Terms of Service
This web page represents a legal document that serves as the Terms of Service for our website, www.triplogmileage.com (“Website”), as well as our mobile application (“Application”), as owned and operated by TripLog, Inc. The last update to our Terms of Service was posted on September 17, 2015.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website.
If you do not accept our Legal Terms, you should not access our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The terms “us” or “we” or “our” refers to TripLog, the owner of the Website.
An “Account” is a single individual’s access point to our Service and encompasses the features as found on our Website and within our Application. There are 3 types of Accounts: Admins, Accountants, and Drivers. An “Admin” is a Member that represents a business and has identified their Account as such. An Admin can manage all aspects of our Service, including creating additional Accounts for other Members of the business to work with the Admin in managing data. A Member with an “Accountant” account can view reports produced from the Service for Driver Accounts. A Member with a “Driver” account can manage their Account, sync/upload data to the Service, and view their own reports. Any Member requiring concurrent access with other Members will need his or her own separate Account.
A “Child” is someone under the age of 18 years old.
A “Member” is any person using our Service.
Our “Service” refers to a Member’s use of the features found within our Website. Any new features added to our Website also become subject to our Legal Terms.
A “Visitor” is someone who merely browses our Website.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid features of our Website and/or Service, are collectively known as our “TripLog Content”. We may refer to information, data, images, text, and other content provided by our Members as “Member Content.” When we refer to our Website, our TripLog Content, Service, and Application are all included by reference, though we may refer to such items individually, where applicable.
TripLog grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with our Legal Terms.
Our Relationship to You
TripLog is strictly a venue that does NOT enter into any other relationship with you, other than that of an independent contractor. Our Legal Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and TripLog or our affiliates.
Eligibility and Registration for Membership
You may view some of our Content without becoming a Member of our Website. However, to use our Website, you must register and become a Member. Your membership is not transferable or assignable and is void where prohibited. You certify that you are at least age 18 years of age or older.
Any registration by any Member in contravention of the above limitations is unauthorized, unlicensed and in violation of our Legal Terms. You agree to abide by all of the terms and conditions of our Legal Terms. TripLog has the sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.
When you complete the registration process, you will create a password that will allow you to access our Website. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security regarding your account or information. You agree that TripLog shall not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Any image or text you upload to our Website is considered Member Content. By uploading Member Content, you warrant to TripLog that you have legal right, whether by ownership, license, or otherwise, to transmit, display, and use the underlying associated image. You are solely responsible for insuring that you do not infringe upon the rights of any third parties in such Member Content and for any legal damages caused by your transmission, use, or display of Member Content.
You understand Member Content may contain material that is considered offensive, indecent, or objectionable. We have no control over Member Content provided by Members and do not in any way guarantee the quality, accuracy or integrity of such Member Content. TripLog is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, TripLog may submit all necessary information to the proper authorities.
If your Member Content is reported to TripLog as being in violation of third party rights, offensive or inappropriate, we may ask you to retract or otherwise modify the questionable content within 24 hours of being notified by TripLog. Should you fail to comply with such a request, TripLog has full authority to either restrict your ability to post OR to immediately terminate your account without further notification to you. Without limiting the foregoing, we have sole discretion to remove any Member Content that violates our Legal Terms or is otherwise objectionable in our sole discretion.
You acknowledge that TripLog is NOT liable for loss or damage to Member Content nor do we warrant that we may have a backup of your Member Content. You should always maintain your own backup copies of Member Content.
TripLog does not make any ownership claims to your Member Content. However, by uploading Member Content, you grant TripLog a limited license to process and back up the Member Content internally and for purposes of providing the Service to you. TripLog does not publish or share Member Content with any third-party without your permission.
Digital Millennium Copyright Act Compliance
TripLog follows the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Website, please provide us with a written notice via mail, fax, or email that contains the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on our Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; AND
A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
TripLog will only respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
You agree not to use our Website to do any of the following:
1) upload, post or otherwise transmit any Member Content that:
- violates any local, state, federal, or international laws.
- infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
- links directly or indirectly to any materials to which you do not have a right to link.
- contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
- contains Website viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer Website or hardware or telecommunications equipment, or to extract information from our Website.
- contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
- in the sole judgment of TripLog, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose TripLog, our affiliates, or our Users to any harm or liability of any type.
2) use our TripLog Content to:
- develop a competing Website or help anyone else to do the same.
- create compilations or derivative works as defined under copyright laws.
- re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
- decompile, disassemble or reverse engineer our Website and any related Website.
- use our Website in any manner that violates our Legal Terms or any local, state, federal, or international laws.
3) use your account to:
- allow another person to login as you.
- violate any local, state, federal, or international laws.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyrights. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind.
Linking to Our Website
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. TripLog has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
TripLog reserves the right to change any and all TripLog Content and features of our Website, at any time without notice. While our Website is currently free to use, we may begin charging for use of all or part of its features at any time, without notice to you. Our Website may be temporarily unavailable from time to time for maintenance or other reasons. TripLog assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member Content. TripLog is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, Website, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Website, related to or resulting from using, uploading, or downloading materials in connection with our Website. Under no circumstances will TripLog be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, or for any interactions between Users of our Website, whether online or offline.
OUR WEBSITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TripLog, INCLUDING ALL OF OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. TripLog CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE. TripLog DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH TripLog CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TripLog. OUR WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.
