Liability Disclaimer and User Agreement for GEOWIZ ELD App
This Mobile Application ("App") is offered to you, the user ("User"), conditioned on acceptance of the terms, conditions, and notices contained herein, without modification. User access and use of this App constitutes acceptance of these terms and conditions.
User agrees not to use this service to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, taking action which results in blocking access to this App or the GEOWIZ ELD Website by other users will be deemed an unauthorized use.
Anyone using this system expressly consents to administrative monitoring at all times.
Distracted Driving Awareness
Distracted Driving is very dangerous. Any interaction with the GEOWIZ ELD App while operating a motor vehicle is strictly forbidden. Any interactions with the GEOWIZ ELD App should only be performed while your motor vehicle is not in motion and in a location permitted by law. Passengers other than the driver may interact with the Service while the motor vehicle is in motion, provided any such interaction does not distract the driver’s attention from the road or traffic and does not interfere with the driver’s operation of the motor vehicle.
Disclaimer of Liability And Reliability
In preparation of this App, every effort has been made to offer the most current, correct, and clearly functionality possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, GeoSpace Labs, Trux Solutions, Akal ELD, and any other affiliated entity disclaims any responsibility for errors and accuracy of the information that may be contained on pages or data in this (GEOWIZ ELD).
The App functionality is provided "as is" without warranties of any kind. GEOWIZ ELD makes no representations or warranties regarding the condition or functionality of this App, its suitability for use, or that this App will be uninterrupted or error-free.
If misleading, inaccurate or otherwise inappropriate information is brought to our attention, a reasonable effort will be made to fix or remove it.
Links To Third Parties' Web Sites
There are links and pointers to third party Internet websites in the GEOWIZ ELD App. These sites linked from the App are not under GEOWIZ ELD control. GEOWIZ ELD does not assume any liability for any information, communications or materials available at such linked sites, or at any link contained in a linked site. GEOWIZ ELD does not intend these third party links to be referrals or endorsements of the linked entities, and are provided for convenience only. Each individual site has its own set of policies about what information is appropriate for public access. User assumes sole responsibility for use of third party links and pointers.
Disclaimer of Damages
By using GEOWIZ ELD, the User assumes all risks associated with the use of this App, including any risk to User's device, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a GEOWIZ ELD service or User's access to it. GEOWIZ ELD shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on the GEOWIZ ELD App or with the delay or inability to use this App, or from any information, documents, services, software, or other material obtained through this App, or otherwise arising out of the use of this App, whether based on contract, tort, strict liability or otherwise, even if GEOWIZ ELD and/or any of its employees/affiliates has been advised of the possibility of damages. GEOWIZ ELD shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon information furnished.
Disclaimer of Association with User
User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and GEOWIZ ELD as a result of this Agreement or use of this App. User agrees not to hold himself or herself out as a representative, agent, or employee of GEOWIZ ELD and GEOWIZ ELD shall not be liable for any representation, act or omission of the User.
Disclaimer of Endorsement
Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by GEOWIZ ELD. The views and opinions of authors expressed herein do not necessarily state or reflect those of GEOWIZ ELD, and shall not be used for advertising or product endorsement purposes.
Use Of Bulletin Board, Or Any Other Communication Or Interactive Forums
To the extent that this App contains or may in the future contain bulletin boards, discussion webs, chat rooms, or other message, interactive or communication facilities involving GEOWIZ ELD and other users ("Forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a Forum, the User shall not violate the law by:
The Author of this SOFTWARE PRODUCT expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR DAMAGES
In no event shall the author of this SOFTWARE PRODUCT be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, legal problems, or any other possible pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software is aware of the possibility of such damages and known defects.
As a condition of use of the GEOWIZ ELD App, the User agrees to indemnify GeoSpace Labs, Trux Solutions, Akal ELD, and any other affiliated entity, its collective commissioners, officers, employees and agents against any and all liability, expenses (including attorney's fees) and damages arising out of claims resulting from User's use of this App (GEOWIZ ELD) and it's services, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
The Author of this software products makes no guarantees concerning production functionality or features, their continued persistence, or continued viability.
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 limitation 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.
Closing of Agreement
This Agreement constitutes the entire agreement between the User and GEOWIZ ELD with respect to this App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and GEOWIZ ELD with respect to this App. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this App; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
By using this software I understand that it requires an enabled GPS radio on the mobile device the app is running on that can locate my current positition in order to fulfill the FMCSA ELD regulation. Putting this app on a device without a GPS radio or disabling Locaiton Services is a violation of this agreement and voids all warranties
Any rights not expressly granted herein are reserved.