The agreement governing your access to and use of the Mission Mile Media website, mobile advertising marketplace, and related services.
Effective Version 2.0
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Mission Mile Media (“Company,” “we,” “us,” or “our”) governing your access to and use of the Mission Mile Media website, mobile advertising marketplace, and related services (collectively, the “Services”). By accessing the Services, creating an account, submitting an advertising order, or enrolling a vehicle in our Trailer Partner network, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.
By using the Services in any capacity — including as an Advertiser, a Trailer Partner, or a general visitor — you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity.
Mission Mile Media operates a marketplace that connects businesses seeking outdoor advertising (“Advertisers”) with owners and operators of commercial trailers and vehicles (“Trailer Partners”) who make trailer space available for the display of advertising materials. The Company facilitates the design, production, installation, and removal of advertising materials, and administers payment between Advertisers and Trailer Partners. The Company does not guarantee the availability of any specific trailer, route, market, or Trailer Partner at any given time.
The Company acts solely as a facilitator that connects Advertisers and Trailer Partners and administers the production, installation, and payment process between them. The Company is not a party to, and does not guarantee, warrant, or assume any responsibility for, the performance, conduct, or obligations of any Advertiser or Trailer Partner toward one another. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between the Company and any User, or between any two Users. Each User deals with other Users at its own risk, and the Company disclaims all liability for any dispute, loss, or damage arising between Users.
You must be at least 18 years of age and capable of forming a binding contract to use the Services. Trailer Partners must additionally hold a valid driver's license appropriate to the vehicle enrolled, maintain current vehicle registration and insurance as required by applicable law, and have full legal authority to display advertising material on the vehicle in question (including, where the vehicle is leased, financed, or owned by an entity other than the individual applicant, written authorization from the legal owner or lienholder). The Company reserves the right to refuse service, decline an application, or terminate access to the Services for any person or entity that does not meet these requirements, in its sole discretion.
To access certain features of the Services, you must register for an account and provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify the Company immediately of any unauthorized use of your account. The Company is not liable for any loss or damage arising from your failure to safeguard your account credentials.
Advertisers must submit artwork, copy, and other advertising materials (“Ad Content”) in accordance with the Company's then-current specifications. The Company reserves the right, in its sole and absolute discretion, to review, approve, reject, modify, or request revisions to any Ad Content prior to production or at any time thereafter, including after installation, if the Company determines the Ad Content violates these Terms, applicable law, or is otherwise inconsistent with the Company's business standards. Approval of Ad Content does not waive any of the Company's rights under these Terms.
Ad Content may not, in the Company's sole judgment: (a) be false, deceptive, or misleading; (b) infringe any copyright, trademark, right of publicity, or other intellectual property or proprietary right of any third party; (c) depict or promote illegal activity, firearms, illegal drugs, tobacco marketed to minors, or content that is obscene, pornographic, defamatory, discriminatory, or hateful; (d) violate any federal, state, or local law or regulation, including advertising, labeling, and licensing requirements specific to the Advertiser's industry; or (e) create a safety hazard, including content likely to distract drivers or obstruct required vehicle lighting, mirrors, or safety markings. The Company may remove or refuse to install any Ad Content that violates this Section at any time, without liability and without refund of amounts attributable to the violation.
Placement of Ad Content on any particular trailer, route, vehicle, or market is subject to availability and is determined by the Company in its discretion based on network capacity at the time of booking. The Company will make commercially reasonable efforts to honor requested markets and campaign start dates but does not guarantee a specific trailer, driver, route, or timeline.
The Company provides estimated impression figures, coverage statistics, and similar metrics for informational and planning purposes only, derived from the data sources described in Section 10. These figures are estimates and are not a guarantee of actual visibility, impressions, leads, sales, or any other business outcome. Advertiser acknowledges that advertising results are inherently variable and depend on factors outside the Company's control, and Advertiser waives any claim against the Company premised on actual results differing from any estimate provided.
Advertiser agrees to pay all fees associated with a campaign in accordance with the pricing, production costs, installation fees, and contract term selected at the time of booking. Recurring fees are billed in advance on the schedule set out in the applicable order confirmation. Late payments may result in suspension or removal of Ad Content without refund, and may accrue interest and collection costs to the maximum extent permitted by law.
Cancellation terms, minimum commitment periods, and any early-termination or tear-down fees are governed by the contract term selected at booking (Month-to-Month, 6-Month, or Annual, or as otherwise offered). Except as expressly stated in the applicable order confirmation or as required by law, fees are non-refundable, including for partial months or unused portions of a prepaid term.