Limitation of Liability
TripLog, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website; (b) the unavailability or interruption of our Website; (c) your use of our Website; or (d) any delay or failure in performance of our Website.
TripLog AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TripLog AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR WEBSITE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.
IN NO EVENT WILL TripLog OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR THE USE OF OUR WEBSITE, EVEN IF TripLog IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TripLog’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR WEBSITE.
Use of our Service requires payment. TripLog reserves the right to increase our Service fees without notice. We currently use PayPal and CardConnect to process payments and do not store any bank or credit card information on our Website. You represent and warrant that when you make any payments to TripLog for use of our Service:
- You agree to pay the fees at our then-current prices as posted on our Website, including any applicable taxes
- You agree to provide true and complete credit information;
- You agree that fee will be honored by your bank or credit card company; AND
- You agree that if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
- You agree that you will be charged during your subscription period for each Account you have created at the time you become a Member, regardless of whether you are using all Accounts. Once your subscription period ends, you can alter the number of Accounts in use.
We do not offer refunds for the use of our Service, except for the first 30 days of the initial term, in which we offer full refund guarantee.
Free Trial Accounts
We offer the ability to create a free 30-day trial Account (“Free Trial”) for the use of our Service. If you sign-up for a Free Trial, you acknowledge that once the trial period has expired, your Free Trial will be converted into a regular Account and that you must then pay our post fees to continue using our Service. You acknowledge that we are not obligated to offer or continue offering these Accounts and may terminate your Free Trial before the expiration of the trial period at our sole discretion.
TripLog has a zero-tolerance policy regarding payment charge-backs and we ask that you contact us if you have an issue any payment for using our Website. However, if you start a charge-back process regarding our Website with your bank or credit card company, TripLog reserves the right to immediately terminate all of your Accounts with our Service. Your account and the payment information you provided will be blacklisted in our systems. Should we do this, you will never again be able to use our Website and you will be liable for any administrative costs we incur in processing the charge-back.
Use of Member Communication
All remarks, suggestions, ideas, graphics, or other information communicated by you to us regarding general improvements to the Website and that are not Member Content (collectively, “Communication”) is considered our property. To the extent that such Communication contains copyrighted, either owned by you or licensed to you, you grant TripLog a perpetual, irrevocable, royalty-free, worldwide license to use such Communication as we see fit, in any form whether on our Website or elsewhere. We will not be required to treat any Communication as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our Service or other operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Communication of every kind and nature everywhere. We will be entitled to use the Communication for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Communication. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You agree to indemnify, defend and hold harmless TripLog and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or your use of our Website.
Termination of Your Account
You acknowledge that if you violate the terms of our Legal Terms, TripLog reserves the right to terminate your Accounts without notice. You may also voluntarily terminate your Accounts. You understand that if your Accounts are terminated, you will lose access to our Service and any Member Content you have provided. You understand that we are not obligated to cease use of your Member Content or remove it, though we may take either or both of these actions at our sole discretion. You understand that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our Website.
Any legal controversy or legal claim arising out of or relating to our Website, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, your interference with our Website operations or infringement of our intellectual property, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted before a single arbitrator selected at random by the Association, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction within the State of Washington or elsewhere as necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs, though the prevailing party may seek return of its fees and costs, including reasonable attorney fees.
Our Legal Terms shall be treated as though it were executed and performed in the State of Washington, and shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any TripLog Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of TripLog under our Legal Terms shall survive the termination of our Legal Terms.
ADP® Integration Terms (when applicable)
This Agreement is between TripLog and the Customer.
TripLog, and not ADP or its vendors, is solely responsible for providing, maintaining, supporting and updating the Application and its associated services. TripLog shall provide product support for the Application. Customer may access support via the following means: [email protected]
TripLog HEREBY DISCLAIMS ON BEHALF OF ADP AND APPDIRECT ANY EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS OR WARRANTIES, AND ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Customer’s and End Users’ sole and exclusive remedies shall be against TripLog. ADP and AppDirect shall have no liability or obligation to Customers or End Users.
Customers and End Users will not (i) decompile or reverse engineer the ADP Marketplace or take any other action to discover the source code or underlying ideas or algorithm of any components thereof, (ii) copy the ADP Marketplace, (iii) post, publish or create derivative works based on the ADP Marketplace, or (iv) remove any copyright notice, trade or service marks, brand names and the like from the ADP Marketplace or related documentation.
ADP and AppDirect are third party beneficiaries of the above described terms and each are entitled to enforce such terms as if they each were a party to this agreement.
TripLog shall indemnify, defend and hold harmless Customer and its employees from and against any and all suits, actions, damages, costs, losses, expenses (including reasonable outside attorneys’ fees) and other liabilities (each, a “Claim”) arising from or in connection with allegations that the Application or any related services violates or infringes any intellectual property right of a third party, invades or infringes any right of privacy, or right of publicity, of any person or entity. TripLog shall, at its sole expense, conduct the defense of any such Claim and all negotiations for its settlement or compromise; provided, however, that: (a) no settlement or compromise of such a Claim shall be entered into or agreed to without Customer’s prior approval (not to be unreasonably withheld or delayed): and (b) Customer shall have the right to participate, at its own expense, in the defense and/or settlement of any such Claim to the extent necessary to protect its own interests.