Terms and Conditions of Use for ProMilesOnline V4
SOFTWARE USAGE AGREEMENT
The following represents an agreement between you and ProMiles Software Development Corporation. This agreement supersedes any and all previous license agreements you may have had with ProMiles Software Development Corporation.
TERMS AND CONDITIONS OF USE
For purposes of this agreement, SOFTWARE is defined as any products, services, or data provided by ProMiles Software Development Corporation (hereafter PSDC). SOFTWARE also includes PSDC products, databases, services, and data offered by PSDC partners, resellers, or other third parties. YOU refers to any person, party, organization or entity that uses the SOFTWARE. By accepting this agreement, YOU agree to the following terms and conditions of use. Usage of SOFTWARE without accepting this agreement is strictly prohibited.
YOU are granted a non-exclusive license to use the SOFTWARE. The license to use the SOFTWARE is non-transferable. YOU may not give any other person, user, party, organization or entity access to, possession of, or copies of the SOFTWARE to which you have access or license. Distribution of credentials for online access is expressly forbidden.
This Agreement, the SOFTWARE, and the rights and obligations hereunder may not be assigned by any act of the Licensee or by operation of law, including but not limited to bankruptcy, assignment for benefit of creditors, collateral for a loan, or satisfaction of a loan, without the prior written consent of PSDC.
RIGHT TO DENY ACCESS
PSDC reserves the right to deny YOU access to its SOFTWARE at its sole discretion for any reason and without notification.
RIGHT TO PURSUE LEGAL ACTION
PSDC reserves the right to prosecute YOU to the full extent of the law for using the SOFTWARE in a manner that is illegal, injurious to PSDC, or not explicitly outlined in the agreement. The right to pursue legal action includes the right to seek monetary damages for usage of the software that materially damages PSDC or its interests.
OWNERSHIP OF THE DATA and SOFTWARE
YOU acknowledge PSDC's ownership of the DATA and its SOFTWARE. DATA includes code, HTML, css, scripts, components, databases, information, and algorithms and any other technological assets necessary for the functioning of the SOFTWARE. YOU agree not to transfer, republish, repurpose, resell, redistribute, reverse engineer, transmit, copy, scrape, modify, misrepresent or use the SOFTWARE and DATA, commercially or non-commercially, in any form except as explicitly stated in this agreement. Use or access to the DATA and SOFTWARE does not constitute a license to the SOFTWARE and DATA except as explicitly stated in this agreement.
USE OF ONLINE SERVICES
You expressly agree not to use the Web Site in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:
- use the Web Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation.
- obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site.
- in any way bypass or circumvent any other measure employed to limit or prevent access to the Web Site or its content.
- violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any server associated with this Web Site, through hacking, password mining or any other means.
- interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site.
- take or attempt any action that, in the sole discretion of this Web Site's operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or such operation's infrastructure.
YOU agree that unless otherwise specified, the SOFTWARE and all intellectual property rights to the SOFTWARE, including but not limited to U.S. and international copyrights, and the ProMiles trademark, are owned by PSDC.
PSDC strives to present the most accurate DATA possible. PSDC does not, however, provide any guarantee, express or implied, that the DATA or reports generated from the DATA are completely accurate, as explained in the DISCLAIMER OF WARRANTIES, section below.
USER RESPONSIBILITY: DRIVING DIRECTIONS
PSDC strives to collect and present the most accurate driving directions possible for its SOFTWARE. These directions are not guaranteed to be accurate. YOU accept the responsibility for YOURSELF and for any others with whom you share directions generated by the SOFTWARE to obey all posted traffic signs and to obey all national, state, and local laws, rules, restrictions, regulations, and law enforcement personnel governing travel wherever YOU or those with whom YOU share directions may drive. PSDC accepts no liability for any mishaps or damages, financial or otherwise, that result from using its driving directions, as outlined in the INDEMNITY section below.
USER RESPONSIBILITY: FUEL TAX REPORTS
PSDC strives to create accurate fuel tax reports based on user data and state and federal requirements. These reports are not guaranteed to be correct. YOU accept responsibility to insure the accuracy and the suitability of the reports generated by the SOFTWARE before submitting them to any state or federal agency. PSDC accepts no liability for any setbacks, financial or otherwise, incurred by using its SOFTWARE, as outlined in the INDEMNITY section below.
