TERMS & CONDITIONS
This Agreement for tracking services ("Agreement") is made between Manning NavComp,
Inc. ("Manning NavComp") and the user of the Tracking Service (Customer). The Tracking
Services ("Services") provide vehicle location and tracking from the Internet via
the Manning NavComp server and associated software (Manning NavComp"). The Services
include a secure logon for accessing and tracking vehicles equipped with a tracking
device ("Device") designed to send GPS positions and event notifications (Locates)
to Manning NavComp.
Unlawful Use - Customer agrees not to use the Services or Devices for any unlawful
or abusive purpose or in any way that interferes with Manning NavComp or the Devices.
Customer will comply with all laws while using the Services or Devices and will not
transmit any communication that would violate any federal, state, or local law, court,
or regulation. Resale of the Services or Devices is prohibited except by authorized
Dealers. By using the Services and/or the Devices, Customer agrees to abide by the
terms and conditions of any software license agreements applicable to any software
associated with the Services or Devices.
Unauthorized Usage - Customer may not program or alter any of the Devices other than
the normal programmable parameters of the Device. If any Device is stolen or Services
used fraudulently, Customer must notify Manning NavComp immediately and provide Manning
NavComp with such information and documentation as Manning NavComp may request (including,
without limitation, police reports, and affidavits). Manning NavComp has the right
to interrupt Services or restrict service to any Device, without notice to the Customer,
if Customer is using the device in a fraudulent or unlawful manner.
Installation - Selling Dealer is responsible for the proper installation and operation
of the Device per installation
instructions provided by Manning NavComp.
Account Information - It is Customers responsibility to maintain current and accurate
account information on the Manning NavComp system and to exercise diligence in protecting
Customers logon and passwords.
Changes - Manning NavComp may amend the terms of this Agreement upon written notice
to Customer. If Customer does not agree to the amendment, Customer may terminate
this Agreement by providing written notice to Manning NavComp within fifteen (15)
days of the date the notice was mailed by Manning NavComp via certified US mail.
If Customer does not agree with the amendment but wants to continue Services, Manning
NavComp will continue to provide Services for the term of the original Agreement
provided Customer mails written notice to Manning NavComp within fifteen (15) days
of the date the amendment was mailed by Manning NavComp. If Customer continues to
use the Services more than fifteen (15) days after Manning NavComp mails notice of
an amendment, Customer will be deemed to have agreed to that amendment.
Limitation of Liability - Manning NavComp is not responsible for acts or omissions
of any other service provider, for information provided through the equipment, for
equipment failure or modification, for system failure or modification or for causes
beyond the control of Manning NavComp. Manning NavComp is not liable for (i) service
outages; (ii) incidental or consequential damages such as lost profits; (iii) economic
loss or injuries to persons or property arising from the Customer’s use of the Services,
the Devices or any other equipment used in connection with the Devices unless caused
by the sole and/or gross negligence of Manning NavComp; (iv) the installation or
repair of the Devices; or (v) for any act associated with the proper exercise by
Manning NavComp of rights under the privacy and/or unauthorized usage provisions
of this Agreement.
Limitation of Liability - Manning NavComp is not responsible for acts or omissions
of any other service provider, for information provided through the equipment, for
equipment failure or modification, for system failure or modification or for causes
beyond the control of Manning NavComp. Manning NavComp is not liable for (i) service
outages; (ii) incidental or consequential damages such as lost profits; (iii) economic
loss or injuries to persons or property arising from the Customer’s use of the Services,
the Devices or any other equipment used in connection with the Devices unless caused
by the sole and/or gross negligence of Manning NavComp; (iv) the installation or
repair of the Devices; or (v) for any act associated with the proper exercise by
Manning NavComp of rights under the privacy and/or unauthorized usage provisions
of this Agreement.
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