Terms of Service
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU SHOULD REVIEW THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND LOGISTIMATICS.
1. Binding Effect / Users. These Terms set forth the legally binding terms for your use of the Website. “Use” of or “Using” the Website includes browsing, using, or accessing all or any part of the Website and any content offered therein. Your use of the Website signifies that you have read, understand and agree to be bound by these Terms. You are only authorized to use the Website (regardless of whether your use is intended) if you agree to abide by all applicable laws and these Terms. If you do not agree to abide by all applicable laws and these Terms, you should discontinue use of the Website immediately.
2. Other Policies / Terms. All policies currently posted on the Website, and all policies that may be posted by us on the Website in the future, in our sole discretion, are hereby incorporated into these Terms.
3. Modification of Terms. WE RESERVE THE RIGHT TO CHANGE, ADD TO, OR DELETE, PORTIONS OF THESE TERMS WITHOUT FURTHER NOTICE TO YOU, IN OUR SOLE DISCRETION. If we do this, we will post such modifications on our website. Each such modification shall be effective upon posting. Your continued use of the Website after Logistimatics posts a modification signifies your acceptance of such modification. It is your responsibility to review these Terms regularly to ensure you are aware of any changes.
4. Eligibility. By using the Website, you represent and warrant that (a) all information you submit to the Website is truthful, accurate, current and complete; (b) you will update and maintain the accuracy of such information; (c) you have legal capacity and are of legal age to accept and agree to be bound by these Terms (as per the laws and regulations of your jurisdiction); and (d) your use of the Website does not violate any applicable law, rule or regulation. Your Registration may be terminated without notice if we believe that you are not of legal age or otherwise lack legal capacity to accept and agree to be bound by these Terms or as otherwise permitted herein.
5. Term and Termination of Registration/Access.
5.1 Cancellation. The Term of this Agreement commences on the Effective Date hereof. Unless otherwise provided for, this agreement will automatically renew for additional terms unless the Customer gives written notice of their intention to not renew at least one day in advance of the end of the current term.
5.2 Termination for cause. Logistimatics reserves the right, in its sole discretion, to deny, restrict, suspend or terminate your use of all or any part of the Website at any time, for any reason or no reason at all, with or without notice or explanation, and without liability. Logistimatics expressly reserves the right to deny, restrict, suspend, or terminate your use of all or any part of the Website if Logistimatics determines, in its sole discretion, that you have violated these Terms or that you may pose a threat to the Website and/or its users. After access is terminated, these Terms will terminate, but any terms that by their nature survive the termination of these Terms shall continue to apply.
6. Passwords and Security.
6.1. When you register for Logistimatics account, an account will be created and you will be prompted to create an account, username and password. You are responsible for maintaining the confidentiality and security of your password. You agree not to use the account, username, or password of another Registered User at any time. You further agree not to disclose your password to any third party. You agree to notify Logistimatics immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account and for all actions that take place through the use of your account.
6.2. We may, in our sole discretion, provide you with authentication tokens (i.e., API registration keys, etc.), or other security control information, in connection with your the Website account. Use of such security control information is restricted to authorized users only, and may not be disclosed to any third party. Unauthorized access is prohibited.
7. Your use of the Website.
7.1 All electronic documents that you upload and store on your account shall be your “Content”. We do not control, verify, or endorse the Content that you or others upload through the Services. You are responsible for: (a) all Content you upload and share through the Services and (b) making sure that you have all the rights you need to the Content.
7.2 You agree to provide us (as well as agents or service providers acting on our behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, or (iv) to respond to an emergency.
7.3 The Services are provided from the United States. By using and accessing the Services, you understand and agree to the storage of Content and any other personal information in the United States. However, you understand that you (or other people that you collaborate with) can access the Services (including Content) from outside of the United States (subject to applicable law) and that nothing prohibits the processing of other information outside of the United States.
7.4 You agree you will not, nor will you encourage others or assists others, harm the Services or use the Services to harm others. For example, you shall not use the Services to harm, threaten, or harass another person or organization. You shall not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by us) to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of these Terms; (f) use the Services to violate any law of distribute malware or malicious Content; or (g) distribute, post, share information or Content you don’t have the right to or is illegal.