PSDC will provide reasonable IFTA audit support, via telephonic support and the use of ProMiles audit reports, to Customers who are active, at no additional cost. ProMiles will not be responsible and shall not be liable for the results of any such audit. It is the responsibility of the Customer to maintain compliance standards for IFTA filing purposes. Onsite support for an audit is available at customer’s request. PSDC shall bill for such at $100 per hour plus all reasonable travel expenses.
USER RESPONSIBILITY: DISTRACTED DRIVING
Review maps before departing. If you need to refer to a map or driving directions, pull over to a safe location. Distracted driving could divert a person’s attention away from the primary task of driving. All distractions can endanger driver, passenger, general motorist and bystander safety. PSDC accepts no liability incurred by attempting to use the SOFTWARE or any derivative thereof while driving.
YOU understand that your use of PSDC SOFTWARE is at your own risk. YOU agree to hold PSDC, its affiliates, resellers, partners, officers, agents, and employees blameless for any set-back, damage, inconvenience, or other difficulty, financial or otherwise, that may arise from the use of its SOFTWARE.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall PSDC and/or its affiliates be liable for any direct, indirect, punitive, incidental, 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 SOFTWARE. In no event will PSDC, its affiliates or licensors be liable to YOU or anyone else for any decision made or action taken in reliance on such content. Because some states/jurisdictions do not allow the exclusion or limitation of liability for some damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the SOFTWARE, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the SOFTWARE.
DISCLAIMER OF WARRANTIES
YOU expressly understand and agree that:
- YOU use the SOFTWARE at your sole risk. The SOFTWARE is provided on an "as is" and "as available" basis. PSDC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties, guarantees, conditions, covenants or representations by ProMiles as to marketability, fitness for a particular purpose or other attributes, whether express or implied (in law or in fact), oral or written.
- PSDC makes no warranty that (i) the SOFTWARE will meet your requirements, (ii) the SOFTWARE will be uninterrupted, timely, secure, or error free, (iii) the results that may be obtained from the use of the SOFTWARE will be accurate or reliable, (iv) the quality of the SOFTWARE will meet your expectations, and (v) any errors in the SOFTWARE will be corrected.
- Any material downloaded, installed, or otherwise obtained through the SOFTWARE is is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system(s), damage to your network(s), or loss of data that results from the download or installation of any such material.
- No advice or information, whether oral or written, obtained by YOU from PSDC shall create any warranty not expressly stated in this agreement.
Copyright (c) 1994 - 2016 ProMiles Software Development Corporation - 1900 Texas Avenue, Post Office Box 398, Bridge City, TX 77611 U.S.A.
“ProMiles” - is a registered trademark of ProMiles Software Development Corporation.
“TruckMiles” - is a registered trademark of ProMiles Software Development Corporation.
“XF” - is a registered trademark of ProMiles Software Development Corporation.
“KingPin” – is a registered trademark of ProMiles Software Development Corporation.
“FuelTaxOnline” trademark application filed with USPTO.
THIRD PARTY RIGHTS AND TRADEMARKS
The SOFTWARE may include a portion, subset or derivative compilations from third parties. By using the SOFTWARE, YOU agree to the Terms and Conditions of these providers in their entirety. Third parties retain the right to modify their Terms and Conditions independently of PSDC.
- Map data ©1984-2016 Tele Atlas/TomTom North America, Inc. All rights reserved.
- Canadian Data © 2016 DMTI Spatial Inc. and its licensors and © 2016 Tele Atlas/TomTom North America.
- Bing™ Maps – including © 2016 HERE Earthstar Geographics SIO and ©2016 Microsoft Corporation https://www.microsoft.com/maps/assets/docs/terms.aspx
- Portions of Canadian map data are reproduced under license from Her Majesty the Queen in Right of Canada with permission from Natural Resource Canada.
- Logos for specific truck stop chains or fuel brands may be registered as trademarks or service marks by their respective owners.
This Agreement gives you specific legal rights and you may have other legal rights that vary from state to state. This License Agreement shall be governed by the laws of the state of Texas. All disputes hereunder shall be resolved in the applicable state or federal courts having jurisdiction in Texas.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
All rights reserved. No part of this publication or software may be reproduced, transmitted, stored in a retrieval system, nor translated into any human or computer language in any form or by any means without the written permission of the copyright owner, ProMiles Software Development Corporation, 1900 Texas Avenue, Post Office Box 398 Bridge City, TX 77611 U.S.A.