Terms & Conditions

 

This website and associated web and mobile applications are owned and operated by eRegs, LLC d/b/a eRegs, an Indiana limited liability company and subsidiary of Trucksafe Consulting, LLC (eRegs). This page sets forth the terms and conditions (“Terms”) under which you may use this website and associated web and mobile applications (collectively, the Platform).

  1. Acceptance of Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE EREGS PLATFORM, INCLUDING, BUT NOT LIMITED TO, CREATING AN ACCOUNT ON THE EREGS WEBSITE OR INPUTTING ANY OF YOUR PERSONAL INFORMATION INTO THE EREGS PLATFORM. BY ACCESSING OR USING THE EREGS PLATFORM, INCLUDING, WITHOUT LIMITATION, BY USING ANY EREGS WEBSITE OR APP, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING, BUT NOT LIMITED TO, PROVISIONS THAT GOVERN ANY CLAIM YOU MAY HAVE FOR DAMAGES, PROVISIONS THAT LIMIT EREGS’S LIABILITY, AND PROVISIONS THAT REQUIRE INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTE BETWEEN YOU AND EREGS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE EREGS PLATFORM.
  2. License. Subject to your compliance with these Terms, eRegs grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the eRegs Platform solely for its intended purposes. Any rights not expressly granted herein are reserved by eRegs.
  3. Website Accounts & Memberships.We may permanently or temporarily terminate or suspend your access to the services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.
  4. Subscriptions & Billing. In order to use the Platform, you agree to pay a periodic subscription fee, as detailed when you first register on the Platform. Your subscription will automatically renew based on your selected billing preferences. You agree to update your billing details, including credit card details, as needed. In the event we are unable to process your subscription renewal, we will notify you at the email address you have on file. If you do not subsequently update your billing details within five business days, we will suspend your account until you do so. You may discontinue use and request to cancel your account at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon notification to eRegs via your eRegs account. We provide no refunds for any subscription fees paid.
  5. Protection of Online Accounts. You shall be solely responsible for protecting and safeguarding any keys, certificates, access codes, driver names, email addresses, phone numbers, user IDs, or other login information provided for the purpose of accessing and using your account or membership on this website. eRegs shall not be liable for any unauthorized use or access to your account or membership, or the information stored therein. By uploading personal identifying information for third parties such as names, email addresses, and phone numbers, you acknowledge and agree that you have permission to do so. eRegs shall not be liable to any third parties for use or misuse of this information, and you agree to defend and indemnify eRegs, consistent with the indemnification provisions below, from and against any claims arising therefrom. You acknowledge that data charges may apply to any SMS messages sent through your account, and you acknowledge you have obtained permission from all recipients of any such messages.
  6. Ownership of Software & Data. All rights in and to eRegs’s website and software Platform (including but not limited to any images, photographs, software code, programs, applications and “applets”, and any other material incorporated into the Platform) and the documentation are owned by or licensed to eRegs. By uploading or otherwise utilizing the Platform, you grant eRegs an irrevocable, non-exclusive, transferable license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution any data you upload to the Platform, in order to facilitate access and use of the Platform.
  7. Customer Responsibilities.Customers receiving services from eRegs and/or using its website or software are solely responsible for: (i) keeping their contact and billing information up-to-date at all times; (ii) providing eRegs reasonable access to all files, information, and individuals necessary for the performance of the services; (iii) providing eRegs accurate and up-to-date information and data necessary for the performance of the services; (iv) promptly responding to any requests or communications from eRegs; (v) maintaining at their expense hardware and internet access sufficient to exercise rights hereunder; and (vi) their use of the Platform and services and all interactions with users and applicants on the same.
  8. Warranty & Remedy.eRegs agrees to perform its services and offer its software in a professional manner, consistent with current industry practices. Your sole refund for any breach of this provision is a refund of your most current billing cycle. eRegs makes no other warranties, express or implied. 
  9. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD EREGS (INCLUDING ANY AFFILIATES, OWNERS, AND EMPLOYEES) HARMLESS FROM AND DEFEND THEM AGAINST ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSE (INCLUDING ATTORNEYS’ FEES) ARISING DUE TO, OR ARISING OUT OF OR IN CONNECTION WITH, YOUR USE OF THE EREGS PLATFORM. THIS OBLIGATION AND ANY OTHER INDEMNIFICATION OBLIGATION SET FORTH IN THESE TERMS WILL SURVIVE THE TERMINATION OF THESE TERMS AND/OR YOUR USE OF THE EREGS PLATFORM.
