Terms of Use

ACCEPTANCE OF TERMS

The services that Networks In Motion provides to you are subject to the following Terms of Use ("TOU"). Networks In Motion reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of Networks In Motion's Web pages.

DESCRIPTION OF SERVICES

Through its networks, Networks In Motion provides you with access to a variety of resources, including the Map Messenger service, Map Messenger desktop software, AtlasTrack software, download areas, and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement disclosures relating to the collection and use of your information.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.

Any software that is made available to download from the Services ("Software") is the copyrighted work of Networks In Motion and/or its suppliers. Use of the Software is governed by the terms of the End User License Agreement ("EULA"), if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, NETWORKS IN MOTION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NOTICES REGARDING DOCUMENTS, SOFTWARE, AND SERVICES AVAILABLE ON THIS WEB SITE

IN NO EVENT SHALL NETWORKS IN MOTION AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

DESCRIPTION OF MAP MESSENGER SERVICE.

The Map Messenger service, defined as using either Map Messenger, AtlasTrack, and/or the AtlasTrack service plan, allows you to use planning, monitoring (i.e., tracking), and analysis tools to manage your mobile team. For Networks In Motion to provide these services, Networks In Motion requires the storage of your GPS location information on our servers. In using Networks In Motion's Map Messenger service, which consists of Map Messenger and AtlasTrack, you allow your GPS hardware to be located, and these locations to be recorded, compiled, stored and displayed. This information will only be used to provide the Map Messenger service and will not be shared with any third parties.

USE OF MAP MESSENGER SERVICE.

The Map Messenger service is operative in the United States only. While the Map Messenger service uses the best commercially available information, the map database used for the Map Messenger service may not always be accurate. This is because construction, new roads, road closures, or the like, and other conditions are constantly changing and may cause inaccuracies in the map database. Because of this, the Map Messenger service might not be able to generate a correct position, create a correct route, or display correct information. Networks In Motion is not responsible for your use of the Map Messenger service (i.e., including using AtlasTrack) while driving, or any consequences thereof. You agree that it is your responsibility as the vehicle operator to securely place the GPS device so that it will not interfere with driving and will not prevent operations of any safety device (such as the airbag) in your vehicle. Do not mount the GPS devices in a place where the driver or passengers may get hurt during vehicle operation or in case of collision. Networks In Motion is not responsible for any damage to persons or property arising out of your failure to properly use the GPS device.

PAYMENT

You must have a valid major credit card (VISA®, MasterCard®, or American Express®) to sign up for the Map Messenger service. You agree to pay all charges to your account (including applicable state taxes for California residents), in accordance with billing terms in effect at the time the charge becomes payable. Networks In Motion reserves the right to change the charges for the Map Messenger service upon prior notice to you. If payment cannot be charged to your credit card or your charge is returned to Networks In Motion for any reason, Networks In Motion reserves the right to pursue any and all legal remedies to collect the amount owed by you, to suspend or terminate your access to the Map Messenger service and your account, and to terminate all obligations of Networks In Motion under these Terms of Use ("TOU").

DISCLAIMER OF WARRANTY

NETWORKS IN MOTION AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

DISCLAIMER OF LIABILITY

NETWORKS IN MOTION AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF NETWORKS IN MOTION OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

DISCLAIMER OF ENDORSEMENT

Reference to any products, services, processes, hypertext links to third parties or other Data by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Networks In Motion or its licensors. Product and service information are the sole responsibility of each individual vendor.

EXPORT CONTROL

You agree not to export from anywhere any part of Networks In Motion's products provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.

INDEMNITY

You agree to indemnify, defend and hold Networks In Motion and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by you of the map data and/or Networks In Motion's products.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between Networks In Motion (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Networks In Motion's server, or the network(s) connected to any Networks In Motion server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Networks In Motion server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

LINKS TO THIRD PARTY SITES

THE LINKS IN THIS AREA WILL LET YOU LEAVE NETWORKS IN MOTION'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NETWORKS IN MOTION AND NETWORKS IN MOTION IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NETWORKS IN MOTION IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NETWORKS IN MOTION IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NETWORKS IN MOTION OF THE SITE.