Terms and Conditions

Updated: 03 June 2024

TRANSPO ASSIST, LLC – Platform Terms of Use

1.  General

Each of the websites, mobile sites, mobile applications, products, services and other technologies (are referred to herein as the “Platform”) offered for use to You (“You” or “User”) is owned and operated by TRANSPO ASSIST, LLC or a TRANSPO ASSIST, LLC subsidiary or affiliate, (collectively “Company”, “We”, “Us” or “Our”).  Some of the Company offerings through the Platform are available only on a subscription basis (“Subscription”) to paying subscribers (“Subscribers”). Features and content available to Users are subject to change, including discontinuation, at any time and without notice. Subscriptions available to Subscribers are subject to change, including discontinuation, at any time, subject to additional terms and conditions that may apply to each specific Subscription. You agree that the Company shall not be liable to You for any such modifications to the Platform.  Accessing the Platform, in any manner, whether automated or otherwise, constitutes use of the Platform, and your agreement to be bound by these Terms of Use. By using the Platform, You agree to use the Platform in accordance with these Terms of Use, Our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Platform or to products and services available on or through the Platform

Company reserves the right to modify these Terms of Use at any time. Continued use of the Platform after Company posts any such changes (regardless of notice) will constitute your acceptance of the Terms of Use, as modified.

Company also reserves the right to terminate your use of and access to the Platform (or any part thereof) without prior notice, including if You do not comply with these Terms of Use at any time. In the event of any termination, any restrictions imposed on You with respect to material downloaded from the Platform, and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive. In Our sole discretion and without prior notice or liability, Company may discontinue or modify any aspect of the Platform. Further, You agree that Company shall not be liable to You or any third party for any termination or cancellation of your access to or use of the Platform in accordance with the terms set forth herein.

If You do not agree with these Terms of Use, or the revised Terms of Use as may be updated from time to time, do not use the Platform or any of the products or Platforms available on or through the Platform.

2. Intellectual Property Rights

(A) Our Limited License to You. The Platform and all the materials contained on it are Company property and/or the property of Company affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. Company provides the Platform to You for personal noncommercial use only. You may only use this Platform and the materials on it as authorized by us. You may not use this Platform or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to Company or a third party. Company reserves the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Platform (or any portion of the Platform) for violation (whether repeated or not) of copyrights or any other rights belonging to Company or a third party. Unless authorized in these Terms of Use or by the owner of the materials, You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Platform.

(B) Your License. By posting or submitting any material (including, without limitation, text, photos, and videos) to the Platform, You represent and warrant: (i) that You are the owner of the material, or that the owner of the material has consented to your use; and (ii) that You are eighteen (18) years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

When You submit or post material, You grant to Company the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material.

(C) Notice of Copyright Infringement. If You are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Platform in a manner that constitutes copyright infringement, please report the violation to Company at copyright@transpoassist.com. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms of Use or on the Platform.

Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed;
(2) a description of the location of the allegedly infringing material on the Platform;
(3) your contact information, including your address, telephone number, and, if available, email address;
(4) your statement that You have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that You are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

3.  Message Boards and Other Interactive Features

This Platform may include interactive features, including, but not limited to, message boards, Web logs, email services, and areas that allow uploading of user-generated content (the “Interactive Features”). You are responsible for any material that You post on message boards or provide through any other Interactive Features on the Platform. Company does not control the messages, information, or files that You or others may provide through the Platform. Company provides these features for the use of civil conversation and interaction between the Platform community of Users. This Platform, including its Interactive Features, shall be used for lawful purposes only; You shall not: 

Engage in any conduct that, in Our sole judgment, restricts or inhibits any other user from using or enjoying the Platform. 

  • Post or transmit any material that violates Our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right. False and misleading information is also prohibited. This includes:
    •  Copying entire articles or videos from other information sources online. Link, cite, and provide a summary of the resource instead.
  • Use the Platform to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. Interfere with or disrupt any servers or networks used to provide the Platform or its features, or disobey any requirements, procedures, policies, or regulations of the networks the Company uses to provide the Platform.
    • Usernames must be inoffensive and not misleading. Examples of usernames that do not meet these requirements would be any that include profanities, rude/sexist/racist comments, the names of real people other than yourself, political or religious expressions, any phrases with the intent to incite, and recognizable trademarked names. Using “TRANSPO ASSIST”, “Transpo Assist”, “transpo assist”, or anything similar within your username is also not permitted as it is reserved for official TRANSPO ASSIST roles.
  • Interfere with or disrupt any servers or networks used to provide the Platform or its features, or disobey any requirements, procedures, policies, or regulations of the networks the Company uses to provide the Platform.
  • Use the Platform in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
    • Attacks on individuals, social, ethnic, or political groups and figures, insults, name-calling, trolling, bullying, baiting or other attempts to sow dissension or incite Users.
  • Gain unauthorized access to the Platform, or any account, computer system, or network connected to this Platform, by means such as hacking, password mining, or other illicit means.
  • Obtain or attempt to obtain any materials or information not intentionally made available through this Platform.
  • Use the Platform to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
  • Use the Platform to post or transmit any information, software, or other
  • material that contains a virus or other harmful component.
  • Use the Platform to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
  • Engage in advertising or commercial solicitation of any product or Platform, or to solicit donations of any kind on the Platform, without Our written consent.
  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Platform.

