Terms and Conditions of Use for ProMilesOnline V4
Before you can use this application, you must read and accept the terms of use presented below in their entirety.
SOFTWARE USAGE AGREEMENT
The following represents and agreement between you and 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.
SINGLE SEAT, NON-TRANSFERABLE LICENSE
YOU are granted a single account, single seat 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.
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.
INTELLECTUAL PROPERTY
YOU agree that 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.
DATA ACCURACY
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.
INDEMNITY
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.
DISCLAIMER OF WARRANTIES
YOU expressly understand and agree that:
a. 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 of merchantability, fitness for a particular purpose, and non-infringement.
b.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.
c.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.
d. No advice or information, whether oral or written, obtained by YOU from PSDC shall create any warranty not expressly stated in this agreement.
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