1 Introduction
These websites, www.howsmydriving.com; www.1800howsmydriving.com; www.howsmydrivingfleetsystems.com; and any successor sites thereto (the "Website"), is operated by How's My Driving Fleet Systems Inc., its subsidiaries, and affiliates, including Prime Media Host, and Prime Call Center LLC (collectively, "How's My Driving Fleet Systems", "we", or "our").
Your use of the Website means you have read our Terms and Conditions and agree to them. If you don't agree to the Terms and Conditions, your sole option is to immediately discontinue use of the Website.
We reserve the right, at our complete discretion, to change, modify, add, or remove portions of these Terms and Conditions from time to time. Your continued use of the Website after any such changes have been made constitutes your agreement to them.
These Terms and Conditions incorporate by reference our Privacy Policy. Please read the Privacy Policy terms carefully, as you agree to them when you agree to the Terms and Conditions.
2 Limited License to the Website
All intellectual property rights in and to the content, tools, text, images, logos, marks, data, graphs, charts, audio, video, design, codes, layout, "look and feel", and other content that is included on the Website ("Content") is owned by How's My Driving Fleet Systems Inc or its licensors. You may download one copy of the Content for your personal or non-commercial use only, provided you do not delete, obscure, or change any copyright, trademark, or other proprietary notices.
3 License Restrictions
All rights not expressly granted in Section 2 above are exclusively reserved to HOW'S MY DRIVING FLEET SYSTEMS INC. When using the Website, you will not:
- Use any How's My Driving Fleet Systems Inc name, logo, trademark, or service mark without our prior written consent;
- Use any Content from the Website except as expressly permitted in the above license;
- Employ any data-mining or data-extraction tools;
- Copy or adapt the HTML, Java, or any other code used to generate the Website;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising any part of the Website;
- Interfere with or attempt to interfere with the proper working of the Website;
- Circumvent, disable, or otherwise interfere with security-related features of the Website;
- Violate any applicable laws, rules, or regulations in any jurisdiction;
- Access data not intended for you or log into a server or account that you are not authorized to access;
- Distribute viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept, or misappropriate any system, data or information;
- Employ misleading email addresses or forged headers or otherwise manipulate identifiers to disguise the origin of content transmitted through the Website.
4 Third-Party Websites
You may be able to follow links to third-party websites that take you outside of the Website ("Linked Sites"). How's My Driving Fleet Systems Inc. has no responsibility for the information, content, products, services, advertising, code, or other material that may be provided on or through the Linked Sites, so please use common sense as you navigate the Web and be aware when you leave the Website.
5 Accuracy of Information
We attempt to ensure that information on the Website is complete, accurate, and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Website. We assume no obligation to update any information contained in press releases.
6 Reports
Reports are sent to the appointed, designated authorized personnel, a representative of your organization, or a subscriber connected with the vehicle. We do not copy reports to government, law enforcement, insurance companies — unless the insurance coverage provider requests information and/or pays for the service — except if we need to do so to comply with law, a court order, or a search warrant. We do not control how the recipient of the information uses it.
6a. Submitting Reports
By providing driver reports or vehicle observations to How's My Driving Fleet Systems Inc., either through our Call Center, this website or by any other means, you assign all rights and observations in these reports to How's My Driving Fleet Systems Inc. in consideration for using our resources for preparing, transmitting, submitting, or transcribing said report. Those rights include, but are not limited to, copyright, distribution, broadcast, publication and translation.
You also agree to refrain from knowingly making false reports, and from knowingly including false information in any report. How's My Driving Fleet Systems Inc. reserves the right to at its sole discretion reject or ignore any report with or without attempting delivery.
You agree to hold How's My Driving Fleet Systems Inc. harmless from any and all claims, actions or consequences that may arise from the actions of parties under and not under its direct control, as a consequence of a submitted report, or any information therein.
6b. Receiving Reports
How's My Driving Fleet Systems Inc. does not verify the accuracy of driver-vehicle observation reports provided to it. By subscribing to this service, or by in any way reading, using, passing along or accessing information in any reports provided by How's My Driving Fleet Systems Inc., you agree to hold How's My Driving Fleet Systems Inc. harmless from all claims, actions, or consequences, pertaining to the contents or accuracy of any report.
* All reports noted herein are inclusive of VOR reports, audio files, data downloaded directly or indirectly or any other forms of communication provided through or by How's My Driving Fleet Systems Inc.
7 Indemnification
You will defend, indemnify, and hold harmless How's My Driving Fleet Systems Inc, its officers, directors, employees, agents, and affiliates from: (i) your use of and access of the Website; (ii) your violation of any of these Terms and Conditions; and (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to your use of the Websites. The obligations of this Section will survive these Terms and Conditions and your use of the Website.
8 Disclaimers
THE CONTENT AND INFORMATION FOUND ON THE WEBSITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. HOW'S MY DRIVING FLEET SYSTEMS INC. DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HOW'S MY DRIVING FLEET SYSTEMS INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF HOW'S MY DRIVING FLEET SYSTEMS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HOW'S MY DRIVING FLEET SYSTEMS INC AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE EXCEED $1,000 (One Thousand) USD. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BEGIN WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, YOU WAIVE THE RIGHT TO BRING SUCH ACTION.