Terms & Conditions
Access to and use of the Windsor Trucking Solutions, LLC, makers of IFTA Plus and Compliance Plus, World Wide Web site (the “Site”) and mobile app (“App”) is provided subject to these terms and conditions (the “Terms”). PLEASE READ THESE TERMS CAREFULLY. By using this Site or the App, ordering or using Materials or Information, or clicking on a button indicating your consent, you agree to these Terms including but not limited to conducting any transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Kansas law and jurisdiction. If you do not agree to these Terms, you do not have permission to use the Site or the App. Windsor Trucking reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site and the App. Payment terms and refund information (if applicable) for Information and other products are provided in the ordering process and/or on the help page in connection with ordering that product. You may also be subject to additional terms and conditions when you use Information or other products accessed through or promoted on the Site or by the App.
USE OF THE SITE
The information, artwork, text, video, audio, or pictures (collectively, “Materials”) contained on the Site and App are protected by copyright, trademark and other intellectual property laws. Windsor Trucking Solutions, LLC (the “Company”) hereby grants you the limited right to view and use the Site and App only for personal, commercial or educational purposes as permitted by these Terms. You may not “frame” or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or App or modify or use the Materials for any other purpose without express written consent of the Company. Except as provided in these Terms, you may not reproduce, republish, post, transmit, or distribute any Materials on the Site or App. You may print Materials on the Site for your personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies that you print, make, or copy. Any computer software downloadable or otherwise available from the Site or App is licensed subject to the terms of the applicable software license agreement. Any services purchased or otherwise made available from Site and App are licensed under the terms of the applicable terms of service agreement. The Materials included on the Site and App have been compiled by the Company from a variety of sources, and are subject to change without notice. All media files on the Site and App are protected by copyright, trademark, or other applicable intellectual property laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files made available for playback on the Site or App without the Company’s express written consent. You may link to the homepage of the Site, but you may not “deeplink” or otherwise link directly to any file located on a Company owned or leased server and you shall not attempt to “pass-off” any of the Company’s content or Material as your own work. If you submit information or materials in any form to the Company, you automatically grant the Company a royalty-free, world-wide, non-exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such information or materials. You obtain no rights in any form, media, or technology incorporating such information or materials. You agree not to upload to, distribute through or otherwise publish through the Site or App any materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
SITES LINKED FROM THE SITE
The sites linked from the Site are not under the Company’s control, and the Company does not assume any responsibility or liability for any communications or materials available at such linked sites. The Company does not intend links on the Site to be referrals or endorsements of the linked entities; they are provided for convenience only.
DISCLAIMER OF WARRANTY
The services, information or data (collectively, “Information”) made available at the Site and on the App are provided “AS IS,” without warranties of any kind. Company expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, workmanlike effort, or lack of negligence. Company shall have absolutely no liability in connection with the Information or services including without limitation, any liability for damage to your computer hardware, data, information, materials and business resulting from the Information or the lack of information available on the Site or App. Company shall have no liability for: Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information; Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or Any decision made or action taken or not taken in reliance upon the Information furnished hereunder; and your use of the App. Company makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. Company makes no warranty, representation, or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected. Company makes no warranty concerning availability of the Site, lack of viruses, worms, Trojan horses, or other malicious code, accuracy, completeness, reliability, timeliness, currency or usefulness of any Information or Materials on the Site. In addition, the Company disclaims any warranties of non-infringement, title, or quiet enjoyment in connection with the Site, App, Information or Materials and related information. For purposes of this section, “Company” shall include Windsor Trucking and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data, including but not limited to IFTA Plus and Compliance Plus software applications.
LIMITATION OF LIABILITY AND INDEMNIFICATION
Under no circumstances shall Company be liable for any incidental, consequential, special, punitive or exemplary losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Site or App, Information or Materials, or from the use of the Internet generally. You agree that in the event of any claim or suit against the Company, your remedy from the Company shall be limited to the amount that you paid the Company for software or services for the current subscription period. You understand that using the App actively while driving is dangerous and may result in injury or death. IFTA will have no liability for any injury or other damages that you incur while using the App, including, without limitation, any auto accident. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, FOR (I) ANY AMOUNT IN EXCESS OF THE FEES ACTUALLY PAID TO US FOR THE SERVICE FOR THE CURRENT SUBSCRIPTION PERIOD, OR (II) ANY LOST PROFITS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN GIVEN ADVANCE NOTICE OF SUCH POSSIBLE DAMAGES, OR (III) ANY LOSS OF YOUR CONTENT OR DATA You agree to indemnify and hold the Company harmless from any claim or demand, including reasonable attorney’s fees, arising out of your use of the Site or App, your violation of these Terms or your violation of any third party’s rights including such party’s copyrights and trademarks. For purposes of this section, “Company” shall include Windsor Trucking and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
COPYRIGHT AND TRADEMARK NOTICES
All materials, media, and Information on the Site and App are Copyright © Windsor Trucking and/or its licensors, 2009, all rights reserved. “IFTA Plus” and the other Materials and Information are the trademarks or registered trademarks of Windsor Trucking developed by the Company.
JURISDICTION AND VENUE
This Site and App are controlled and operated by Company from its offices within the State of Kansas, United States of America. Company makes no representation that the Site, App, Information, Materials or related information offered by Company are appropriate or available in other locations. Those who choose to access the Site or App from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site, App, or any Information or Material shall be litigated or otherwise heard in the Kansas State Court located in Johnson County, Kansas or the United States District Court for the District of Kansas. The parties hereto hereby consent to the exclusive jurisdiction of the Kansas State Court located in Johnson County, Kansas or the United States District Court for the District of Kansas as applicable, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Kansas law.
These Terms, as amended from time to time by Company, as well as any additional terms and conditions which apply to Information or other products accessed through or promoted on the Site or App (such as an end user license agreement), constitute the entire agreement between you and Company. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Company’s failure to act with respect to a breach by you or others does not waive Company’s right to act with respect to subsequent or similar breaches.