Company shall have the right, but no obligation, to monitor the content of any message boards or other Interactive Features to determine compliance with these Terms of Use and any other operating rules Company establishes. Company shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other Interactive Features of the Platform. Notwithstanding this right, Users shall remain solely responsible for the content of their messages. Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other Interactive Features of the Platform, whether it is provided by Company, Company employees, or a third party. Under no circumstances will Company be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other Interactive Features of the Platform. Company is not responsible for any offensive, defamatory, or obscene posting made on the message boards or other Interactive Features of the Platform.

Company reserves the right at all times to disclose any information Company believes necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Company’s sole discretion are inappropriate, objectionable or in violation of these Terms of Use. Company also reserves the right to deny access to the Platform or any features of the Platform to anyone who violates these Terms of Use, or who, in Company’s sole judgment, interferes with the ability of others to enjoy the Platform or infringes the rights of others. Neither Company nor any third-party content provider shall assume or have any liability for any action or inaction by Company or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other Interactive Features of the Platform. 

The information contained in any directories that may be provided on the Platform is provided for Platform information only and is not to be used for marketing or telemarketing applications. Directory information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. Neither Company, nor Our suppliers, will be liable in any way with regard to such information.

4.  Registration and Passwords 

To access certain features of the Platform, Company may ask You to provide Personal Information (as defined in Our Privacy Policy), such as your name, email address, ZIP code, and date of birth. You will provide true, accurate, current, and complete information about yourself for any registration form located on the Platform. If the Company suspects that information You provide is untrue, inaccurate, or incomplete, Company may, in its sole discretion, suspend or terminate your account and refuse all current or future use of the Platform. Company use of any Personal Information You provide to Company as part of the registration process is governed by the terms of Our Privacy Policy.

You may need a username and password to use certain features of the Platform. By registering on the Platform, You agree that You will not (i) select or use a username or email address of another person with the intent to impersonate that person; (ii) use a username or email address subject to the rights of any person without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a username that Company, in Company’s sole discretion, deems inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by You or by others) that occur under your password or account. You will notify Company immediately of any unauthorized use of your password or account or any other breach of security. Company assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

5.  General Disclaimers

The Platform may provide links to websites maintained by third parties. Any information, products, software, or Platforms provided on or through third-party sites are controlled by the operators of such sites and not by Company or Company affiliates or subsidiary companies. When You access these third-party sites, You do so at your own risk.

THE INFORMATION, PRODUCTS AND PLATFORMS OFFERED ON OR THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE PLATFORM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS PLATFORM, INCLUDING MESSAGE BOARDS, OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, USERS, OR OTHER USERS OF ANY MESSAGE BOARDS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER. 

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE PLATFORM OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE PLATFORM OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM.

You must provide and are solely responsible for all hardware and/or software necessary to access the Platform. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

Any financial or legal information provided on the Platform is for informational purposes only, does not constitute legal advice, and is not intended for trading or investing purposes. The Platform should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume any and all risk for your use of financial or legal information provided on the Platform.

6. Limitation of Liability

TO THE FULL EXTENT PERMITTED BY LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR RELATING DIRECTLY OR INDIRECTLY TO THE PLATFORM, REGARDLESS OF CAUSE OF ACTION (TORT, CONTRACT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT AND UNDER NO THEORY EXCEED THE LESSER OF a) THE AMOUNT PAID BY THE RESPECTIVE PARTY TO US DURING THE YEAR PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR b) U.S. $100.

IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PLATFORM OR RELATED ONLINE PLATFORMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MESSAGE BOARDS OR OTHER INTERACTIVE FEATURES, OR OUT OF THE BREACH OF ANY WARRANTY. 

