Terms & Conditions
Last Revised: November 10, 2016
PLEASE READ AND FAMILIARIZE YOURSELF WITH THESE TERMS AND CONDITIONS OF USE CAREFULLY AND COMPLETELY BEFORE USING THIS WEBSITE.
These are the Terms and Conditions for TravelCenters of America LLC, its affiliates and subsidiaries (together “TA”).By using this website, you agree to these Terms and Conditions. For purposes of these Terms and Conditions, this website includes by definition, any web pages,interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online or wireless offerings that post a link to these Terms and Conditions, whether accessed via computer, mobile device or other technology, manner or means.
Copyright and Submissions
The materials posted on these pages by TA may be retrieved solely for your own personal use. This permission terminates immediately if you breach these Terms and Conditions. You may not"mirror" any material contained on this website without TA's express written permission. Any unauthorized use of the materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of TA or its licensors and are protected by U.S. and international copyright laws.All rights not expressly granted are reserved.
TravelCenters of America LLC
24601 Center Ridge Road
Westlake, OH 44145
United States of America
Telephone: (617) 796-8390
You shall not otherwise copy, modify,display or distribute the contents of these pages without the prior express written permission of TA.
Use of Information and Resources Disclaimer
Certain marks that appear on this website, including names and logos identifying TA and its products and services, are trademarks or service marks owned or licensed by TA and shall not be used by you without prior written permission of TA. Other marks that appear on this website may be claimed as trademarks or service marks by their respective owners or licensors, who may or may not be affiliated with TA. Any request to use a trademark or service mark must be addressed to its respective owner or licensor.
You may use the website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the website:
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking them for personally identifiable information, or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material,including any solicitations that may be characterized as "junk mail"or "spam."
· To impersonate or attempt to impersonate TA, a TA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us, may harm TA or users of the website or expose them to liability.
Additionally, you agree not to:
· Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website, including their ability to engage in real time activities through the website.
· Use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website.
· Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the website.· Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website.
· Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the website.
The website may provide interactive features (the "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials ("User Content") on or through the website. All User Content must comply with the content standards set out in these Terms. Any User Content that you post to the website will be considered non-confidential and non-proprietary. By providing any User Content on the website, you grant us and our affiliates and service providers, and our respective licensees, successors,and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (a) you own or control all rights in and to the User Content and have the right to grant the license granted above; and (b) all of your User Content do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Content you submit, and you,not TA, have full responsibility for such content, including its legality,reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the website. We have the right to:
· Remove or refuse to post any User Content for any or no reason in our sole discretion.
· Take any action with respect to any User Content that we deem appropriate in our sole discretion, including if we believe that such User Content violates the Terms, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website or the public or could create liability for TA.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.
· Terminate or suspend your access to all or part of the website for any or no reason, in our sole discretion.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND HOLD HARMLESS TA AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS.However,we do not undertake to review all material before it is posted on the website,and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or in action regarding transmissions, communications or content provided by any user or third party.
Disclaimer of Warranties
While TA attempts to convey accurate and current information on this website, the information provided on this website may contain typographical or technical errors. Information on this website is provided to you "AS IS" and "AS AVAILABLE" and without warranty of any kind.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, TA DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Further, TA expressly disclaims any obligation to update or correct information contained on this website and explicitly disclaims any duty to do so. TA assumes no liability or responsibility for any errors or omissions in the information provided on this website. You expressly agree that your use of this website is at your sole option and risk and as such you assume full responsibility and all risks arising from or relating to your use of this website. You must confirm the accuracy of any information presented on or through this website before relying on it in any way..
Links to Other Websites
The website may contain links to other websites. TA is not responsible for information found on any linked website,including information that may be about TA, and TA makes no representations about any other website that you may access through this website. The links are provided only as citations and aids to help you locate and identify other Internet resources which may be of interest. These links are not intended to state or imply that TA has sponsored, approved, or adopted any materials on the linked sites or that it is legally authorized to use any trade name,trademarks, logo, seal or copyrighted information reflected in the linked website. TA is not liable in any way to the reader or to any other person,entity, firm or corporation for the accuracy or completeness of any information or data in the linked websites or for any delays, errors or omission of any such information or data, or for actions taken in reliance thereto or for any damages arising there from. Furthermore, TA does not endorse the products or services offered by any company or person linked to this website nor is it responsible for any software or the content of any information published on this website or any other party. You should take precautions when downloading files from websites to protect your computer software and data from viruses and other destructive programs.
Information Provided By Third Parties
Data provided on the website may be provided by third parties, is for informational purposes only, and is not intended for trading purposes. TA nor any data or content provider guarantees the sequence, accuracy, or completeness of any information or other data displayed, nor shall any such party be liable in any way to the reader or to any other person, entity, firm or corporation whatsoever for any delays,inaccuracies, errors in, or omission of any such information or data or the transmission thereof, or for any actions taken in reliance thereon or for any damages arising there from or occasioned thereby or by reason of non-performance or interruption or termination of the stock price information for any cause whatsoever.
