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Terms of Use

Who Are We? –The First Tech Company Built By Drivers for Drivers and the Industry.

Welcome to TruckerDistrict.com and our terms and conditions. Thank you for your interest in the Trucker Districts application for your mobile device (the “App”) provided to you by Trucker District LLC (“Trucker District” “us” or “we”), and our responsive mobile web site (the “Site”), as well as all related web-based platforms, web sites, networks, downloadable software, and other services provided by us. This End User License Agreement and Terms of Service (this “EULA” or “Agreement”), including the Trucker Districts Privacy Policy incorporated herein by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Service. This EULA is a legally binding contract between you and Trucker District regarding your use of the Service. BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE ONLINE VIA OUR WEB APPLICATION, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.

Once you sign up and start using Trucker Districts service and product you were agreeing to our Terms and conditions and entering into a legally binding agreement. Please take some time to read over all terms and conditions below.

As provided in greater detail in this EULA (and without limiting the express language of the EULA below), you agree and acknowledge that the EULA includes the following material terms:

The App and Web application online is not sold to you, and you may use the Service only as set forth in this EULA;

Your use of the Service may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;

You consent to the collection and use of your personally identifiable information in accordance with Trucker Districts Privacy Policy, including without limitation the collection of your location information;

Access to certain features of the Service may require access to information about the location of your device, such as GPS coordinates;

The Service is provided “as is” without warranties of any kind and Trucker Districts liability to you is limited;

The App and Web Application requires access to the following services on your mobile device: UDID, MAC address, or other applicable device identifier, phone state and identity, audio and microphone access, internet and data services;

If you are using the App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple” below, the Service is available on mobile devices. Always drive vigilantly according to road conditions and in accordance with traffic laws. YOU AGREE NOT TO USE THE SERVICE IN A WAY THAT DISTRACTS YOU AND PREVENTS YOU FROM OBEYING TRAFFIC OR SAFETY LAWS; and THAT YOU AND TRUCKER DISTRICT 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.

1. Trucker Districts Purpose and Mission

Trucker District is an online web application and native application that provides an all in one experience for the truck driver and the trucking eco-system including but not limited to a social network, map planner, badge awarding system, entertainment and fitness video center and career center. Trucker District is dedicated to connecting the trucking sector of the transportation industry and making life better for truck drivers. Our mission is to facilitate communication between all professionals in the industry and increase efficiency and productivity of all our users, whilst increasing and bettering the lives of truck drivers through our application, services and entertainment.

2. Agreement

By signing up and joining Trucker District and using any content related to Trucker District you are entering into a legally binding agreement (even if you are using our services on behalf of another person or company).This agreement includes the Terms and Conditions for Trucker District.

We may amend our Terms and Conditions at any given time and do not have to notify you when we do. It is your responsibility to check this page for any changes to this Terms and Conditions policy. For registered users of our platform and unregistered users (visitors) this agreement applies to both.

If you do not agree to our Terms and Conditions please discontinue and cease using our platform “Trucker District" and all related services.

3. Accounts and Registration.

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@truckerdistrict.com

4. Scope of License.

The App and web online application is licensed, not sold, to you for use only under the terms of this license. Trucker District reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of this EULA, Trucker District hereby grants you a personal, limited, revocable, non-transferable license to use the App and web online application on any compatible device that you own or control, solely for your own use. You may not rent, lease, lend, sell, redistribute or sublicense the App and web online application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App and web online application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App and web online application or any content available through the App and web online application. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this EULA will govern any updates provided to you by Trucker District that replace and/or supplement the original App and web online application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

5. Service Eligibility
  1. In order to sign up for and use Trucker District you must be the "minimum age" (defined below) or older, or if you are under the "Minimum Age" specified you must have your parents permission to sign up and use the service.
  2. You may only have one Trucker District Account which must be in your real name, or company name, and you must not be restricted by Trucker District from using the services.
  3. "Minimum Age" to use Trucker Districts service worldwide you must be a minimum age of 18 years old. If you are younger than the "Minimum Age" specified you must have your parents permission to sign up and use the service.
6. Payment
  1. If you purchase and sign up for our paid (Business Services) you will agree to pay us (Trucker District) the applicable fees and taxes. Failure to pay these applicable fees may result in the termination of your subscription with us. As well as this the following also apply;

    You authorize us (Trucker District)to store and continue billing you your payment method (e.g Debit/Credit Card) even if it expires, to avoid any interruptions to your subscription and to allow easy payment for new services.
  2. It is obligatory to pay us for applicable fees and taxes unless you cancel your premium business subscription. If you make a purchase through our online store or for any other paid services on our site payment in full must be made immediately.
  3. You purchase may be subject to foreign exchange fees or differences in prices based on your location exchange rates.
7. Posting Content on Trucker District

When posting on Trucker District we may allow you to submit content such as photographs, data, graphics, text, video, messages, sound, tanks and other materials for hosting and displayed throughout the site. We are just a repository for this data. We cannot make any guarantees to the contents accuracy, validity, or legal status.

