Through the website TransportationNation.com, Transportation Nation Network provides an internet-based subscription service to our members allowing access to certain video programming, short and feature-length shows and additional video content (“Content”). The Content is streamed over the Internet to member’s computers or internet-connected televisions or television devices, when available (“Transportation Nation-ready devices”).
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 14 to resolve any disputes with Transportation Nation Network (except for matters that may be taken to small claims court).
b The Transportation Nation Network service is provided by Smartee Blue Partners, LLC.
4 Communication Preferences
8 Transportation Nation Network Service
b The Transportation Nation Network service, and any content viewed through our service, is for your personal and non-commercial use only. During your Transportation Nation Network membership, we grant you a limited, non-exclusive, non-transferable, license to access the Transportation Nation Network service and view Content through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest is or shall be transferred to you.
c You may view Content through the Transportation Nation Network service only in geographic locations where we offer our service and have licensed such Content. The content that may be available to watch will vary by geographic location. Transportation Nation Network will use technologies to verify your geographic location. YOUR PAYMENT FOR AND USE OF TRANSPORTATION NATION NETWORK SERVICES ENTITLES YOU TO WATCH ON UP TO FOUR (4) (DEPENDING ON SUBSCRIPTION ENTITLEMENT) UNIQUE, AUTHORIZED TRANSPORTATION NATION NETWORK READY DEVICES AT ANY GIVEN TIME. The number of devices available for use and the simultaneous streams may change from time to time at our discretion without notice.
d We continually update the Transportation Nation Network service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of Content, and delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
e The availability of Content to watch will change from time to time. The quality of the display of the streaming Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Transportation Nation Network makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected and the configuration of your Transportation Nation Network ready device.
g Transportation Nation Network streaming software is developed by, or for, Transportation Nation Network and is designed to enable streaming of content from Transportation Nation Network through Transportation Nation Network ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO End User License Agreement AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE TRANSPORTATION NATION NETWORK AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Transportation Nation Network service. If your Transportation Nation Network ready device is sold, lost or stolen, please deactivate the Transportation Nation Network ready device. If you fail to log out or deactivate your device, subsequent users may access the Transportation Nation Network service through your account and may be able to access certain of your account information.
9 Membership, Billing and Cancellation
i Perpetual Membership. Your Transportation Nation Network membership, will continue month-to-month or annually (if you chose an annual subscription) unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Choice”) to use the Transportation Nation Network service. We will bill the monthly or annual membership fee to your Payment Choice. You must cancel your membership before it renews each month (or year in the case or an annual subscription) in order to avoid billing of the next month’s (or year’s) membership fees to your Payment Choice.
i Recurring Billing. By beginning your Transportation Nation Network membership, you authorize us to charge you a recurring monthly or annual membership fee at the then current rate, and any other charges you may incur in connection with your use of the Transportation Nation Network service to your Payment Choice. You acknowledge that the amount billed each month or year may vary from month to month or year to year for reasons that may include differing amounts due to changing or adding a plan, and you authorize us to charge your Payment Choice for such varying amounts, which may be billed monthly or annually in one or more charges.
iv No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide other members credits in the future, under any circumstance.
v Payment Choices. You may edit your Payment Choice information by visiting our website and clicking on the “Account” link, available at the top of the pages of the Transportation Nation Network website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Choice information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Choice, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Choices, the issuer of your Payment Choice may charge you a foreign transaction fee or other charges. Check with your Payment Choice service provider for details.
vi Cancellation. You may cancel your Transportation Nation Network membership at any time, and you will continue to have access to the Transportation Nation Network service through the end of your monthly or annual billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR MEMBERSHIP PERIODS OR UNWATCHED CONTENT. To cancel, go to the “Account” page on our website and follow the instructions for cancellation.
10 Gift Cards
b Gift Cards are not refundable (whether for cash or otherwise), except to the extent required by applicable law in the jurisdiction of your residence. Use of the Gift Card constitutes acceptance of these terms and conditions. Gift Cards cannot be used to purchase other Gift Cards, and cannot be reloaded, or resold. For combinations with other offers, restrictions may apply. Gift Cards do not expire (unless specified) and are not subject to any transaction fees.
c Gift Cards may not be used in connection with any marketing, advertising or other promotional activities without TransportationNation.com’s prior written approval. Use of TransportationNation.com’s name, logo, trade dress, or trademarks in connection with the purchase or use of the Gift Cards is strictly prohibited. Furthermore, the use of Gift Cards in any manner that states or implies that any person, firm, corporation, website, business, product, or service is endorsed, sponsored by, or otherwise affiliated with, TransportationNation.com is prohibited without TransportationNation.com’s prior written approval.
d Upon purchase, title to the purchased Gift Cards, along with the risk of loss, destruction, or deterioration, transfers to the purchaser or any valid transferee who holds the applicable Gift Cards. As such, TransportationNation.com is not responsible for any Gift Cards that are lost, stolen, destroyed, or used without your permission. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF the GIFT CARD.
g TransportationNation.com may also issue Promotional Gift Cards, other cards, and gift codes (“Promotional Cards”). Promotional Cards are not subject to these Terms, may be issued or distributed by TransportationNation.com’s partners, and may be subject to an expiration date and other conditions, as specified on the Promotional Cards or in related promotional materials.
