Trucking Weather, Traffic and Road Conditions App Terms and Conditions of Use
These Trucking Weather, Traffic and Road Conditions App Terms and Conditions of Use (these "Terms") are a binding legal contract between you and Lodeso, Inc. d/b/a My Driver Tools and its affiliates ("My Driver Tools") and governs your use of this website and any content or mobile applications linking to or made available through this website, including any subdomains thereof.
By accessing, browsing and/or otherwise using this website, the online service and any associated applications, mobile applications, services and materials linking to or provided therein ("Online Service"), you acknowledge that you have read, understood and agreed to be bound by these Terms, and you agree to comply with all applicable laws and regulations. For purposes hereof, "you" or "your" shall include yourself, your organization and any entity you represent or on the behalf of which you use the Online Service. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Online Service. The material provided on this Online Service is protected by law, including, but not limited to, United States copyright law and international treaties.
These Terms do not alter in any way any other agreement you may have with My Driver Tools. If you fail to comply in any way with these Terms, your authorization to access and to use this Online Service automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of this Online Service.
To obtain access to our Online Service, you will be required to register with My Driver Tools. Children under the age of 13 may not register for the Online Service. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to use this Online Service under the name of another person. My Driver Tools reserves the right to reject or terminate any user name that, in its sole discretion, it deems offensive.
Authorized Use. The Online Service and the information therein may only be used for your internal business and management purposes ("Authorized Use"). Authorized Use expressly excludes: (i) selling, sublicensing, redistribution, retransmission, transfer or other commercial exploitation of the Online Service, in whole or in part; (ii) preparation of derivative works or incorporation of the Online Services materials, in whole or in part, in any other work or system; (iii) reverse engineering, decompiling or modification of the Online Services, in whole or in part; (iv) use of the Online Services contrary to applicable laws or regulations or in any way that causes, or may cause, harm to the website, or to any person or entity; and (v) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Online Services or the website.
Copyright. All Online Service materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of My Driver Tools or its licensors, all rights reserved. Except for the Authorized Use specified above, you may not copy, modify or distribute any of the Online Service materials. You may not "mirror" any material contained on this Online Service on any other server. Any unauthorized use of any material contained on this Online Service may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Trademarks. The trademarks, service marks, trade names, and logos, including, but not limited to, page headers, custom graphics, button icons, and scripts (collectively, the "Trademarks") used and displayed on this Online Service are registered and unregistered trademarks, service marks and/or trade dress of My Driver Tools or its licensors, and you many not copy, imitate or use the Trademarks, in whole or in part, for any purpose. No license or other right to use any Trademark used or displayed on the Online Service is granted to you.
Limited Access. Any access or attempt to access for any reason areas of the My Driver Tools computer system or other information thereon (except for the limited portions of the Online Service that you have expressly been provided access to pursuant to these Terms) is strictly prohibited. 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 pages on the Online Service or the content contained herein in whole or in part. You will not spam or send unsolicited e-mail to any other user of the Online Service for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Online Service. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on My Driver Tools's infrastructure.
Restricting Access. My Driver Tools reserves the right to restrict or terminate your access to the Online Services in the event of any violation of these Terms.
You agree to defend, indemnify and hold harmless My Driver Tools, its Affiliates, its licensors, and any of their respective officers, directors, employees, subcontractors, agents, successors, assigns, affiliates or subsidiaries, from and against any and all claims, causes of action, lawsuits, proceedings, losses, damages, costs and expenses (including reasonable legal and accounting fees) arising or resulting from (i) your use of the Online Service; (ii) your violation of these Terms; (iii) incomplete or inaccurate information or data provided by you; or (iv) unauthorized use of any content or materials available on or through the Online Service. My Driver Tools reserves the right, at its discretion, to assume or participate, at your and your organization's expense, in the investigation, settlement and defense of any action or claim to which it is entitled to indemnification. No claim shall be settled without My Driver Tools prior written consent unless such settlement includes a complete release of My Driver Tools from all liability and does not contain or contemplate any payment by, or injunctive or other equitable relief binding upon, My Driver Tools.
THIS ONLINE SERVICE, INCLUDING ALL CONTENT, WEBSITES, APPLICATIONS, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED "AS IS," "WITH ALL FAULTS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MY DRIVER TOOLS, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE ONLINE SERVICE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT.
IN NO EVENT WILL MY DRIVER TOOLS, ITS AFFILIATES, AND ITS LICENSORS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE OR INABILITY TO USE THIS ONLINE SERVICE, ANY WEBSITES LINKED TO THIS ONLINE SERVICE, THE MATERIALS, APPLICATIONS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH ONLINE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WHILE YOUR USE OF THE ONLINE SERVICE IS AT YOUR OWN RISK, IF MY DRIVER TOOLS SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ONLINE SERVICE, MY DRIVER TOOLS' TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE LESSER OF $1000 OR THE AMOUNT OF FEES PAID TO MY DRIVER TOOLS BY YOUR CONTRACTING ORGANIZATION FOR THE APPLICABLE PORTION OF THE ONLINE SERVICES IN THE PRECEDING SIX (6) MONTHS. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION, MY DRIVER TOOLS AND ITS LICENSORS WOULD NOT PROVIDE THE ONLINE SERVICE OR THE MATERIALS ACCESSIBLE HEREIN.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. My Driver Tools' failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by My Driver Tools in writing. These Terms may be assigned in whole or in part by My Driver Tools at any time. These Terms may not be assigned in any manner by you without the express, prior written permission of My Driver Tools, and any attempted assignment in contravention of the foregoing shall be void.
These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Wisconsin (the "Wisconsin Courts") for any litigation or dispute arising out of or relating to these Terms, (ii) agree not to commence any litigation arising out of or relating to these Terms except in the Wisconsin Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Wisconsin Courts represent the exclusive jurisdiction for all disputes relating to these Terms.