We cannot endorse, condone all verify any products, information or statistics posted on our site and service. We are not required to host, display or distribute any of your content and reserve the right to refuse to except your content, and can remove or delete it from Trucker District at any time.

You also understand that you may be exposed to offensive content that may also be indecent and inaccurate. You will agree to waive, and do waive, any legal or equitable rights you may have or have against Trucker District with respect thereto, and agree to indemnify and hold Trucker District and all of its team and employees harmless to the fullest extent allowed by the law regarding all matters related to your use of the site.

8. Your License you grant to us for your content

Each time you submit any content to us (Trucker District), you grant Trucker District and it's users,employees, affiliates, and representatives and non-exclusive, fully paid, royalty-free, irrevocable, world-wide, universal, transferable license to publicly perform, display, distribute,store, Broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your post and anything we make with your post through Trucker District all any of her median currently invented all invented in the future. Trucker District also reserves the right to display different advertisements in connection with your content, and we may also use your content to advertise and promote Trucker District.

We also own all layouts or your content, arrangement, metadata and images. If you reside outside of the US in the EU or other countries that recognize the unalienable rights, you grant us the broadest license that is legally allowed under the applicable law.

9. Sweepstakes.

From time to time, Trucker District may conduct sweepstakes or contests. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.

10. Modification of our product (Trucker District)

We reserve the right at any time to alter, make modifications to text and layout and add new data to Trucker District at any time and at our discretion. For these changes and alterations we are not required to explain such modifications.

11. Third Party Services and Linked Websites.

Trucker District may provide tools through the Service that enable you to export information to third party services, including through features that allow you to link your account on Trucker District with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content. You agree to permit us to share.

12. Public Access and Display of your Content

When you update your personal content to our service (Trucker District) you understand and accept that some of this content may be viewable by the public. You agree that you are solely responsible for any content or information posted.

13. Content You Submit.

The Service includes features that enable you to upload certain materials to Trucker Districts servers, to enable certain processing of those materials by Trucker District, and to share them with your contacts and other users of the Service. The following terms apply to your use of such features to manage and share media content across the Service. You agree that you are solely responsible for, and assume all liability and consequences regarding, the text, audio, messages, photos, images, and other similar media content that you submit through the Service along with all associated meta data (which may include without limitation your device type, as well as date, time, application and location data associated with the creation and/or submission of a particular piece of content) (collectively “User Content”). For clarification purposes, User Content does not include data submitted to the App or web app that is used to enable features of the Apps which are not designed specifically for “User Content” including but not limited to finding and booking loads, and truck or equipment posting.

13.1 You retain ownership of all of your rights in your User Content and Trucker District does not obtain any ownership of rights in your User Content, but in order for Trucker District to provide the Service we need certain permission from you. Accordingly, you hereby grant Trucker District a worldwide, non-exclusive, royalty-free, sublicense able and transferable license, without obligation, to use, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, modify and otherwise utilize your User Content and modifications and derivatives thereof (including without limitation the right to include, append, integrate, embed, or incorporate advertising, and to format or otherwise adapt your User Content as necessary or useful to conform to the requirements, limitations, or capabilities of the various formats, networks, devices, services, and media to which your User Content may be implemented) in connection with providing the Service to Trucker District’s (and its successors’ and affiliates’) users. You agree that Trucker District is not obligated to publish any User Content, and reserves the right to remove any User Content from the Service at any time for any reason, and is not obligated to pay or share any revenues with you in connection with your User Content, any associated advertising, or otherwise.

13.2 By posting and sharing User Content with another user of the Service, you grant that user a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

13.3 You represent, warrant, and covenant that (1) you either are the sole and exclusive owner of all User Content that you submit to the Service, or you have all rights, licenses, consents and releases that are necessary to grant to Trucker District the rights in such User Content as contemplated under this EULA, and (2) neither the User Content you submit to the Service nor your creation of, accessing, posting, submission or transmission of such User Content or Trucker Districts exercise of the rights granted above to such User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including without limitation restrictions on obscenity, child pornography, wire tap laws or other similar restrictions on nonconsensual recording, or otherwise), or give rise to any right of payment of any amounts to any third party.

13.4 You agree not to submit User Content that: (1) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes discrimination, bigotry, racism, or hatred, or is inappropriate for the type of form or field on the Service for which you are providing User Content, as determined by Trucker District in its sole discretion; or (2) introduces viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code.

