Terms and Condition
EFFECTIVE DATE: February 6, 2022
ACCEPTANCE OF TERMS/TERMS OF SERVICE
SupportTheTruckers.org (also known as SupportTheTruckers and Support The Truckers)
This Agreement constitutes the complete and entire understanding between SupportTheTruckers.org and you in connection with your use of this Website, content and software displayed on the Website, and hyperlinks to the Website. This Agreement supersedes any prior agreements, proposals, and or understandings between you and SupportTheTruckers.org, including but not limited to prior versions of the Agreement. The failure of SupportTheTruckers.org to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one 60 days after such claim or cause of action arose or be forever barred.
These Terms and Conditions may only be modified by an authorized executive of SupportTheTruckers.org.
These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
SupportTheTruckers.org processes payment transactions through 3rd-party payment solutions. SupportTheTruckers.org is not a chartered banking entity. All funds that are not part of a fee paid to SupportTheTruckers.org are paid directly to 3rd-party payment solutions.
You will not hold SupportTheTruckers.org liable or responsible for any funds or tax obligations on those funds paid to 3rd-party payment solutions.
Donors agree not to involve Support The Truckers (SupportTheTruckers.org) in any litigation that occurs due to using the website.
Support The Truckers (SupportTheTruckers.org) will not be held liable for any loss or damage due to failure to comply to the terms of this agreement.
Electronic communications from SupportTheTruckers.org will be sent to Donors to inform them of the status of their Donation. You agree to allow SupportTheTruckers.org to send these communications to your email address. You also agree that SupportTheTruckers.org is not liable for any user generated content that is sent to you as a part of these communications.
As a Donor to a SupportTheTruckers.org online campaign page you have the option to publicly display your donation for all to see. To hide your name, check the "Anonymous" box during the donation process.
As a Donor, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a Contribution. All Contributions are made voluntarily and at your sole discretion and risk. SupportTheTruckers.org doesn't guarantee that Contributions will be used as promised or that the Campaign will achieve its goals. SupportTheTruckers.org does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, or Contribution, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Contribution for tax purposes.
As a Donor you agree that in the event funds that have been donated by a Donor to a campaign and are not requested for transfer to the Campaign owners (SupportTheTruckers.org) account or requested for refund by the Donor with 45 days of donation, then those amounts will be available for disbursement to SupportTheTruckers.org to be used for SupportTheTruckers.org's initiative. As a Donor by accepting the terms and condition when donating you agree to having a SupportTheTruckers.org user account created for the purpose of receiving donation receipts and keeping track of any Donations done through the SupportTheTruckers.org platform.
TRANSACTIONS BETWEEN PARTIES
SupportTheTruckers.org serves as a funding platform for Donors to the SupportTheTruckers Campaign. SupportTheTruckers.org does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by SupportTheTruckers.org or the intended beneficiary. In addition, donations made on SupportTheTruckers.org are non-refundable. All further dealings following a contribution are solely between Donors and SupportTheTruckers.org or the intended beneficiary.
DISPUTES BETWEEN SUPPORTTHETRUCKERS.ORG AND CONTRIBUTORS
SupportTheTruckers.org does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the SupportTheTruckers.org or the intended beneficiary. In addition, donations made on SupportTheTruckers.org are non-refundable.
SupportTheTruckers.org makes no guarantees regarding any aspect our third party payment processor's decision to transact donations between the SupportTheTruckers.org and the Donor. SupportTheTruckers.org is the only party that can initiate refunds, and it is at their own discretion to do so. If monies are refunded by SupportTheTruckers.org in error no monies will be returned until after a period of 45 days.
Contributions, along with our fees and charges, are not refundable. Donations made on SupportTheTruckers.org are non-refundable.
If SupportTheTruckers.org should receive notification from its third party payment processor(s) of an unauthorized payment/Chargeback made to SupportTheTruckers.org, SupportTheTruckers.org will be obliged to immediately (upon notification by Donor) return the disputed funds until the investigation is completed. Any fees associated with chargebacks by Donors will be charged to the Campaign Owner. Donors have 45 days to dispute an unauthorized payment/Chargeback.
TAXES - TAX DEDUCTIONS
Support The Truckers (EIN: 82-1734133) is a 501c(3) Non-Profit organization and therefore your donation is tax-deductible. To claim a deduction, simply forward your Donation receipt to your tax accountant/advisor.