11 Passwords & Account Access
a The member who created the Transportation Nation Network account and whose Payment Choice is charged is referred to here as the Account Owner. The Account Owner has access and control over the Transportation Nation Network account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Transportation Nation Network Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Choice details (e.g., last four digits of their credit or debit card) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
b In order to provide you with ease of access to your account and to help administer the Transportation Nation Network service, Transportation Nation Network implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Transportation Nation Network service, which includes accessing via Transportation Nation Network ready devices or website.
d You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Transportation Nation Network website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Transportation Nation Network reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Transportation Nation Network is not obligated to credit or discount a membership for holds placed on the account by either a representative of Transportation Nation Network or by the automated processes of Transportation Nation Network.
12 Disclaimers of Warranties and Limitations on Liability
a THE TRANSPORTATION NATION NETWORK SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE TRANSPORTATION NATION NETWORK SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TRANSPORTATION NATION NETWORK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TRANSPORTATION NATION NETWORK SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TRANSPORTATION NATION NETWORK SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, TRANSPORTATION NATION NETWORK READY DEVICES, AND TRANSPORTATION NATION NETWORK SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
b TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL TRANSPORTATION NATION NETWORK, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
c SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
13 Intellectual Property
a Copyright. The Transportation Nation Network service, including all content provided on the Transportation Nation Network service, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
b Trademarks. Transportation Nation Network is a pending-registered trademark of Smartee Blue Partners, LLC.
c Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Transportation Nation Network service, please contact our Customer Service immediately at support@TransportationNation.com or using the Contact Us link at the bottom of the Transportation Nation Network website home page.
14 Governing Law
b You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
15 Applications. In the future, you may come across third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Transportation Nation Network service. These Applications may import data related to your Transportation Nation Network account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Transportation Nation Network is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY TRANSPORTATION NATION NETWORK AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
17 Use of Information Submitted. Transportation Nation Network is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Transportation Nation Network service, including the Transportation Nation Network website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Transportation Nation Network service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note Transportation Nation Network is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted unsolicited to Transportation Nation Network. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Transportation Nation Network and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
18 Arbitration Agreement
b If you elect to seek arbitration or file a small claim court action, you must first send to Transportation Nation Network, by certified mail, a written Notice of your claim (“Notice”). The Notice to Transportation Nation Network must be addressed to: General Counsel, Smartee Blue Partners, LLC, 16 Shade Tree Lane, Mayflower, AR 72106 (“Notice Address”). If Transportation Nation Network initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Transportation Nation Network, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Transportation Nation Network and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Transportation Nation Network may commence an arbitration proceeding or file a claim in small claims court.
c You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Transportation Nation Network receives notice at the Notice Address that you have commenced arbitration, Transportation Nation Network will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
d The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Transportation Nation Network and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
e If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Transportation Nation Networks’s last written settlement offer made before an arbitrator was selected (or if Transportation Nation Network did not make a settlement offer before an arbitrator was selected), then Transportation Nation Network will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
f YOU AND TRANSPORTATION NATION NETWORK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Transportation Nation Network agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Transportation Nation Network does not endorse or verify the claims of any paid advertiser whose marketing messages, images, logos and representations may appear on TransportationNation.com. Furthermore, Transportation Nation Network can not be held legally or morally liable for any false claims or misrepresentations regarding any advertiser. Transportation Nation Network provides advertising in good faith, but does not endorse either explicitly or implicitly any company, product, service, association, or organization unless otherwise noted. Any claim or insinuation to the contrary is false and will be met with appropriate legal action.
Advertiser and advertising agencies assume all responsibility for content (including text, illustrations, representations and claims) of advertisements placed. They also assume liability for any and all claims arising there from against the Publisher. The Publisher reserves the right to reject any advertising deemed not in keeping with Network’s standards. The words “PAID ADVERTISEMENT” will be inserted at the top or bottom of advertisements which, in Publisher’s judgment, might be confused with editorial matter. We take no responsibility for ads produced and printed according to the customer’s approval.