or discontinuance of the service.
  • TransIT services are web oriented, and web technologies continuously evolve on daily basis. We try our best to keep up to the evolution however we do not guarantee new features released will be free of bugs or will give any specific results.
  • TransIT is compatible with most latest versions of the browsers how ever it may not be compatible with all or may display slightly differently in different browsers.

Copyrighted Data and Ownership

All the content you posted to the site or services must be totally your own. Copyrighted materials of other people should not be posted to the site. Liability for anything you post is totally on you. However if any such claim appear from outside person or entity we may remove such content.

The Content, look, and feel of the TransIT service and websites are copyrighted © 2015, TransIT TMS, All Rights Reserved. You should not duplicate, copy, distribute, public display, commercially exploit, scrape, data mine, use data gathering tools,  reuse any portion of the service including the sources code, design elements, our service marks etc without express written permission from TransIT.

In any event, we find that you are using methods to exploit or copy such copyrighted materials from our services, TransIT at its sole discretion, limit access to site and/or terminate their account.

You may suggest ideas to improve our service but giving such idea does not entitle you any compensation. Please note that by giving such ideas to us you giving us full permission to incorporate such features without compensation or approval.

General Conditions

  • You understand and agree that TransIT is only able to offer such pricing based on the Terms of Service and Refund Policy. The services would have been priced very higher if Terms of Service and Refund Policy did not contain exclusions and limitations.
  • You understand and agree that TransIT offers service on as “AS IS” and “AS AVAILABLE” basis. You use TransIT at your sole risk. TransIT provides No warranty, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for particular purpose, competent manner or non-infringement. Therefore, if you desire protection against business interruption or other risks of loss, you may need to purchase insurance from an insurance provider.
  • Although TransIT may have features that can be used for transportation purpose by no means we warrant that it is adequate for any laws and regulation that federal, state DOT and other authorities legal requirements. Therefore, it is solely your responsibility to ensure you are adequately following all regulations and as such.
  • TransIT provides technical support to paying account holders and is available thru chat, email and online forum. All support requests will be responded on first-come, first-served basis.
  • You understand TransIT uses third party vendors to provide necessary hardware, software, networking, storage, and related technology required to run the service and may not be able to solve all the technical issues immediately.
  • You agree that you will not modify, adapt, hack, or reverse engineer, reproduce, duplicate, copy, sell, resell, or exploit any portion of the TransIT service without express written permission from TransIT
  • You agree you will not post any information unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or other objectionable or violate any party’s rights or this terms of service. Further, you agree TransIT has the right to remove any information from any site but have no obligation of such removal.
  • You understand that verbal, physical, written or other abuse (including threats of abuse or retribution) of any TransIT customer, employee, member, or officer will result in immediate account termination.
  • You understand that the technical processing and transmission of the Service, including your data, may be transferred unencrypted and involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You agree that you will not upload, host, or transmit unsolicited email, SMSs, or spam messages, worms, viruses, or any malicious codes. Further, if we determine your actions causing issues to our services we at TransIT reserves the right to shutdown, cancel, terminate your account without notice or refund.
  • Any linked sites we provided in our services are solely for the convenience to users. Such linked sites are not under our control and TransIT is not responsible and do not endorse any content on those sites provides. Your independent judgment is advised on this matter.
  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER TRANSIT NOR ITS VENDORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRANSIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR LOSS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
  • YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST TRANSIT ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY BREACH, ACT OR OMISSION ON THE PART OF TRANSIT OR ITS VENDORS, SHALL BE YOUR RIGHT TO CANCEL THE SERVICE AT ANY TIME AND RECEIVE A REFUND IN ACCORDANCE WITH AND TO THE EXTENT PROVIDED BY THE REFUND POLICY.
  • The failure of TransIT to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision by such party. These Terms of Service, together with the Refund Policy and the Privacy Policy, constitutes the entire agreement between you and TransIT and govern your use of the Service and supersedes any prior agreements between you and TransIT (including, but not limited to, any prior versions of the Terms of Service).
  • TransIT has right to make public reference and use your name in promotional materials as required. Information TransIT collects is not shared or distributed to third parties or other companies. TransIT also has right to promote our services through advertisements, links and or text boxes in the header and footer sections of all websites hosted on our server.
  • You agree to indemnify and hold TransIT and its affiliates and vendors harmless from and against any and all claims, demands, suits, proceedings, liabilities, damages, costs,expenses, awards and losses, including reasonable attorneys fees, suffered or incurred by TransIT or any of its affiliates or vendors on account of any breach by you of any of the these Terms of Service or otherwise arising out of your use of the website or the Service.
  • In the event any provision of these Terms of Service is held invalid, illegal or unenforceable, the remainder of the provisions of these Terms of Service will in no way be affected, impaired or invalidated, and to the extent permitted by applicable law, any such provision shall be restricted in applicability or reformed to the minimum extent required for such provision to be enforceable.
  • These Terms of Service, Refund Policy, and Privacy Policy, may be amended or modified only by TransIT by posting the revised terms on the Service; oral and other statements by representatives or employees of TransIT are not binding.
  • You understand and agree that these Terms of Use, Refund Policy, Privacy Policy and any other agreement with you shall be construed under the laws of Texas, without regard to its principles of conflict of laws. Exclusive venue for any dispute between the parties arising under or relating to the Service, these agreements, the construction or any breach thereof, shall be in the State and Federal courts located in Dallas County, Texas. You hereby waive any defense or challenge to that jurisdiction based on lack of personal jurisdiction, improper venue, or inconvenience of forum.