TRUCKERS-FRIEND TERMS OF SERVICE (v1.0)

By accessing or using the Truckers-Friend directory ("the Platform"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use the Platform.

1. Platform Role and Assumption of Risk

Truckers-Friend operates solely as an informational directory and point-in-time verification service. The Platform is not a dispatch service, a towing provider, a motor carrier, or an emergency life-safety service. The Platform is not a substitute for municipal emergency services (e.g., 911). Users acknowledge that requesting and receiving roadside assistance in active traffic or hazardous environments carries inherent physical risks. Users assume all responsibility for their physical safety and must comply with all local traffic laws and law enforcement directives.

2. Limitation of Liability and Gross Negligence Exemption

To the maximum extent permitted by applicable law, Truckers-Friend’s total aggregate liability for any claims arising out of or relating to these Terms, including economic loss, property damage, or service disputes with listed third-party providers, is strictly limited to one hundred Canadian dollars ($100.00 CAD).

THIS LIMITATION OF LIABILITY DOES NOT APPLY TO CLAIMS ARISING FROM PERSONAL INJURY, WRONGFUL DEATH, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD ON THE PART OF TRUCKERS-FRIEND.

3. Defamation Shield and Point-in-Time Audits

Truckers-Friend issues directory statuses and trust badges (e.g., "Verified", "Failed Kingpin Standard Audit") based on a point-in-time algorithmic and human-reviewed audit of public Open Source Intelligence (OSINT) and direct telephonic inquiries. These statuses constitute the good-faith opinion of the Platform based on the data available at the time of the audit. They do not constitute factual allegations of criminal conduct, fraud, or statutory violations. Truckers-Friend does not guarantee the future performance, pricing, or behavior of any listed provider.

4. Dispute Resolution, Arbitration, and Delegation

Any dispute, controversy, or claim arising out of or relating to these Terms shall be settled by binding arbitration seated in Calgary, Alberta, Canada, administered under the Alberta Arbitration Act.

The arbitrator, and not any federal, state, or provincial court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement (the "Delegation Clause").

If you are an individual consumer, Truckers-Friend agrees to stipulate to a digital filing path and will waive or reimburse filing fees if the upfront costs of arbitration are demonstrated to be cost-prohibitive, ensuring arbitration remains a functionally accessible forum.

5. Class Action Waiver and Individual Arbitration

You agree to bring claims against Truckers-Friend strictly in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Truckers-Friend explicitly waives and prohibits the use of mandatory mass-arbitration "bellwether" or batching protocols. Each individual claimant retains the right to pursue their arbitration case independently and without procedural delay caused by batching rules.

6. Provider Independence and Indemnification

Service providers listed on the Platform are independent third parties and are not employees, agents, or contractors of Truckers-Friend. Truckers-Friend exercises no operational control over provider pricing, dispatch times, mechanical competency, or quality of work. You agree to indemnify, defend, and hold harmless Truckers-Friend, its officers, and operators from any and all third-party claims, damages, or liabilities arising directly from your interactions, transactions, or disputes with any service provider listed on or excluded from the Platform.