1. Use of the Service
The User may not access the Service if the User is a direct competitor of IMG, except with IMG's prior written consent and acknowledgment of the User’s status as a competitor. In addition, the User may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other rate, benchmarking or competitive purposes.
The User shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet "links" to the Service or "frame" or "mirror" any portion of the Service on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. Usernames and Passwords cannot be shared or used by more than one individual User, but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
The User may use the Service only for the User’s internal business or personal purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
The account holder and account users acknowledge and agree that keeping the IMG service operational costs IMG money for servers, staff, third party services that support the service, and other operational costs. Therefore, IMG has the right to request that users of the free Basic subscription service pay for use of the service if it is deemed that the user is using the free Basic subscription service in a prohibited or unfair way. Such prohibited or unfair uses may be, but not limited to; a dispatch service, on a free Basic subscription plan, representing one or multiple carriers, or a carrier or broker with multiple free Basic accounts created in the IMG service where each account shares commonalities such the same address, same phone number(s), same ownership, or same user base. If IMG deems users to be using the free Basic service in what is determined to be an unintended, prohibited, or unfair manner, the user can be asked to immediately upgrade to a paid Premium subscription if they wish to continue using the service. Alternatively, IMG reserves the right to suspend the users account(s), at any time, if IMG determines, in its sole discretion, that the user(s) are accessing and using the service in any unintended, prohibited or unfair way.
2. Intellectual Property Rights
a. Uploaded Logo
By uploading a logo or other image to the Service, the User guarantees that the User is the legal owner of the copyright for that logo or image, or has been awarded full and unrestricted rights from the copyright owner to upload, display and utilize the image for purposes of the Service. The User further attests that the logo or other image does not violate the rights of any other party and does not result in a breach of contract between the user and another party. The User agrees to indemnify and hold IMG and its subsidiaries, affiliates, officers, employees and representatives harmless from any claim, loss, demand, suit, action, proceeding, or litigation (including attorneys fees and costs) made by any third party due to or arising out of the User’s uploading to the Service of any logo or other image or from any violation of any other party’s rights caused by the use of or the content with the logo or image so uploaded.
The User hereby grants IMG a worldwide, nonexclusive, royalty-free license to use, reproduce, distribute, prepare derivative works of, and display the logo or other uploaded image in connection with the Service and IMG’s business, including without limitation for promoting the Service in any media format and through any media channels.
4. Representations & Warranties
IMG does not represent or warrant that the Service may be lawfully viewed or accessed outside of the United States of America. If the User accesses the Service from outside the United State of America, the User does so at the User’s own risk and the User is responsible for compliance with the laws of such jurisdiction.
All maps and directions presented in the Service are for informational purposes only. No representation is made or warranty is given as to their content, road conditions or route usability or expeditiousness. User assumes all risk of use. IMG, its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents assume no liability or responsibility for any delay or loss resulting from the use of such map or directions.
6. Disclaimer of Warranties
IMG MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. IMG DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR MAINTAIN A CERTAIN PERCENTAGE OF AVAILABILITY OR “UPTIME,” (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS OR (G) ANY UPCOMING FEATURE LISTED IN THE SERVICE WILL BE IMPLEMENTED EITHER ON-TIME OR IN ANY FASHION. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7. Internet Delays
THE SERVICES MAY BE SUBJECT TO AVAILABILITY LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. IMG IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
8. Limitation of Liability
USE OF THE SERVICE IS AT THE USER’S SOLE RISK. IN NO EVENT SHALL IMG ITS PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEY’S AND/OR AGENTS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF IMG OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
10. Termination of Use
IMG may discontinue, suspend or modify the Service at any time with or without reason and without notice, and IMG may block, terminate or suspend any User access to the Service at any time for any reason in its sole discretion, even if it allows access to others.
User(s) may discontinue use of, and terminate, the Premium account service at any time via emailed cancellation to admin@InMotionGlobal.com. Cancellation emails MUST come from a current user with Administrative user account permissions. To verify this, the cancellation email must contain; Your organization name, your Administrative users full name, your Administrative user login ID, and your current account password. Upon us receiving the emailed cancellation, you will get a response that the cancellation was received and was processed. The user account will continue to operate without interruption until the end of the current billing cycle, at which point, the account will be cancelled and all monthly billing will end. The account will not be deleted, but will revert to the Basic account status, and access to all Premium services will cease. If the cancelled account contains more than 2 user accounts / logins, only the first 2 users registered will have access to login to the newly reverted Basic account. Cancelled accounts will receive no refunds for any other services, such as accrued Tracker Credits, Texting Credits, or any other pre-paid services that will no longer be used or can no longer be accessed when using the newly reverted Basic account status.
11. Third-Party Links
The Service may contain links that allow the User to visit third party websites. Neither these websites nor the third-party companies to whom they belong are controlled by or otherwise affiliated with IMG. IMG makes no representations concerning the information provided or made available on such websites or the quality or acceptability of the products or services offered by any persons or entities referenced in any such third-party websites. IMG makes no representations regarding the correctness, performance or quality of any software found at any such website.
13. Integration Clause
14. Assignment; Change in Control
The User’s access to the Service may not be assigned by the User without the prior written approval of IMG. However, IMG may assign its rights and obligations hereunder in its sole discretion and without the User’s consent. Any actual or proposed change in control of the User that results or would result in a direct competitor of IMG directly or indirectly owning or controlling 50% or more of the User shall entitle IMG to terminate the User’s access to the Service without notice.