Advertiser acknowledges that it has had the opportunity to independently evaluate the Services, including the Company's coverage, pricing, and estimated impressions, and that it is not relying on any representation, projection, or statement by the Company that is not expressly set forth in these Terms or in a written order confirmation. Advertiser is solely responsible for determining whether the Services are suitable for Advertiser's business and marketing objectives.
Trailer Partners participate in the Company's network as independent contractors, not as employees, agents, joint venturers, or partners of the Company. Nothing in these Terms creates an employment relationship, and Trailer Partners are solely responsible for their own taxes, benefits, licensing, and compliance obligations. The Company does not control, and is not responsible for, a Trailer Partner's routes, schedule, cargo, employer, or manner of vehicle operation, except as it relates to the installation, display, and removal of Ad Content.
Trailer Partner represents and warrants that the enrolled vehicle is legally owned or lawfully operated by Trailer Partner, is properly registered and insured in accordance with applicable law, and is in safe operating condition. Trailer Partner is solely responsible for maintaining all insurance coverage required for the lawful operation of the vehicle, including coverage sufficient to address any liability arising from operation of the vehicle, and coverage for theft, damage, or loss of the vehicle and its contents. The Company does not provide insurance coverage for the vehicle, its cargo, or its operation. See also Sections 13 and 14.
The Company or its authorized installation partners will install and remove Ad Content using professional-grade materials and methods. Trailer Partner agrees to make the vehicle reasonably available for scheduled installation, maintenance, and removal appointments. Trailer Partner may not alter, obscure, damage, or remove Ad Content without the Company's prior written consent, except as necessary for vehicle safety or legal compliance, in which case Trailer Partner must notify the Company promptly.
Trailer Partner will be paid in accordance with the payment schedule and rate set out in the applicable Trailer Partner agreement or network confirmation, contingent on the Ad Content remaining properly installed, undamaged, and in public view for the applicable period. The Company may withhold, reduce, or delay payment where Trailer Partner fails to comply with reporting obligations, damages Ad Content, removes Ad Content without authorization, or otherwise breaches these Terms.
Trailer Partner is solely responsible for the safe and lawful operation of the enrolled vehicle at all times. The Company has no control over, and assumes no liability for, Trailer Partner's driving conduct, routes, cargo, or compliance with traffic and transportation laws. Trailer Partner agrees to comply with all applicable federal, state, and local laws governing the operation of commercial vehicles and the display of advertising material, including any restrictions on vehicle signage, lighting, or visibility.
Trailer Partner is solely responsible for ensuring that the enrolled vehicle, and Trailer Partner's operation of it, complies with all applicable regulations of the U.S. Department of Transportation (DOT), the Federal Motor Carrier Safety Administration (FMCSA), and any state or local transportation authority, including regulations concerning vehicle markings, signage, lighting, and advertising placement. The Company is not a motor carrier, does not employ or dispatch Trailer Partners, does not direct or control Trailer Partners' routes or driving, and assumes no responsibility for any Trailer Partner's regulatory compliance or any citation, fine, or penalty arising from noncompliance.
The Company does not guarantee that any Trailer Partner will be matched with an Advertiser, that Ad Content will be installed on Trailer Partner's vehicle, the duration of any placement, or any specific level of income from participation in the network. Matching and placement are subject to Advertiser demand, route and market fit, vehicle eligibility, and the Company's sole discretion.
The Company may decline any Trailer Partner application, or suspend or terminate an active Trailer Partner relationship, at any time and for any lawful reason, including but not limited to safety concerns, unauthorized alteration of Ad Content, failure to maintain required insurance, or failure to comply with these Terms. Upon termination, the Company will arrange for removal of Ad Content within a commercially reasonable timeframe.
All fees are stated exclusive of applicable taxes unless otherwise noted. Users are responsible for any sales, use, excise, or similar taxes associated with their use of the Services, other than taxes based on the Company's net income. The Company may use third-party payment processors to facilitate payments and is not responsible for errors, delays, or failures caused by such processors.
In connection with your use of the Services, you agree not to:
Violation of this Section may result in immediate suspension or termination of your account and access to the Services, in addition to any other remedies available to the Company.
In estimating potential advertising impressions, audience reach, and coverage for any market, route, or campaign, the Company relies on Average Annual Daily Traffic (AADT) data published by the U.S. Department of Transportation and applicable state departments of transportation (collectively, “DOT Traffic Data”), together with the Company's own network and route information. DOT Traffic Data is produced and maintained by government agencies that are not affiliated with the Company. The Company does not independently verify, audit, or guarantee the accuracy, completeness, currency, or reliability of DOT Traffic Data, and relies on it solely as a tool for producing estimates.