7.5. We may sometimes review how our services are being accessed and used, but you acknowledge that we have no obligation to do so. We are not responsible for files, user posts on our forums or elsewhere, or any other information accessible through the Website.
7.7. Logistimatics is not obligated to evaluate or provide any comments to you regarding any submissions you make to Logistimatics. In Logistimatics’s sole discretion, Logistimatics may contact you with critiques, updates, feedback or questions regarding your submissions, including the status of Logistimatics’s evaluation of your submission. In no event will any such contact or communication from Logistimatics obligate Logistimatics to adopt your submission, provide a timeframe for evaluation or even provide any additional communication regarding your submission.
7.8. Nothing in these Terms will impair Logistimatics’s right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with, any other products, software or technologies that you may develop, produce, market, or distribute. In the absence of a separate written agreement to the contrary, Logistimatics will be free to use any information, suggestions or recommendations you provide to Logistimatics pursuant to these Terms for any purpose, subject to any applicable trademarks, patents, or copyrights.
8. Proprietary Rights to our Content.
8.1. Rights to our Content. All content available on the Website, including without limitation, designs, text, blog posts, graphics, profiles, messages, notes, advertisements, listings, pictures, images, video, bios, information, reviews, works of authorship, applications, software and API’s (“Software”), music, sound and other files, and their selection and arrangement (the “our Content”) are the proprietary property of Logistimatics or its licensors with all rights reserved. Except as expressly provided in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, use, perform, post, display, frame, reproduce, republish, download or sell all or any part of our Content, in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Logistimatics’s prior written permission.
8.2. License to our Content. If you are a current registered user of the Website, you are granted a limited, revocable license to use our Content, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish our Content on any Internet, intranet or extranet site or incorporate the information in any other database or compilation, or publish our Content in any other form or format. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or our Content other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and communications regulations and statutes. Except as expressly stated herein, any use of our Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
8.4. Right to use Registered User Information. You authorize us to make such copies of your personal information as we deem necessary to facilitate its use and storage. You also grant us the right to use any of your Registered User Information to provide you with targeted advertising or promotional material, to offer personalized features, to complete surveys, studies or data analysis conducted by Logistimatics or any of its partners or for other promotional or marketing purposes.
8.5. Copyrights/Patents. All the Website design, text, graphics, blog posts, logos, button icons, images, photos, audio clips, video clips, digital downloads, data compilations, Software, and our Content, are owned solely and exclusively by Logistimatics or its content suppliers and are protected by U.S. and international copyright or patent laws. The compilation, “look and feel” and color schemes of all content on the Website are the exclusive property of Logistimatics and protected by U.S. and international copyright laws. All software used on the Website is the property of Logistimatics or its software suppliers and protected by United States and international copyright or patent laws.
8.6. Trademarks. The name “Logistimatics” and all Logistimatics product and service names and logos, graphics, page headers, button icons, logos, scripts, and all registered and unregistered marks and service names used by Logistimatics are service marks, trade names, trademarks and/or trade dress of Logistimatics or its affiliates (collectively “Logistimatics’s Marks”). You may not use Logistimatics’s Marks for any reason or purpose whatsoever. All trademarks not owned by Logistimatics that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Logistimatics.
9. Protecting Copyrights and Other Intellectual Property. Logistimatics respects the intellectual property rights of others. Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Logistimatics’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Logistimatics that your copyrighted material has been infringed.
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of the location on the Website of the material that you claim is infringing;
· your address, telephone number, and e-mail address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Logistimatics’s Agent for Notice of copyright infringement can be reached as follows:
By Mail: Ryan S. Luft, Esq.
Ryan S. Luft, PLLC
3125 Kathleen Ave. #116
Greensboro, NC 27408
10. License to Your Content. You own all intellectual property and other rights, title and interest in and to any Content that you upload to the Website. You are solely responsible for your Content, and we do not have, and will not acquire, any right, title or interest in or to your Content except as specifically detailed in this Agreement.
12.1. Users. Logistimatics is not responsible or liable, and makes no warranties, express or implied, for the conduct of any user of the Website.
