AGREEMENT BETWEEN USER AND COMPANY
Through its Web Site Spireon, Inc. (“Company”) provides you with access to various services and information, including GPS tracking of vehicles, product information, company information, and other information contained within the web pages of the Company Web Site (collectively “Web Content”).
Company reserves the right to change the terms, conditions, and notices under which the Web Content is offered, including but not limited to the charges associated with the use of the Web Content.
All Web Content, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of ProconGPS, Inc. © 2004-2011, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the copyrighted materials for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any copyrighted material for commercial use without prior written approval of Company. You may not “mirror” any copyrighted material on any other server without prior written permission from Company.
LINKS TO THIRD PARTY SITES
The Company Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is not responsible for any form of transmission received from any Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Content you agree to not use the Web Content for any purpose that is unlawful, improper, or prohibited by these terms, conditions, and notices. You may not use the Web Content in any manner which could damage, disable, overburden, or impair the Web Content or interfere with any other party’s use and enjoyment of the Web Content. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Content. You may not attempt or gain access to any Company servers or networks through hacking or any other means. 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 Content without Company’s prior, express, and written permission. You agree not to use the Web Content for any commercial use without prior consent from Company.
WEB CONTENT RESTRICTED BY USER ID AND PASSWORD
If access to any Web Content requires a user id and password (“Restricted Web Content”), you must agree to the Subscription Service Agreement or Master Marketing Agreement associated with that Restricted Web Content before accessing it. By accessing the Restricted Web Content you agree to be bound by the terms of the Subscription Service Agreement and/or Master Marketing Agreement associated with that Restricted Web Content. You are responsible for maintaining the confidentiality of your user id and password, and you are responsible for any activities that occur under your user id. You may not use anyone else’s user id and password.
THE WEB CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB CONTENT AT ANY TIME. ALL WEB CONTENT IS PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEB CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Company reserves the right, in its sole discretion, to terminate your access to the Web Content or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Knox County, Tennessee, U.S.A. in all disputes arising out of or relating to the use of the Web Content.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or access to or use of the Web Content.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.