AGREEMENT BETWEEN USER AND COMPANY
Through its Web Site ProconGPS, Inc. (“Company”) provides you with access to
various services and information, including GPS tracking of vehicles, product
information, company information, and other information contained within the
web pages of the Company Web Site (collectively “Web Content”).
The Web Content is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use
of the Web Content constitutes your agreement to all such terms, conditions,
Content and do not alter in any way the terms and conditions of any other
agreement you may have with Company for products, software, services or
otherwise, unless otherwise directed by Company.
Company reserves the right to change the terms, conditions, and notices under
which the Web Content is offered, including but not limited to the charges
associated with the use of the Web Content.
All Web Content, including, without limitation, text, pictures, graphics and
other files and the selection and arrangement thereof are copyrighted materials
of ProconGPS, Inc. © 2004-2010, ALL RIGHTS RESERVED, or by the original creator
of the material. Permission is granted to display, copy, distribute, and
download the copyrighted materials for personal, noncommercial use only,
provided you do not modify the materials and that you retain all copyright and
other proprietary notices contained in the materials. You may not, however,
distribute, copy, reproduce, display, republish, download, or transmit any
copyrighted material for commercial use without prior written approval of
Company. You may not “mirror” any copyrighted material on any other server
without prior written permission from Company.
LINKS TO THIRD PARTY SITES
The Company Web Site may contain links to other Web Sites (“Linked Sites”). The
Linked Sites are not under the control of Company and Company is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. Company is not responsible for any form of transmission received from any
Linked Site. Company is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Company of the site or
any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Content you agree to not use the Web
Content for any purpose that is unlawful, improper, or prohibited by these
terms, conditions, and notices. You may not use the Web Content in any manner
which could damage, disable, overburden, or impair the Web Content or interfere
with any other party’s use and enjoyment of the Web Content. You may not obtain
or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Web Content. You may
not attempt or gain access to any Company servers or networks through hacking
or any other means. You agree that you will not use any robot, spider, other
automatic device, or manual process to “screen scrape,” monitor, “mine,” or
copy the Web Content without Company’s prior, express, and written permission.
You agree not to use the Web Content for any commercial use without prior
consent from Company.
WEB CONTENT RESTRICTED BY USER ID AND PASSWORD
If access to any Web Content requires a user id and password (“Restricted Web
Content”), you must agree to the Subscription Service Agreement or Master
Marketing Agreement associated with that Restricted Web Content before
accessing it. By accessing the Restricted Web Content you agree to be bound by
the terms of the Subscription Service Agreement and/or Master Marketing
Agreement associated with that Restricted Web Content. You are responsible for
maintaining the confidentiality of your user id and password, and you are
responsible for any activities that occur under your user id. You may not use
anyone else’s user id and password.
THE WEB CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB CONTENT AT ANY TIME. ALL WEB
CONTENT IS PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE WEB CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB CONTENT, WITH THE DELAY OR
INABILITY TO USE THE WEB CONTENT, THE PROVISION OF OR FAILURE TO PROVIDE WEB
CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY WEB
TO DISCONTINUE USING THE COMPANY WEB SITE.
SERVICE CONTACT firstname.lastname@example.org
Company reserves the right, in its sole discretion, to terminate your access to
the Web Content or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws
of the State of Tennessee, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in Knox County, Tennessee, U.S.A. in all
disputes arising out of or relating to the use of the Web Content.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Company as a result of this agreement or
access to or use of the Web Content.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.