Forward Looking Statements
This website, including press releases, SEC filings and other documents posted, contains statements which constitute forward looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 and other federal securities laws. Also, whenever we use words such as "believe", "expect","anticipate", "intend", "plan","estimate" or similar expressions, we are making forward looking statements. These forward looking statements are based upon our present intent, beliefs or expectations, but forward looking statements are not guaranteed to occur and may not occur. Actual results may differ materially from those contained in or implied by our forward looking statements as a result of various factors including those risk factors detailed from time to time in our filings with the Securities and Exchange Commission, which are accessible in the "Investor Relations" section of TA's website. You should not place undue reliance upon forward looking statements. Except as required by law, we undertake no obligation to update or revise any forward looking statements as a result of new information, future events or otherwise.
Investor Relations; No Endorsement, Advice or Professional Consultation
Material contained in this website, including without limitation the "Investor Relations" section, is for information purposes only and is not intended to constitute an offering of securities in any jurisdiction. This information is provided to you with the understanding that TA's provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. There may be delays, omissions or inaccuracies in information obtained through your use of this website. Since the Internet cannot be considered secure and because the information on this website may appear different from original printed material, this information should not be used for the purpose of making business, investment or other decisions or used as a substitute for consultation with professional advisors. If you are contemplating investments in TA, you should request printed copies of any such documents directly from TA.
Moreover, TA does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this website by TA, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum,or information shall be at your sole option and risk.
Further, TA does not grant any license or other authorization to you to use this website in any manner if such use in whole or in part suggests that TA promotes or endorses any third party's causes,ideas, political campaigns, political views, websites, products or services.
Infringement Notices and Takedown
TA prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this website infringes your copyright, you should notify TA of your copyright infringement claim in accordance with the following procedure. TA will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act, or DMCA. The DMCA requires that notifications of claimed copyright infringement should be sent to this website's Designated Agent who is:
Timothy A. Bonang
Vice President, Investor Relations
TravelCenters of America LLC
Two Newton Place
255 Washington Street Newton, MA 02458 USA
Telephone: (617) 796-8390
Facsimile: (617) 928-1305
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C.§512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information inthe notification is accurate, and under penalty of perjury, that thecomplaining party is authorized to act on behalf of the owner of an exclusiveright that is allegedly infringed.
You hereby indemnify, defend, and hold harmless TA and all of its predecessors, successors, parents, subsidiaries,affiliates, officers, directors, shareholders, investors, employees, agents,representatives and attorneys and their respective heirs, successors and assigns (collectively referred to as the Indemnified Parties) from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to your use of this website or any breach by you of these Terms and Conditions or the representations, warranties, and covenants you have made by agreeing to these Terms and Conditions. You shall cooperate as fully as reasonably required in the defense of any such claim. TA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TA OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS,DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES,ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE OR OBTAINED FROM YOUR USE OF THIS WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF TA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TA'S OR ANY OF ITS PREDECESSORS',SUCCESSORS', PARENTS', SUBSIDIARIES', AFFILIATES', OFFICERS', DIRECTORS',SHAREHOLDERS', INVESTORS', EMPLOYEES', AGENTS', REPRESENTATIVES' AND ATTORNEYS'AND THEIR RESPECTIVE HEIRS', SUCCESSORS' AND ASSIGNS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1.00. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
Changes to Website and Terms and Conditions
TA reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and Conditions and access to all or any part of the website and/or reserves the right to change,suspend or discontinue all or any part of the website or its content at anytime without prior notice or liability.TA reserves the right to change these Terms and Conditions at any time and notify you by posting an updated version of these Terms and Conditions on this website. It is your responsibility to periodically checkthis page so that you are aware of what the Terms and Conditions are regardingusing this website. The amended Terms and Conditions will apply between us whether or not we have given you specific notice of any change.
This website may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user's systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this website does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user's systems, software or data.
These Terms and Conditions shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts. In the event of a dispute concerning these Terms and Conditions,you expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the Commonwealth of Massachusetts. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions,which shall remain in full force and effect. Failure of TA to act on or enforce any provision of these Terms and Conditions shall not be construed as a waiver of that provision or any other provision in these Terms and Conditions.
Arbitration; Class Action Waiver
If you and TA do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration governed by the Federal Arbitration Act(“FAA”). You are giving up the right to litigate (or participate in as a partyor class member) all disputes in court before a judge or jury. Instead, all disputes will beresolved before a neutral arbitrator, whose decision will be final except for alimited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you norTA will seek to have any dispute heard as a class action, private attorneygeneral action, or in any other proceeding in which either party acts or proposesto act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
These pages are controlled and operatedby TA in the United States of America and are intended for use within theUnited States of America. TA makes no representation that material on thesepages is appropriate or available for use in other locations. Those who choose to access these pages from other locations do so on their own initiative and are responsible for compliance with local laws.
BY USING THIS WEBSITE, YOU EXPRESSLY AGREE TO BE BOUND BY THE FOREGOING TERMS AND CONDITIONS.