All impression figures, reach estimates, coverage statistics, and similar metrics provided by the Company — whether in a proposal, quote, invoice, marketing material, the website, or otherwise — are derived from DOT Traffic Data and other estimation tools and are provided solely as a planning aid. They are estimates only, are not measured or verified impression counts, and do not constitute a representation, warranty, or guarantee of actual viewership, exposure, traffic levels, or advertising performance.
Advertiser acknowledges and agrees that actual impressions, traffic levels, and audience exposure may differ, including significantly, from any estimate provided, whether due to inaccuracy, incompleteness, or staleness in DOT Traffic Data, changes in traffic patterns, route changes, or any other factor. The Company shall have no liability, and each User waives any claim against the Company, arising from or related to any inaccuracy, error, omission, delay, or change in DOT Traffic Data or any estimate, projection, or figure derived from it. The Company reserves the right to change its data sources, estimation methodology, or reporting format at any time without notice.
The Company is not an insurer, bailee, or custodian of any vehicle, trailer, cargo, equipment, or Ad Content, and does not take possession, custody, or control of any Trailer Partner's vehicle or trailer at any time other than during scheduled installation, maintenance, or removal appointments performed by the Company or its authorized installation partners. To the fullest extent permitted by law, the Company disclaims any and all liability and responsibility for:
This disclaimer applies regardless of whether the event occurs during, before, or after installation or removal of Ad Content, and regardless of whether the Company's personnel or authorized installation partners are or were present at the vehicle at the time. Trailer Partner and Advertiser each acknowledge that they are solely responsible for maintaining insurance adequate to cover these risks, and that the Company's role is limited to producing, installing, and removing Ad Content and facilitating payment — it does not extend to safeguarding, insuring, or assuming custodial responsibility for any vehicle, trailer, cargo, or Ad Content.
Trailer Partner acknowledges that the operation of a commercial vehicle on public roadways involves inherent risks, including but not limited to accidents, mechanical failure, adverse weather, road conditions, and the acts of third parties, and that these risks exist independent of the Services and are not materially increased by the installation of Ad Content. Trailer Partner voluntarily assumes all such risks and, to the fullest extent permitted by law, releases and forever discharges the Company and its officers, directors, employees, and agents from any and all claims, causes of action, or liability arising from or related to the operation, condition, loading, or maintenance of Trailer Partner's vehicle, except to the extent a claim arises directly from the Company's gross negligence or willful misconduct in the physical act of installing or removing Ad Content.
The Company does not provide, and is not responsible for obtaining or maintaining, any insurance covering any vehicle, trailer, cargo, Ad Content, or any User's property, business, or personal liability. Each User is solely responsible for procuring and maintaining insurance coverage — including, without limitation, commercial auto, general liability, and cargo coverage, as applicable — sufficient to protect against the risks associated with their use of the Services. Any general liability insurance maintained by the Company is maintained solely for the Company's own operations and does not extend to, and may not be relied upon by, any Advertiser, Trailer Partner, or other User.
The Company retains all right, title, and interest in and to the Services, including the Mission Mile Media name, logo, website, software, and all related intellectual property. Nothing in these Terms grants you any right to use the Company's trademarks, logos, or brand assets without prior written consent. Advertiser grants the Company a non-exclusive, royalty-free, worldwide license to reproduce, display, and install Ad Content solely for the purpose of providing the Services, and to use installation photographs and campaign materials — including photographs or images of the vehicle or trailer on which Ad Content is displayed — for the Company's own marketing, verification, and portfolio purposes unless the applicable User opts out in writing.
You are solely responsible for any content, information, or materials you submit through the Services (“User Content”), including Ad Content and any information submitted through applications, forms, or your account. You represent and warrant that you own or have all necessary rights to submit such User Content and that it does not violate these Terms or any third party's rights.
