Last updated: August 26, 2024

Please read this information carefully and print or download a copy for your files.

In this Electronic Communication Consent Agreement (“Agreement”), "we," "us," and "our" refer to TruckSmarter, Inc., its subsidiaries, affiliates, successors, agents and assigns (“TruckSmarter) and "you" and "your" refers to the person applying for a TruckSmarter account or using our website at www.trucksmarter.com, along with our related websites, applications, mobile applications, and other products and services provided by us (collectively, the “Services”).

“Communications” means disclosures, notices, agreements, fee schedules, privacy policies, statements, records, documents, and other information we provide to you, or that you sign and submit or agree to at our request.

By accepting this Agreement, either by applying for a TruckSmarter account or using any Service or by clicking a box indicating your acceptance or by otherwise affirmatively indicating your acceptance of this Agreement, you agree that you agree to receive Communications in electronic form (“Electronic Communications”), consent to all of the terms and conditions set out below, and consent to your and our use of electronic signatures in connection with any Services. You agree that your electronic signature for the Electronic Communication may include clicking displayed buttons, selecting displayed boxes, typing your name in a designated field, using an electronic facsimile signature, replying to an email sent to your designated email address, or taking other affirmative actions described when you view an Electronic Communication.

If you do not give your consent to receive Electronic Communications, you may not open any TruckSmarter account or use any Service. 

Delivery Methods

We will deliver Electronic Communications to you either through the TruckSmarter mobile application or website, via e-mail to the email address you have provided to us which may contain the Electronic Communication or a link through which you may view the Electronic Communication, or via SMS text message. If we choose to deliver Electronic Communications to you through other means, we will tell you how to access them. 

If you give us an incorrect email address or fail to keep it updated, you agree that any Electronic Communications we may make available or attempt to send through any of the methods described above will be deemed to have been provided to you in a timely manner.

We may be required by law to deliver certain Communications to you on paper even though you have consented to receive them electronically.

Hardware and software requirements

To receive and retain Electronic Communications from TruckSmarter, you will need all of the items listed below:

• A computer or mobile device with an operating system that supports each of the other items below;

• An internet connection;

• A current version of a web browser that we support, including: Edge version 42 or higher, Firefox version 62 or higher, Safari version 12 or higher, or Chrome version 69 or higher;

• A hard drive or other method of storing data;

• A valid, active email address; and

• A current version of a program that displays PDF files.

We may update these requirements periodically in order to maintain our ability to provide Electronic Communications. If these requirements change in a substantial way, we will notify you of the changes.

Updating contact information

It is your responsibility to maintain accurate and current contact information so that we may send you Electronic Communications. You can update your email address and other contact information by e-mailing us at support@trucksmarter.com. 

Requesting paper copies

We may choose to make paper copies of certain Electronic Communications available upon request, but assume no obligation to do so. You may obtain a paper copy of an Electronic Communication by printing it or by requesting that we mail a paper copy. You may make requests for paper copies by e-mailing us at support@trucksmarter.com. A request for a paper copy of an Electronic Communication will not be considered a withdrawal of your consent to receive Electronic Communication electronically.

Communications in writing

We are required by law to give you certain information in writing. All Communications delivered to you in either electronic or paper format will be taken as information delivered "in writing."

Withdrawing consent

You have the right to withdraw your consent to this Agreement at any time. If you withdraw your consent, we reserve the right to limit, close or terminate your TruckSmarter account or any Service, and the legal validity and enforceability of prior Electronic Communications will not be affected.  A balance refund check may be issued to you upon account termination in accordance with the applicable deposit account agreement. You may withdraw consent by e-mailing us at support@trucksmarter.com.

Federal law

You acknowledge and agree that your consent to Electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that both you and we intend for the Act to apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.