WEBSITE TERMS OF USE
Please read these website terms of use carefully before using FleetDefense Developed by Alertdriving® (the “Software”). Wherever used herein, Alertdriving means Sonic e-Learning Inc., and includes its related or affiliated entities, suppliers, and licensors and their respective directors, officers, employees, consultants and agents. By accessing, browsing and using this Software, you are signifying your consent to be bound by these website terms of use (the “Terms of Use”). If you do not agree to these Terms of Use do not use the Software and exit the website.
Use of Software and Restrictions on Use
These Terms of Use set forth the basis upon which Alertdriving grants to you a limited non-exclusive non-transferable licence to use the Software, provided that you have agreed to these Terms of Use.
You agree that you will not and will not permit any third party to:
(a) copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, reprogram, lend, rent, lease, merge (with other software) or attempt to determine the source code for the Software;
(b) market, sell, distribute, assign, license, sublicense, or time share the Software;
(c) make the Software available to others in a service bureau, a “software as a service” model, or in an “application service provider” model;
(d) create other software products on the basis of the Software or parts thereof, or make the Software available to third parties in any form or otherwise transfer or exploit the Licenses or the Software or any part thereof;
(e) duplicate in hard copy or any other format whatsoever, any documentation provided to you in connection with the Software, except that, with proper copyright notices, you may make a single copy of such documentation for your own use;
(f) interrupt, restrict or attempt to interrupt or restrict the operation of the server(s) hosting the Software;
(g) breach or attempt to breach the security of another user or gain access to their computer, software or data without their consent;
(h) restrict or attempt to restrict, inhibit or degrade in any way, any use of the Software by authorized users;
(l) use or distribute tools designed for compromising security, such as packet sniffers, ping bombers, cracking tools, password
guessing programs or network probing tools;
(j) seize or abuse Software administrator privileges;
(k) transmit through the Software or to the server(s) hosting the Software, any viruses, trojan horses, time bombs, worms or other forms of harmful code that is designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment;
(l) use or distribute tools designed for compromising security, such as packet sniffers, ping bombers, cracking tools, password guessing programs or network probing tools;
(m) use the Software or the servers hosting the Software for any denial of service attacks, network flooding or overloading or for any botnet networks;
(n) knowingly input, through the Software, any information, data, or other content, that is incorrect, inaccurate or fraudulent; do any act that compromises the security of the server hosting the Software;
(o) use the Software for any unauthorized or unlawful purpose, including, without limitation, for the production or dissemination of any libellous, defamatory, fraudulent, infringing, abusive, lewd, obscene or pornographic material or in any otherwise objectionable or illegal manner;
(p) use the Software to send out spam, chain letters, pyramid schemes or multi level marketing scams; or
(q) use the Software to otherwise violate the rights of others.
Indemnification
To the maximum extent permitted by applicable law, you will defend, indemnify and hold Alertdriving harmless from and against any and all claims, damages, losses liabilities, costs and expenses of any kind, including all legal fees and costs, arising out of (i) your breach of any provision of these Terms of Use, and/or (ii) your use of the Software. Alertdriving reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any action, claim or matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.
Changes to Terms of Use
Alertdriving reserves the right to make changes to these Terms of Use relating to the Software without prior notice. We will post an updated version of these Terms of Use on our Website, www.alertdriving.com from time to time. Your continued use of the Software constitutes acceptance of these changes from time to time.
Account Password and Security
You will be issued a user name and password to use the Software. You are solely responsible for the confidentiality of your user name and password. In the event of any known or suspected unauthorized use of your user name or password, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your user name or password, immediately notify your service Sonic. In the event of a breach of security, you will remain liable for any unauthorized use of your user name and password until you notify your service Sonic of such breach of security.
Disclaimer of Warranties
THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. ALERTDRIVNG DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THE SERVICES.