14. Your Use of Trucker District

When you sign up and create an account with Trucker District and use our service, you are responsible for your use of Trucker District on your desktop or devices.

You hereby agree not to access, copy otherwise use Trucker Districts intellectual property and trademarks except as authorized by these terms of service or as otherwise authorized in writing by Trucker District. You agree that you will not use Trucker District to:

  1. You may not use Trucker District to create a pyramid scheme, fraud or other similar practice.
  2. You cannot copy, disclose or distribute any part of the site or the service in any medium.
  3. You may not attempt to compromise or interfere with our system security or integrity, or decipher any transmissions to or from the servers running the site and service.
  4. Harvesting or collecting any personally identifiable information including account names and other details is forbidden.
  5. You may not misrepresent any company or pretend to be a company.
  6. You will not upload viruses or other malicious code.
  7. You will not use Trucker District to do anything unlawful, misleading, malicious or discriminatory.
  8. You will not impersonate any person or entity or misrepresent your affiliation with a person or entity.
  9. You agree to not violate any law or regulation and you are responsible for such violations.
  10. You agree to not cause, or aid in disabling or impairing any portion of our site including the de-indexing or de-caching of any portion of our site or requesting its removal from a search engine.

If you are found to be undertaking any of the actions listed above your privileges to use our platform and service may at our discretion be terminated or suspended and we reserve the right to suspend or terminate your account at any time.

15. Open Source and Third Party Software.

The Service may include open source software or third party software. Any such software is made available to you under the terms of the applicable licenses.

16. Third Party Materials.

Certain portions of the Service may include, display, or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You understand that by using the Service, you may encounter Third Party Materials and other content, such as third party advertisements and promotional content (collectively, “Content”), that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that may automatically and unintentionally contain links or references to objectionable material. Nevertheless, you agree to use the Service at your sole risk and that Trucker District shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise.

17. Location Based Services.

Some of the features of the Service enable Trucker District to tailor your experience based on your location (“Location-based Services”), such as to make offers, event updates, serve advertisements, and other announcements available to you based on your location. In order to use certain Location-based Services, you must allow Trucker District access to your localized position through your device, which Trucker District may accomplish through a variety of means, including GPS location, GeoIP, or other available mechanisms. Without limiting the foregoing, even if you have not expressly granted Trucker District access to location data, Trucker District may nonetheless have access to location information contained in media content meta data, to the extent you have enabled the application originating such media content to capture and store location data. If you choose to disable Location-based Services on your device or to the App, you will not be able to utilize certain features of the Service. By authorizing Trucker District to access your location or media files containing location based meta data, you agree and acknowledge that (i) location data we collect from you is directly relevant to your use of the Service and (ii) Trucker District may, for so long as you allow Trucker District to access such location data or meta data, provide Location-based Services related to your then-current location. PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, WHETHER COLLECTED ORIGINALLY BY THE APP OR A THIRD PARTY APPLICATION ORIGINATING A PIECE OF MEDIA CONTENT, AND TRUCKER DISTRICT DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION DATA AND LOCATION BASED SERVICES.

18. Consent to Use of Data.

You agree that Trucker District may collect and use technical data and related information, including but not limited to UDID and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Service, and to track and report your activity inside of the Service, including for analytics purposes. If you use the Service to post data about equipment or loads, including but not limited to source and destination, contract rate, lane usage, and equipment type you agree we may use that data for any analytic purpose, to improve the Service. If you are located outside of the United States, you expressly consent to the transfer and processing of your data outside your home jurisdiction.

19. Feedback.

While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending Trucker District or our employees any ideas for products, services, features, modifications, enhancements, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, computer code, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms shall apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Trucker District, you agree that:

19.1 Trucker District has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

19.2 Feedback is provided on a non-confidential basis, and Trucker District is not under any obligation to keep any Feedback you send confidential or to refrain from using it in any way;

19.3 You irrevocably grant Trucker District and its successors and assigns perpetual and unlimited permission to use, reproduce, modify, and distribute, display, and perform Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services which incorporate or embody Feedback whether in whole or in part, and whether as provided or as modified.

20. Ownership.

The Service, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Trucker District and its licensors, provided that your User Content, and your intellectual property rights therein, remain your property. Except for the limited license expressly granted by and to you under this EULA, no other rights, licenses, or immunities are granted or shall be deemed to be granted under this EULA, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Trucker District hereunder are expressly reserved.

21. Termination.

The EULA is effective until terminated by you or Trucker District. Your rights under this license will terminate automatically without notice from Trucker District if you fail to comply with any term(s) of this EULA (including by violating any license restriction provided herein). In addition, Trucker District may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate this EULA at any time by uninstalling the App or discontinuing use of the web application online and ceasing use of the Service. Upon any termination of the EULA, you must immediately cease all use of the Service, and destroy all copies, full or partial, of the App. Section 1 and Sections 3 through 25 will survive termination of this EULA for any reason.