The Services may contain links to, or rely on data or functionality from, third-party websites or services that are not owned or controlled by the Company, including payment processors, mapping services, and government data sources such as DOT Traffic Data (see Section 10). The Company is not responsible for the content, accuracy, availability, privacy practices, or terms of any third-party service or data source, and your use of such services is at your own risk and subject to their respective terms.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY ADVERTISING CAMPAIGN WILL ACHIEVE ANY PARTICULAR RESULT, OR THAT ANY DATA, ESTIMATE, OR FIGURE PROVIDED THROUGH THE SERVICES — INCLUDING ANY ESTIMATE DERIVED FROM DOT TRAFFIC DATA — IS ACCURATE, COMPLETE, OR CURRENT. THE COMPANY FURTHER DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE CONDITION, SAFETY, OR ROADWORTHINESS OF ANY TRAILER PARTNER'S VEHICLE OR THE CONDUCT OF ANY TRAILER PARTNER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR VEHICLE OR TRAILER USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS, THEFT, OR DAMAGE TO ANY VEHICLE, TRAILER, CARGO, OR AD CONTENT, OR FOR ANY INACCURACY IN DOT TRAFFIC DATA OR ANY ESTIMATE DERIVED FROM IT, EACH AS FURTHER DESCRIBED IN SECTIONS 10 AND 11. THE COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, FOR ANY CAUSE WHATSOEVER, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE A FUNDAMENTAL BASIS OF THE PARTIES' BARGAIN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Services; (b) your Ad Content or User Content; (c) your violation of these Terms; (d) your violation of any applicable law or third-party right; (e) for Trailer Partners, the ownership, operation, maintenance, or condition of your vehicle, including any accident, injury, theft, property damage, or regulatory violation arising from or related to such vehicle; and (f) any dispute between you and another User. This indemnification obligation survives termination of these Terms and is not subject to the cap described in Section 18.
These Terms remain in effect for as long as you use the Services. The Company may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms. Upon termination, all provisions that by their nature should survive termination will survive, as further described in Section 21.
The following Sections survive any termination or expiration of these Terms, together with any other provision that by its nature should survive: Section 3 (Marketplace Facilitator), Section 6.7 (Independent Investigation), Sections 7.2, 7.5, 7.6 (Trailer Partner responsibilities), Section 8 (Fees, Payments, and Taxes, as to amounts owed), Section 10 (Data Sources; DOT Traffic Data Disclaimer), Section 11 (Loss, Theft, Damage, and Vandalism Disclaimer), Section 12 (Assumption of Risk; Release), Section 13 (Insurance), Section 14 (Intellectual Property), Section 15 (User Content), Section 17 (Disclaimers of Warranties), Section 18 (Limitation of Liability), Section 19 (Indemnification), Section 22 (Dispute Resolution), Section 23 (Limitation on Time to File Claims), Section 24 (Governing Law), Section 26 (Non-Solicitation), Section 27 (Confidentiality), and Section 29 (General Provisions).
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court. The arbitration will be conducted by a single arbitrator under the rules of a nationally recognized arbitration organization, and judgment on the award may be entered in any court of competent jurisdiction. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. This Section does not prevent either party from seeking injunctive or other equitable relief for claims related to intellectual property, confidentiality, or unauthorized use of the Services.
Any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after the claim or cause of action first arose, or it will be permanently and irrevocably barred, notwithstanding any longer statute of limitations that might otherwise apply under applicable law, to the extent such a contractual limitations period is permitted by law.
These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-laws principles, except to the extent preempted by the Federal Arbitration Act. To the extent any dispute is not subject to arbitration under Section 22, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Stearns County, Minnesota.
The Company will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disaster, weather, pandemic, labor dispute or strike, civil unrest, theft or vandalism by third parties, governmental action or regulatory shutdown, fuel shortage, road or highway closure, vehicle accident, unavailability or inaccuracy of third-party data sources (including DOT Traffic Data), or failure of third-party infrastructure.
During the term of a User's participation in the Services and for twelve (12) months thereafter, User agrees not to solicit, engage, or contract directly with any Advertiser or Trailer Partner introduced through the Company's marketplace for the purpose of avoiding fees owed to the Company. Any advertising arrangement between an Advertiser and a Trailer Partner introduced through the Services is deemed to arise from the Company's marketplace and remains subject to the Company's applicable fees and these Terms, regardless of whether the arrangement is separately formalized outside the Services.
Each User agrees to keep confidential, and not disclose to any third party, the Company's pricing, network capacity, technology, business methods, and any other non-public information disclosed in connection with the Services, except as required by law or with the Company's prior written consent.
The Company may modify these Terms at any time by posting the revised Terms on the website with an updated effective date. Material changes will be communicated through the website or by email where practicable. Continued use of the Services after the effective date of any revision constitutes acceptance of the revised Terms.
These Terms, together with the Privacy Policy and any order confirmations, Trailer Partner agreements, or other documents expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Services and supersede any prior agreements or understandings, whether written or oral.
Questions about these Terms may be directed to admin@missionmilemedia.com.