ALERTDRIVING DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, THE SOFTWARE AND ANY SERVICES;
ALERTDRIVING DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE WEBSITE, THE SOFTWARE OR THE PERFORMANCE OF ANY SERVICES IS FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE WEBSITE, THE SOFTWARE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR ACCURATE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SOFTWARE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS;
ALERTDRIVING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, THE SOFTWARE, THE SERVICES OR ANY CUSTOMER DATA IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, SEQUENCE, AUTHENTICITY OR COMPLETENESS OR OTHERWISE AND DISCLAIMS ANY RESPONSIBILITY THEREFOR; AND
ALERTDRIVING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EFFECTIVENESS OF THE CONTENT PRESENTED THROUGH THE WEBSITE OR THE SOFTWARE OR THAT THE USE OF THE WEBSITE OR THE SOFTWARE WILL RESULT IN AUTHORIZED USERS’ SAFE OPERATION OF THEIR VEHICLES.
Limitation of Liability
NEITHER ALERTDRIVING NOR ITS LICENSORS SHALL BE LIABLE OR OBLIGATED IN ANY MANNER FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOST REVENUE, FAILURE TO RECOGNIZE EXPECTED SAVINGS OR OTHER ECONOMIC LOSS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHERWISE RESULTING FROM THE USE OF THE SOFTWARE, THE WEBSITE, THE SERVICES OR THE PERFORMANCE OR NON-PERFORMANCE OF ALERTDRIVING’S OBLIGATIONS UNDER THESE TERMS OF USE.
THE LIABILITY OF ALERTDRIVING, ITS AFFILIATES AND LICENSORS UNDER THESE TERMS OF USE SHALL NOT EXCEED $100 CAD IN THE AGGREGATE.
Proprietary Rights
The Software is owned by Alertdriving and is provided under license. The structure, organization and code of the Software are valuable trade secrets of Alertdriving. The Software is also protected by Canadian and U.S. copyright law and international treaty provisions. Trade-marks shall be used in accordance with accepted trade-mark practice, including identification of trade-marks owners’ names. Trade-marks can only be used to identify printouts produced by the Software and such use does not give you any rights of ownership in such trade-marks. These Terms of Use do not grant to you any intellectual property rights in and to the Software or any part thereof and provides only the Terms of Use under which you are licensed to use the Software. These Terms of Use are not an agreement for the sale of the Software to you.
Governing Law
These Terms of Use will be governed by the Province of Ontario and the laws of Canada applicable therein. The application of the United Nations Convention on Contracts for the international sale of goods is expressly excluded. If any part of these Terms of Use are found void and unenforceable, such finding will not affect the validity of the balance of these Terms of Use, which shall remain valid and enforceable according to their terms.
Suspension and Termination
Alertdriving may, at any time, without notice to you, suspend or terminate your access to the Software if, in Alertdriving’s sole discretion, you fail to comply with any material term or provision hereof or if Alertdriving believes that you, by your conduct, have violated any applicable law or are acting contrary to the interests of Alertdriving. All warranty disclaimers, limitations on liability, and proprietary rights shall survive termination of these Terms of Use and you agree to remain bound by those provisions that survive termination.
General Provisions
These Terms of Use set forth Alertdriving’s entire liability and your exclusive remedy with respect to the Software. You acknowledge that these Terms of Use are a complete statement of the agreement between you and Alertdriving and that there are no other prior or contemporaneous understandings, promises, representations or descriptions regarding the Software. These Terms of Use do not limit any rights that Alertdriving may have under trade secret, copyright, patent, trade-mark or other laws. Alertdriving’s representatives are not authorized to make modifications to these Terms of Use or to make any additional representations, commitments, or warranties binding on Alertdriving other than in writing signed by an officer of Alertdriving. Accordingly, such additional statements are not binding on Alertdriving and you should not rely upon such statements. If any provision of these Terms of Use is invalid or unenforceable under applicable law then it is to that extent deemed admitted and the remaining provisions will continue in full force and effect.