Terms and 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.
– 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.
– 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.
– Selling Dealer is responsible for the proper installation and operation of the Device per installation instructions provided by Manning NavComp.
– 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.
– 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.