Terms of Use
Effective: August 2022 Your use of the website located at www.hellotrucklease.com (the "Site") is governed by these Terms of Use. Please read the Terms of Use carefully. By accessing the Site or downloading any materials from the Site, you agree to these Terms of Use. If you do not agree to them, do not use the Site or download any materials, and exit the Site immediately. These Terms of Use are in addition to any other agreement between you and Hello Truck Lease including those relating to any of the information or materials available via the Site. NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY. Definitions. When we say "we" or "us" or "Hello Truck Lease" in these Terms, we mean Hello Truck Lease, our affiliates and those agents we use to provide services on our behalf. When we say "Site", we mean www.hellotrucklease.com and all other websites developed, owned or maintained by Hello Truck Lease and its affiliates. Authorized Use. Use of the Site is for informational purposes only. Hello Truck Lease is not responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics or any other materials (collectively, the "Content") transmitted or made available via the Site. Hello Truck Lease is not responsible or liable for any decisions made in reliance on such information. Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party's use and enjoyment of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Hello Truck Lease to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by Hello Truck Lease, or (vii) for any use other than the purpose for which it was intended, is prohibited. Site Content. All content accessible within the Site (including without limitation, the "look and feel" of the Site, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as all trademarks and service marks) is proprietary to us or to other parties who have consented to our use of it in accordance with applicable law, including applicable international treaties. You may not (i) copy, reproduce, transmit, alter, publish, distribute, or create derivative works from the Site content; (ii) frame or deep-link to the Site; or (iii) use meta tags or any other text utilizing our or our content providers' trademarks or service marks on or in connection with another domain name or Site. The only exception to this is that you may print out a copy of pages solely for your personal use. In so doing, you agree that you will not remove or alter any copyright, trademark or any other proprietary notice or legend appearing in any of the Site content. All names, logos, and trademarks are the property of Hello Truck Lease, its affiliates, related companies or its licensors or joint venture partners. Hello Truck Lease's trademarks and brand names may be used only as stated in these Terms of Use or with prior written permission from Hello Truck Lease. Submissions. No questions, comments, suggestions, information, ideas, concepts, photographs, graphics, or other materials, whether oral, written or electronic (collectively, "submissions"), will be considered or treated as confidential information. Accordingly, do not submit or send any submission to us that you consider contains confidential or proprietary information. Any submission, or any other content of any sort transmitted by you, other than personal data which is covered by our Privacy Policy, will be considered non-confidential and non-proprietary and Hello Truck Lease will not be subject to any restrictions or obligations with regard to it. Privacy. Unless otherwise addressed in these Terms of Use, your use of the Site is subject to Hello Truck Lease's Privacy Policy. It is important that you read and understand the terms of the Privacy Policy. Hello Truck Lease may cooperate with and disclose information to any authority, government official, or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from illegal action or infringement, whether related or unrelated to your use or misuse of the Site. Violations. Hello Truck Lease reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access and/or account. Hello Truck Lease may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by Hello Truck Lease's Privacy Policy, Hello Truck Lease reserves the right at all times to disclose any information as Hello Truck Lease deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hello Truck Lease's sole discretion. Third Party Web Sites. In some instances, the Site may reference or link to third party web sites. Should you choose to visit those web sites, please remember that Hello Truck Lease is not responsible for their content, their terms of use, or their privacy policies. We encourage you to read and review the terms of use and other legal terms and policies of all web sites you visit. You understand that Hello Truck Lease will not be liable to you in respect of any loss or damage which you may suffer by using those web sites. You agree that you will not involve Hello Truck Lease in any dispute between you and a third party. Indemnity. You agree to indemnify and hold harmless Hello Truck Lease, and its owners, partners, and affiliates, and their respective officers, directors, employees, representatives, contractors and agents (collectively, the "Indemnified Parties") from any actions, liability, loss, claim, damage, or expense, including attorneys' fees and expenses, related to your (i) use of the Site, (ii) violation of these Terms of Use, or (iii) reliance on any of the materials or information or other content available via the Site. Disclaimer of Warranties; Limitation of Liability. Hello Truck Lease makes no representation or warranties, express or implied, with respect to the accuracy or completeness of the content, information, graphics, text, links, or other material contained on this Site and is not responsible for any errors or omissions in the content of this Site. To the extent permitted by applicable law, everything on the Site is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, habitability, or non-infringement. You acknowledge that any reliance upon the Site or the information, material, systems, services, or products contained or discussed therein shall be at your sole risk. In no case shall Hello Truck Lease, our directors, officers, shareholders, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our website or any products or services procured using the Site, or for any other claim related in any way to your use of our website or any product or service procured using our website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. IN NO EVENT SHALL Hello Truck Lease'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE WEBSITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. No Investment Advice. None of the information provided through the Site constitutes investment advice, and the views expressed should not be taken as advice to buy or sell any security or investment product. Governing Law; Dispute Resolution; Arbitration; Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in the City of Nashville and County of Davidson. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. ARBITRATION. AT THE COMPANY'S SOLE DISCRETION, IT MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THE USE OF THESE TERMS OF USE OR THE SITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING TENNESSEE LAW. CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR HELLO TRUCK LEASE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. Changes to these Terms of Use. We reserve the right, in our discretion, to modify these Terms of Use at any time. We will post the revised Terms of Use on the Site with an updated "Effective" date. Changes will be effective upon posting. If you object to any changes, your only recourse is to stop using the Site. Your continued use of the Site following the posting of any revised Terms of Use will constitute your acceptance of such changes. Miscellaneous. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use, together with Hello Truck Lease's Privacy Policy, constitute the entire agreement between Hello Truck Lease and you with respect to use of the Site. Contact Us. Hello Truck Lease, 5511 Virginia Way Suite 400, Brentwood, TN 37027 | info@hellotrucklease.com