WALZIK TERMS AND CONDITIONS
To protect your Walzik account, keep your password confidential. You are responsible for the activity that happens on or through your Walzik account. Try not to reuse your Walzik account password on third-party applications. If you learn of any unauthorized use of your password or Walzik account, please change your password as soon as possible.
We are constantly changing and improving our services. We may add or remove functionalities or features, and we may suspend or stop services altogether.
You can stop using our services at any time. No refunds will be given for unused services.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The above terms and conditions shall be governed by the laws of the State of Delaware. You agree to submit to the jurisdiction of the State of Delaware for any and all disputes, claims and actions arising from or in connection with the services provided to you by Walzik, Inc, except those relating to data provided by HERE, as described below.
HERE NAVSTREETS END-USER LICENSE TERMS
The data (“Data”) is provided for your personal, internal business use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and Waste Industries and its licensors (including their licensors and suppliers) on the other hand. © 2014 HERE. All rights reserved. The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen’s Printer for Ontario, © Canada Post Corporation, GeoBase HERE holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information. ©United States Postal Service® 2009. Prices are not established, controlled or approved by the United States Postal Service®. The following trademarks and registrations are owned by the USPS: United States Postal Service, USPS, and ZIP+4.
TERMS AND CONDITIONS
Personal or Internal Business Use Only.
You agree to use this Data together with GIS applications for the solely personal or internal business purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
Restrictions.
Except where you have been specifically licensed to do so, and without limiting the preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.
Warning.
The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.
No Warranty.
This Data is provided to you “as is,” and you agree to use it at your own risk. HERE and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.
Disclaimer of Warranty:
HERE AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability:
HERE AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF HERE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
Export Control.
You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. Entire Agreement. These terms and conditions constitute the entire agreement between HERE (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law.
The above terms and conditions shall be governed by the laws of the State of Illinois, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the State of Illinois for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.
Government End Users.
If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, the Data is a “commercial item” as that term is defined at 48 C.F.R. (“FAR”) 2.101, is licensed in accordance with these End-User Terms, and each copy of Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following “Notice of Use,” and shall be treated in accordance with such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: 425 West Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as defined in FAR 2.101 and is subject to these End-User Term under which this Data was provided.
© 2016 HERE – All rights reserved.
If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify HERE prior to seeking additional or alternative rights in the Data.
ZIP CODE DATA SOURCE DISCLAIMER
HUD and the dataset and metadata authors assume no responsibility for the use or misuse of the dataset. No warranty, expressed or implied is made with regard to the accuracy of the spatial accuracy, and no liability is assumed by the U.S. Government in general, the dataset creators or the U.S. Department of Housing and Urban Development specifically, as to the spatial or attribute accuracy of the data.
ACCUGPS TRACKER LICENSE
AccuGPS, Inc. (the Corporation) agrees to provide vehicle tracking/video Streaming services to Subscriber in accordance with the following terms and conditions:
1. Subscription Services – Subject to the terms and conditions hereof, the Corporation hereby grants a non-exclusive, non-transferable license to the Subscriber for the Term to:
a. access over the Internet to vehicle tracking services as set forth in the Subscriber Agreement, and
b. use any user manuals, data forms, templates and other documentation or material in printed form including any corrections or additions thereto or any subsequent releases thereof as supplied by the Corporation (hereinafter collectively referred to as the “Related Materials”).
2. Fees – The license granted to the Subscriber herein is subject to the payment of all applicable license and subscription fees as set forth in the Subscriber Agreement. Fees for any additional services to which the Subscriber may wish to have access will be calculated on the basis of the prices in effect at the time of the order by the Subscriber for such addition and not those in effect on the Effective Date of this Agreement. The number of units in respect of which this Agreement is made as identified in the Subscriber Agreement may be increased at the request of the Subscriber without modification of this Agreement. All terms and conditions of this Agreement shall apply to any units added effective at the date of commencement of service of those units.
The fees for the license granted herein are subject to change. The Corporation may change the fees at any time and from time to time after the conclusion of the Term of this Agreement as set forth in the Subscriber Agreement (hereinafter referred to as the Renewal Date). The changed prices will be effective on and after renewal Date provided notice is given to the Subscriber at least
60 days prior thereto subject to the rights of the Subscriber not to renew this Agreement pursuant to Section 8 hereof.
3. Taxes -The fees set out in this Agreement are exclusive of any applicable sales, use, excise, goods and services, utility or other taxes. All applicable taxes may be identified on the subscriber invoice and will be paid by the Subscriber.
4. Payment – The Subscriber will pay fees to the Corporation in accordance with the payments schedule as set forth in the Subscriber Agreement. The subscriber will be invoiced monthly in advance for vehicle tracking/ video streaming services. If payment is not received within 30 days of the Invoice Due Date the Corporation reserves the right at the sole discretion to terminate
the access of the Subscriber to the services without notice to the Subscriber, or Subscriber may be put on Credit Card only terms for future invoices. The Subscriber agrees that the Corporation will not be held liable for any damages resulting from the loss of service due to the Subscriber’s non-payment of the subscription renewal fees.
5. Hardware and Wireless Connections – the Subscriber hereby acknowledges and agrees that the Subscriber shall be responsible to provide at its own expenses such as hardware and other facilities and wireless data services as are necessary to meet the specifications and to operate the software, systems and other services provided by the Corporation hereunder. The Corporation shall provide the specifications required and, if requested in writing, shall advise the Subscriber on hardware equipment, software and wireless data services and combinations and configurations thereof; provided that notwithstanding any such specifications or advice provided by the Corporation in no circumstances will the Corporation be responsible for the failure of
any such hardware, software or other systems or any combination or configurations thereof to operate properly or at all with the Corporations’ software and other services.