  10. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall eRegs be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for regulatory fines or penalties, loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the services or materials offered through this website or by eRegs. To the maximum extent permitted by applicable law, eRegs assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
  11. Communications. By using the Platform, you agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices – please just notify us at any time. 
  12. Notices. Any notices required under these Terms must be provided in writing and delivered to eRegs via email at support@eregs.app and via mail to P.O. Box 344, Greenfield, IN 46140.
  13. Supplemental Terms and Agreements. In order to access and/or use certain portions or features of eRegs’s Platform, you may be requested to acknowledge and agree to additional terms or agreements. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable services. In the event of a conflict between any supplemental terms and these Terms, the supplemental terms shall prevail but only with respect to the services to which the supplemental terms apply.
  14. Modification of Terms. eRegs reserves the right to change these Terms at any time. Notices of modifications will be emailed to you at the email address you have on file. eRegs encourages you to review these Terms periodically to stay informed about eRegs’s practices, and you should always review these Terms before updating your account or providing eRegs with any personal information. Unless eRegs notifies you otherwise, whenever eRegs makes changes to these Terms, they will be effective when the revised Terms are posted online or otherwise provided for your review. If you continue to use the eRegs Platform after the revised Terms have been posted or otherwise provided for your review, including, but not limited to, by accessing your eRegs account, you will be deemed to have accepted the changes to these Terms and will be bound by the revised Terms.
  15. DISPUTE RESOLUTION
    1. Informal Dispute Resolution.  Prior to pursuing any other available remedy, including arbitration pursuant to the provisions below, you agree to attempt in good faith for a period of sixty (60) days (the “Informal Dispute Resolution Period”) to negotiate a resolution of any dispute, claim, or controversy that you may have against eRegs or any dispute, claim, or controversy otherwise arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof; your use of the eRegs Platform; or your order for, receipt of, or the performance of any services (collectively, the “Disputes”).The Informal Dispute Resolution Period shall commence on the first day that you submit written notice of your Dispute(s) to eRegs.
    2. Arbitration.  If the parties are unable to resolve any Dispute during the Informal Dispute Resolution Period, you agree that such unresolved Dispute or Disputes will be settled by final and binding arbitration between you and eRegs, provided, however, that each party retains the right (without any requirement to negotiate during an Informal Dispute Resolution Period) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and eRegs are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and eRegs otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this dispute resolution section will be deemed void and severable. Except as provided in the preceding sentence, this dispute resolution section of these Terms (and each of its respective subparts) will survive any termination of these Terms.
    3. Arbitration Rules and Governing Law.  Unless otherwise agreed to by you and eRegs, the arbitration of all Disputes will be administered by a single arbitrator of the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified this section (and its respective subparts). The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879. The arbitration shall be governed by the Federal Arbitration Act or, if the Federal Arbitration Act is found not to apply, the laws of the State of Delaware.
    4. Arbitration Process.  A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at: https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf. The written Demand for Arbitration shall include identification of the parties, a statement of the legal and factual basis for the claim(s), and a specification of the remedy sought and shall be served by hand, by first class mail, return receipt requested, or by certified mail to eRegs in accordance with the Notice provisions herein.  
    5. Arbitration Location and Procedure.  Unless you and eRegs agree otherwise, the arbitration will be conducted in Delaware. If your claim does not exceed $10,000, then, the arbitration will be conducted solely on the basis of documents you and eRegs submit to the arbitrator unless you request a hearing and the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
    6. Arbitrator’s Decision.  The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator bases the award. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this arbitration provision, and any award of damages must be consistent with these Terms, including their respective limitations of liability. The arbitrator may award declaratory or injunctive relief in such Dispute. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
    7. Fees.  The parties shall be responsible for their own respective arbitration expenses, including attorneys’ fees, unless otherwise provided by applicable state or federal law.
  1. Governing Law. These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of Indiana, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction serving Hancock County, Indiana.