YOU AGREE THAT THESE LIMITATIONS ARE OF THE ESSENCE OF THESE TERMS OF USE AND ARE A REASONABLE, BARGAINED-FOR, AGREEABLE ALLOCATION OF RISK WITHOUT WHICH THE PLATFORM COULD NOT BE PROVIDED, AND THAT THESE LIMITATIONS SHALL APPLY TO ALL CLAIMS RELATED TO THE TERMS OF USE OR TO THE RELATIONSHIP AMONG THE PARTIES, EVEN IF ANY LIMITED REMEDY IN THESE TERMS OF USE OR ASSOCIQTED AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

7.  Third-Party Sites

Certain sections of the Platform may provide links to sites of third parties, where You may be able to purchase online many different types of products and services that are provided by third parties. Company is not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. If You make a purchase from a merchant on a site linked to by the Platform, the information obtained during your visit to that merchant’s online store or site, and the information that You give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant that offers or sells products or Platforms through the Platform may have privacy and data collection practices that are different from Ours. Company has no responsibility or liability for these independent policies. For more information about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You agree that neither Company nor Company affiliates are responsible for any damages that You incur, and You will not assert any claims against Company nor Company affiliates, arising from your purchase or use of any products or Platforms made available by third parties through the Platform.

8. Limited License

Company grants You a nonexclusive, nontransferable, limited right to access and use the Platform and all the tools in the Platform for your personal, noncommercial use, provided that You comply fully with the provisions of these Terms of Use. You agree not to assign, transfer, or sublicense your rights.

9. Monitoring, Copying, Altering, or Interfering with the Platform

You agree that You will not use any robot, spider, web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy Company web pages or the content contained on the Platform without Company prior expressed written permission. You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure. You agree that You will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Platform without Company prior expressed written permission or the appropriate third party.

10. Indemnification

You understand and agree that You are solely and personally responsible for your behavior on the Platform. You agree to indemnify, to defend, and to hold harmless TRANSPO ASSIST, LLC, its affiliates, licensors, employees, agents, and any third-party information providers to the Platform from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorney’s fees, resulting from or arising out of your use, misuse, or inability to use the Platform or by any violation of these Terms of Use by You.

11.  Dispute Resolution

These Terms of Use and the relationship among a User or Subscriber and Company are to be governed and construed according to Texas and United States law, without regard to conflicts of law. Any dispute arising hereunder or relating directly or indirectly to a relationship with a User or Subscriber must be filed within one (1) year after the cause of action arose, and shall be resolved solely in the state or federal courts located in and for Denton County or Dallas County, Texas. By accessing the Platform, a User or Susbcriber expressly consent to the jurisdiction and venue of those courts and waive any objections based on inconvenience or otherwise. Before beginning any legal action, Users or Subscribers must first make a good faith effort to resolve the matter informally for at least 30 days after providing Company notice of the dispute at concierge@transpoassist.com.

TO THE FULL EXTENT PERMITTED BY LAW, EACH USER OR SUSBCRIBER HEREBY WAIVES TRIAL BY JURY OF ANY DISPUTE RELATING DIRECTLY OR INDIRECTLY TO THE RELATIONSHIP BETWEEN THE APPLICABLE PARTY AND COMPANY. IF COMPANY MUST ENFORCE OR DEFEND OUR RIGHTS UNDER THIS AGREEMENT OR OTHERWISE, COMPANY SHALL BE ENTITLED TO RECOVER REASONABLE ATTORNEYS’ FEES AND EXPENSES INCURRED. EACH USER OR SUSBSCRIBER AGREES TO RESOLVE ANY DISPUTE WITH COMPANY ONLY ON AN INDIVIDUAL BASIS, IN AN INDIVIDUAL CAPACITY, AND NOT FOR OR WITH ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

12. Other Terms

These Terms of Use constitute the entire agreement between Company and You with respect to the subject matter contained in these Terms of Use and supersede all previous and contemporaneous agreements, proposals, and communications, written and/or oral. You also may be subject to additional terms and conditions that may apply when You purchase and/or use (i) a Subscription, and/or (ii) the products or services of a third party that are provided on or through the Platform. In the event of any conflict between any such third-party terms and conditions and these Terms of Use, solely with respect to the Platform, these Terms of Platform shall govern.  The foregoing provisions of these Terms of Use are for Company benefit and the benefits of Company affiliates, third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

No joint venture, partnership, fiduciary, or agency relationship exists between Company and any User or Susbcriber, and nothing in these Terms of Use or any other documentation referenced herein shall be construed to create such a relationship. No User or Susbcriber has any authority whatsoever to make any statement, representation, or commitment of any kind on behalf of Company, to bind Company to the performance of any duty, or to accept any responsibilities on behalf of Company. If any of these Terms of Use is determined to be void or unenforceable, it will be deemed severed and the rest will continue to be enforceable. This is the entire agreement relating to the subject matter herein and may not be modified except in writing signed by Company.