6. Limited Warranty – The Corporation warrants that the services will substantially perform the functions set out in the on-line documentation accompanying the services. If the services fail to perform as specified in this warranty, the Corporation will make reasonable efforts to correct the deficiency. If the Corporation is unable to correct the deficiency within a reasonable period of time the Corporation will provide a refund of not more than the amount of the subscription fees paid since the latter of the Effective Date or the most recent Renewal Date, as liquidated damages (and not as a penalty) and which shall be the Subscribers’ sole entitlement and remedy. This limited warranty is the only warranty of any kind made by the Corporation. No verbal or written information or advice given by the Corporation, its dealers or distributors shall in any way create a warranty or increase the scope of this warranty. Except as explicitly provided in this section 6, under no circumstances(including negligence), shall the Corporation be liable for any direct or indirect, incidental, special, consequential or punitive damages that result from the use or inability to use the services, including, without limitation, lost profits, or lost revenues, no matter what theory of liability, even if such damages were reasonably foreseeable, even if the Corporation has been advised of the possibility of such damages or if such damages arose from a fundamental breach of this Agreement,. In no event shall the total liability of the Corporation to the Subscriber for all claims, damages, losses. costs, expenses and causes of action, whether in contract, tort (including negligence) or otherwise, exceed the amount paid for the subscription since the latter of the Effective Date or the most recent Renewal Date. The warranty includes both software and hardware while utilizing the services.
7. Terms – Subject to termination pursuant to section 8 hereof, the term of this Agreement (the “Term”) shall be as set forth in the Subscriber Agreement from the Effective Date.
8. Termination – The Corporation may at its sole discretion restrict or terminate the Subscriber’s account at any time with causes including without limitation:
a. payment of 30 days’ past due or
b. breach of any term or condition of this Agreement.
9. Confidentiality – The Corporation warrants that it will maintain the confidentiality of the Subscriber’s data held on its servers in accordance with industry standards. The Subscriber warrants that it will maintain the confidentiality of its account user identification names and passwords. Unauthorized use of the account through the negligence for the Subscriber will constitute a breach of this Agreement.
10. Loss of Service or Data – The Corporation shall use reasonable efforts to ensure that those portions service over which the Corporation has control are functioning properly and that the integrity of the data received from the Subscriber is maintained. The Corporation, its affiliates, and their respective officers, directors, agents, employees, suppliers, and shareholders are not and shall not be responsible for any loss or damage suffered by the Subscriber or by any party claiming through or under the Subscriber as a result of or related to the use of the services including but not limited to:
a. loss or damage suffered by the Subscriber or by any party claiming through or under the Subscriber as a result of or related to the use of the services including, but not limited to the performance of the Internet.
b. loss or damage to the Subscriber’s equipment, facilities, software, or data arising from mistakes, omissions, interruptions, delays, error, non-delivery, incorrect delivery.
c. viruses or defects in the transmission of the information or data on the Internet.
11. Limitation of Liability – In no event shall the Corporation, or its third-party suppliers be liable to the Subscriber for any damages, direct or indirect, including any lost profits, lost savings, interruption of business, loss of business opportunities or other incidental or consequential damages arising out of the use or inability to use the services for which the subscriber has subscribed
hereunder, even if the Corporation or any authorized dealer or distributor has been advised of the possibility of such damages. In no event shall the Corporation have any liability for damages from any cause of action whatsoever in excess of the subscription fees paid for the subscribed services hereunder for the term in which the breach arose, EXCEPT AS EXPRESSLY WARRANTED
IN THIS AGREEMENT THE SUBSCRIPTION SERVICES AND ASSOCIATED WRITTEN MATERIALS IN CONNECTION THEREWITH ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES STATUTORY OR OTHERWISE OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SUBSCRIBED SERVICE IS WITH THE SUBSCRIBER. THE CORPORATION DOES NOT WARRANT GUARANTEE OR MAKE ANY REPRESENTATION THAT THE SUBSCRIBERS REQUIREMENTS OR BE MERCHANTABLE OR FIT FOR ANY PURPOSE.
12. Acknowledgement of Intellectual Property Rights – The Subscriber hereby acknowledges that the Services, all data retrieved and stored by the Corporation and all patent rights, trademark rights, service mark rights, copy rights and other intellectual property rights relating thereto are an shall at all times remain the exclusive and valuable property of the Corporation. The
Corporation’s logos, product names, and Related Material may not be used for any other purpose other than that contemplated in this Agreement without the express prior written consent of the Corporation.
13. Notice – Any notice required or permitted hereunder shall be given in writing by prepaid registered mail, personal delivery, facsimile or other form of electronic communication (provided in the latter two cases that delivery thereof is confirmed) to the Subscriber as set forth in the first page hereof and for the Corporation. All notices pursuant to this Agreement shall be deemed
effective when delivered if delivered by hand: in five business days from the date posted if delivered by registered mail; or upon the next business day following confirmed transmission by facsimile or electronic communication.
14. General – This Agreement constitutes the entire agreement between the Corporation and the Subscriber with respect to the
delivery and use of the services and supersedes all prior or contemporaneous understandings or agreements written or oral
regarding the subject matter. If any part of this Agreement is found to be void and unenforceable according to its terms. This
Agreement may only be modified in writing and signed by a person authorized by the Corporation.