12.2. Third Party Web Sites. The Website may contain links to third party websites. Logistimatics is not responsible or liable for the content, completeness, accuracy or opinions expressed on such third party websites. Inclusion of any linked website on the Website does not imply Logistimatics’s approval or endorsement of, or agreement with, the content of the Web site. If you choose to access third party websites, you do so at your own risk.
12.3. Third Party Advertisements / Applications. Logistimatics is not responsible or liable for third party advertisements or third party applications that are posted on or through the Website, nor does it take any responsibility for the goods or services provided by its advertisers.
12.4. Availability of the Website. the Website or any portion thereof may be unavailable from time to time for maintenance or other reasons. Logistimatics assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Logistimatics is not responsible for any problem or technical malfunction of any telephone networks, services or lines, computer systems, online systems, servers or providers, computer, mobile phone or other equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to your or to any other person’s computer, mobile phone, smart phone, tablet or other equipment related to or resulting from use of the Website. Under no circumstances shall Logistimatics be responsible or liable for any loss or damage, including without limitation, personal injury, property injury or death, resulting from anyone’s use of the Website, or from the conduct of any user(s) of the Website.
13. Disclaimer of Warranties. THE WEBSITE AND ALL CONTENT THEREIN ARE PROVIDED “AS-IS” AND AS AVAILABLE AND LOGISTIMATICS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LOGISTIMATICS DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. LOGISTIMATICS DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES AND MALWARE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE WEBSITE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER EQUIPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
14. Limitation on Liability. IN NO EVENT SHALL LOGISTIMATICS, ITS EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR LOGISTIMATICS CONTENT EVEN IF LOGISTIMATICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LOGISTIMATICS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO LOGISTIMATICS FOR USE OF THE WEBSITE ONLY, IF ANY, DURING THE TIME YOUR ARE A REGISTERED USER OF THE WEBSITE. YOU ACKNOWLEDGE THAT IF YOU DO NOT PAY FEES TO LOGISTIMATICS FOR USE OF THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM LOGISTIMATICS, REGARDLESS OF THE CAUSE OF ACTION.
15. Disputes. These Terms shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to its conflict of law provisions. Any and all actions or proceedings arising out of or relating to these Terms, the Website or our Content, shall be instituted and litigated in a court of competent jurisdiction in Guilford County, North Carolina. You and Logistimatics hereby agree to submit to the exclusive personal jurisdiction of the courts located in Guilford County, North Carolina to resolve any dispute arising out of these Terms, the Website or our Content or your Content. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.
16. Indemnity. You agree to indemnify and hold harmless Logistimatics and its representatives, officers, employees, directors, agents, and assigns, at your own expense, from and against any and all loss, liability, claims, damages, suits, demands, actions and/or costs (including without limitation reasonable attorney fees and costs) made by any third party arising out of or related to a) your actions or inactions; b) the use of your the Website account by you or any other person; c) your breach or violation of these Terms; d) your breach of the representations and warranties set forth in these Terms; and/or e) information provided by you or any person through your account.
17. Other. These Terms, including all documents referenced herein, as such may be modified from time to time, constitute the entire agreement between you and Logistimatics regarding the use of the Website. The failure of Logistimatics to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THESE TERMS.
TRACKER SMS NOTIFICATIONS
1. You may choose to opt-in to tracker SMS notifications. Our system will send you an SMS for various alerts from your tracker. Examples of notifications you can opt-in to are: When your tracker enters / exits a geofence; When an alert button is pressed on your tracker; When a vehicle tracker detects an ignition event.
2. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at email@example.com.
4. Carriers are not liable for delayed or undelivered messages
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive one message per notification. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
TERMS OF SALE AND RETURN POLICY
These Terms of Sale and Return Policy (“Terms”) govern the purchase of goods and services from Logistimatics, and are hereby incorporated into Logistimatics Terms of Services, located at http://logistimatics.com.
1. Use of the Hardware and Services.
a. The hardware and accessories (“the Hardware”), software (embedded in the Hardware), and services we provide (collectively, the “Services”) are solely for your personal use.