22. THIRD PARTY DISPUTES.

TRUCKER DISTRICT IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR ADVERTISER, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, ADVERTISER, OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER USER OF THE TRUCKER DISTRICT SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE TRUCKER DISTRICT (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "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."

23. Your Compliance with all Laws and Regulations

You understand and accept that Trucker District is not responsible for your violation of any laws while using our platform, site and service. All users must comply with all local, state, or Federal Laws regarding your use of our platform, site and service.

24. Intellectual Property Rights

The layout and design of Trucker District alongside Trucker Districts templates, created text, graphics, scripts, interactive features, trademarks, service marks and logos contained therein "(marks)", are owned by or licensed to Trucker District, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Trucker District reserves all rights not expressly granted in and to the platform, service and site.

By signing up to and using Trucker District you agree not to engage in the use, copying, or distribution of anything contained within the site, platform or service unless we have given express written permission.

25. Trucker Districts Limitation of Liability Policy

Trucker District and it's respective suppliers and contributors make no representations regarding the suitability of the information contained in the material published as part of the services for any purpose. All material is provided without warranty of any kind. Therefore Trucker District and it's suppliers hereby disclaim all warranties and conditions with regard to all material, warranties, and conditions of merchantability.

Trucker District may at anytime make improvements or changes in the product or platform at any time.

You will hold Trucker District and it's affiliates, employees, contractors, agents and assigns for all liability for loss or damage due to your misuse or inability to use anything on Trucker District or Trucker Districts mis-use or non-use of any posts submitted.

Also from bugs, malicious code, termination of any of the services and errors in interruption. In no event shall Trucker District be liable for any damages whatsoever under any legal theory.

26. Representations and Warranties

Trucker Districts platform and service is presented and offered to you "as it is" including any errors, bugs and other technical issues. When using our platform and service your results and findings may vary and you may not achieve the desired results or find what you are looking for. Trucker District expressly disclaims all warranties either expressed or implied. Trucker Districts platform may not be fit for a particular purpose or for something you expect it to be. We also make no representations or warranties as to the satisfactory quality of our service or that our service is non--infringing.

We also cannot warrant that Trucker Districts functions contained in our platform or service will operate error free or in an uninterrupted fashion or that there may be any errors or defects in the service.

Trucker District is not obligated to provide you with access to our platform and service. Trucker District is not responsible for any problems with the platform and service to which you agree and accept.

27. Trucker District- Indemnity and Protection against your Breach

Trucker District will operate this platform and site with no liability to us. When you join Trucker District you agreed to defend, indemnify and hold harmless Trucker District, it's directors, officers, licensors, affiliates, employees, agents, representatives and independent contractors from and against any and all claims, damages, obligations, losses, liabilities, Costs all debts and expenses (including but not limited to attorney's fees) stemming and arising from:

1. Material posted by you all contributed by you on the site.

2. Your complete use of and access to Trucker Districts site and service.

3. Any violation of any of these terms of service.

4. Any violation of any third party right, including without limitation any copyright, property, or privacy right, and any claim you may have that any of your content caused damage to a third party.

Trucker Districts defense and indemnification obligation will survive this agreement and your use of Trucker Districts service. By signing up to and creating an account with Trucker District it is your duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You also agree that this indemnity will extend to requiring you to pay for our reasonable attorney's fees, court costs and disbursements. We may also elect to settle with the party/parties in the event of a claim such as the one described in this paragraph, and you shall be liable for the damages as though we had proceeded with a trial.

28. Trucker Districts Copyright Policy

Trucker District takes copyright infringement very seriously and we respect the intellectual property rights of others and desire to offer a platform which contains no content that violates those rights. Pursuant to the Digital Millennium Copyright Act, Trucker District has implemented procedures for receiving written notifications of claimed infringements. If you believe that your copyright has been infringed, please send us a message including;

  1. Your name.
  2. The name of the party whose copyright has been infringed, if different from your name.
  3. The name and description of the work that is being infringed.
  4. The location on our website of the infringing copy.
  5. A statement that you have good faith believe that the use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not permitted by law.
  6. A statement that you swear under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to info@truckerdistrict.com in order to continue with this procedure.

29. International Use.

The Service is controlled and operated from within the United States. Trucker District makes no representation that the Service is appropriate or available in locations outside the United States. Those who choose to access the Service from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.

30. Governing and Choice of Law

This agreement shall be governed by and construed in accordance with the substantive laws of the state of Texas, United States of America. The offer and acceptance of this contract is deemed to have occurred in the State of Texas in the forum of competent jurisdiction in Houston, Harris County.