THIRD-PARTY WEBSITES, ADVERTISERS OR SERVICES/NON AFFILIATED CONTENT, SITES, AND SERVICES
The SupportTheTruckers.org website and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of SupportTheTruckers.org, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
SupportTheTruckers.org contain links to social media sites, including but not limited to authentication modules and fundraising modules. These links are provided solely as a convenience to You and not as an endorsement by SupportTheTruckers.org of the content on such social media sites. SupportTheTruckers.org is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with SupportTheTruckers.org is at your own risk.
You agree that SupportTheTruckers.org shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with third party sites or vendors. If there is a dispute between participants (Donors) on this site, or between users and any third party, you understand and agree that SupportTheTruckers.org is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release SupportTheTruckers.org (Support The Truckers), its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 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/her must have materially affected his/her settlement with the debtor."
If you are a Donor that uses our third party payment processing, you agree to comply with their Acceptable Use Policy.cation, suspension or discontinuance of the Service.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you the Donor, but may be assigned by SupportTheTruckers.org without restriction or consent.
DISCLAIMER OF WARRANTIES/NO WARRANTY/DISCLAIMER
SupportTheTruckers.org (Support The Truckers) has no fiduciary duty to you. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE THAT USE OF THE SupportTheTruckers.org SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. SupportTheTruckers.org DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SupportTheTruckers.org SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SupportTheTruckers.org SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SupportTheTruckers.org DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SupportTheTruckers.org SITE OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
LIMITATION OF LIABILITY
SupportTheTruckers.org (Support The Truckers, INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES YOU PAID TO SupportTheTruckers.org FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SupportTheTruckers.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
GOVERNING LAW/FORUM OF DISPUTE
These Terms and Conditions and our provision of services to you shall be governed by the laws—state, federal, or otherwise—applicable in the State of New Jersey, without regard to its conflict of law provisions. You and SupportTheTruckers.org agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Burlington, New Jersey.
You agree that: (i) the Service shall be deemed solely based in New Jersey (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over SupportTheTruckers.org, either specific or general, in jurisdictions other than New Jersey.
Any dispute arising from or relating to these Terms and Conditions or our provision of services to you must be resolved in a court of competent jurisdiction in the State of New Jersey.
If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion.
Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements.
You and SupportTheTruckers.org each agree that any and all disputes or claims that have arisen or may arise between you and SupportTheTruckers.org relating in any way to or arising out of this or previous versions of the Terms or your use of or access to the Service shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of the Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent:
Support The Truckers
ATTN: Registered Agent
200 Walt Whitman Ave, Suite 42
Mount Laurel, NJ 08054
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in the county of Burlington New Jersey. Subject to the arbitration provisions set forth above, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, cost, and disbursements.
WAIVER AND RELEASE
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
We do not represent that materials on the SupportTheTruckers.org site are appropriate for use in all locations. Persons who choose to access the SupportTheTruckers.org site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Donors who access or use the Service do so at their own volition and are entirely responsible for compliance with applicable law.
You agree to indemnify and hold SupportTheTruckers.org, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
COOPERATION WITH AUTHORITIES AND POLICE ENFORCEMENT
SupportTheTruckers.org will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
You agree SupportTheTruckers.org may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website.
All subpoenas must be properly served on SupportTheTruckers.org, preferably by mailing the subpoena to SupportTheTruckers.org, our New Jersey registered agent. Please find below the New Jersey address for SupportTheTruckers.org:
Support The Truckers
ATTN: Registered Agent
200 Walt Whitman Ave, Suite 42
Mount Laurel, NJ 08054
If you have a subpoena to serve on SupportTheTruckers.org, please note that SupportTheTruckers.org does not accept service via e-mail or fax and will not respond to the subpoena.
These Terms are the entire agreement between you (the Donor) and SupportTheTruckers.org regarding its subject matter. In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it. If two or more provisions are deemed to conflict with each other's operation, SupportTheTruckers.org, shall have the sole right to elect which provision remains in force. SupportTheTruckers.org’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
CHANGES TO THIS AGREEMENT
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at info@SupportTheTruckers.org or at address:
200 Walt Whitman Ave, Suite 42
Mount Laurel, NJ 08054