Use of the Hardware and Services are intended for users ages 18 and older only.
b. You shall use commercially reasonable efforts to prevent unauthorized access to or use
of the Services and notify Logistimatics promptly of any such unauthorized access or use. You agree not to give or make available its usernames or passwords or other means
to access the Services to any unauthorized individuals and remains responsible for all access to the Services via its usernames and passwords, even if not authorized by you. If
you believe that a password or other means to access your account has been lost or stolen or that an unauthorized person has or may attempt to use the Services, you must
notify Logistimatics immediately.
a. Shipping or delivery dates of the Hardware are best estimates only. Logistimatics reserves the right to make deliveries of the Hardware in installments and shall not be
liable for any loss or damage arising from late delivery.
b. You assume the risk of any loss, fire, damage, and theft of the Hardware upon shipment by Logistimatics to you for your use in accordance with these Terms.
3. Intellectual Property.
a. You have the non-exclusive and non-transferable right to access and use the Software subject to these Terms for the period from your agreement to these Terms to the
termination of these Terms. b. You grant Logistimatics a worldwide license to host, copy, transmit and display your data inputted into the Software and/or created by using the Services.
c. The Software includes software components, map data, and related services licensed to Logistimatics by various entities (collectively, “Logistimatics’s Licensors”) and is provided with restricted rights. All right, title and interest in and to the Software and all copies and duplicates thereof, and all related copyrights, trademarks, trade names, trade secrets rights and other intellectual property and proprietary rights and interests, are vested and remain in Logistimatics and Logistimatics’s Licensors. You hereby grant to Logistimatics and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of the Services.
d. You shall not derive or attempt to derive the source code or structure of the Hardware or Software by reverse engineering, disassembly, decompilation or other means. You
shall not decompile, disassemble, reverse engineer, port, translate, modify, copy, transfer, or make derivative works of the Software or attempt to gain unauthorized
access to the Software or its related systems or networks.
4. Warranty and Return Policy.
a. If products are purchased from Logistimatics and you are not happy with the Product or Services, you may return the product for any reason prior to the 30th day after purchase and will be refunded for the cost of the Hardware, provided it is returned in sellable condition, including original packaging. Logistimatics’s current return policy can be found here:
b. Logistimatics warrants the Hardware and installation thereof shall conform with instruction manuals, user guides, and/or other information provided by Logistimatics, or
posted to its website for a period of thirty (30) days after purchase. In the event that any part of the equipment becomes defective, Logistimatics agrees to make all repairs
and replacement of parts without costs to you for a period of 30 days from the purchase date. Logistimatics reserves the option to either replace or repair the equipment and
reserves the right to substitute materials of equal quality at time of replacement or to use reconditioned parts in fulfillment of this warranty. This warranty does not include
batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways,
obsolete components, and components exceeding manufacturer’s useful life.
c. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper
installation. The maximum warranty value is the purchase price of the equipment.
d. The above warranties shall be null and void in the event of (1) any alteration, modification, or special configuration made (or attempted to be made) by you to the
Hardware or Software; (2) use of the Hardware or Software not in the ordinary course of business; (3) accidents, misuse, abuse, neglect, damage and tampering with the
Hardware or Software; (4) connection of the Hardware to an improper voltage supply, or reception or transmission problems caused by inadequate or improper antenna (not
provided by Logistimatics); (5) excessive water, weather or physical damage to the Hardware; or (6) use of the Hardware with accessories or devices not approved by
e. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION AND IN ITS RETURN POLICY, LOGISTIMATICS MAKES AND YOU RECEIVE NO OTHER WARRANTY WITH RESPECT TO
THE HARDWARE OR SERVICES OR ANY PART OF THEM, WHETHER EXPRESS OR IMPLIED, WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY
PARTICULAR PURPOSE, EFFECTIVENESS, COMPLETENESS AND ACCURACY ARE EXPRESSLY EXCLUDED, EXCEPT WHERE PROHIBITED BY LAW, AND WHERE PROHIBITED,
ANY SUCH WARRANTY IS LIMITED TO THE MINIMUM WARRANTY AND PERIOD PROVIDED BY LAW. NO EMPLOYEE OR AGENT OF LOGISTIMATICS HAS THE AUTHORITY
TO GRANT ANY OTHER WARRANTY TO CUSTOMER, WRITTEN OR ORAL. LOGISTIMATICS DOES NOT WARRANT THAT PROVISION OF SERVICES WILL BE UNINTERRUPTED OR
5. Limitation of Liability.
a. Communication used by the Services are provided by third party telecommunication providers and you understand and agree that signals which are transmitted over
telephone lines, wire, airwaves, Internet, VOIP, radio or cellular, or other modes of communication pass through communication networks wholly beyond the control of
Logistimatics and are not maintained by Logistimatics and Logistimatics shall not be responsible for any failure.
b. Logistimatics shall have no responsibility for failure of data transmission, corruption or unauthorized access by hacking or otherwise. Logistimatics shall have no liability for excessive data usage expense incurred by you. Electronic data may not be encrypted. You have been advised to independently ascertain that the devices are used lawfully.
Logistimatics has made no representations and has provided no advice regarding the suitability for a particular application and the use of devices and it is your sole
responsibility to use devices lawfully.
c. Logistimatics shall have no liability for a failure to provide or for delay in providing Services due directly or indirectly to causes beyond the control of Logistimatics or its subcontractors, including, without limitation, acts of God, or governmental entities, or of the public enemy, dismantling of the GPS network, termination of Services due to actions or omissions of a third party telecommunication provider, including, but not limited to, deactivation/dismantling of a third party telecommunication provider’s networks, acts of the you, strikes, unusually severe weather conditions, interruptions of transportation or inability to obtain necessary labor, materials or facilities, default of any supplier, or delays in Federal Communications Commission (“FCC”) frequency authorization or license grant. If Logistimatics is unable to wholly or partially perform the Services for more than 10 days because of any cause beyond its control, Logistimatics may terminate these Terms without any liability to you, other than refund of any amounts paid for Services which have not been provided.
d. In no event shall Logistimatics be liable (whether in contract, tort, including negligence, or otherwise) for any indirect, incidental, consequential, general or exemplary damages, pure economic loss (whether direct or indirect), increased costs, lost revenues, profits, goodwill or data, or damage to property, whether suffered by the you or any other person, arising from or related to any act or omission of Logistimatics (whether in connection with these Terms or otherwise). Notwithstanding anything in this Section, your sole remedy, and Logistimatics’s total liability to you, in respect of any defect or failure in any the Hardware shall be limited, at Logistimatics’s option, to the repair or replacement of the affected Hardware.
6. Term. The term of shall be for an initial period of one month and shall automatically renew for successive one month periods under the same terms and conditions, unless either party gives written notice to the other of their intention not to renew these Terms at least 1 day prior to the expiration of any term. Logistimatics may terminate these Terms immediately if you are in breach of any of the material terms of these Terms. Upon termination, you shall not use the Services for any purpose.
7. Indemnification. You agree to indemnify, defend and hold Logistimatics harmless from and against any liability, loss, injury, demand, action, cost, expense or claim arising out of or in connection with any use or possession by you of the data produced by the Services and/or the improper or unauthorized use of the Services.
a. If any provision of these Terms shall be unlawful, void, or unenforceable, then that provision shall be deemed limited to the extent required to make it enforceable, or, if necessary, severed from these Terms without affecting the validity and enforceability of the remaining provisions of these Terms.
b. These Terms are fully assignable and transferable by Logistimatics to any person or entity and shall inure to the benefit of such assignee or successor. You may not assign these Terms without the prior written consent of Logistimatics.
c. These Terms shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to its conflict of law provisions. Any and all actions or proceedings arising out of or relating to these Terms, the Website or our Content, shall be instituted and litigated in a court of competent jurisdiction in Guilford County, North Carolina. You and Logistimatics hereby agree to submit to the exclusive personal jurisdiction of the courts located in Guilford County, North Carolina to resolve any dispute arising out of these Terms, the Website or our Content or your Content.
d. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING
BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER,
EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE
EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.