LEGAL NOTICE, DISCLAIMER, AND TERMS OF USE
Access to and use of the Koko Software, makers of IFTA Plus and Compliance Plus, World Wide Web site (the "Site") is provided subject to these terms
and conditions (the "Terms"). PLEASE READ THESE TERMS CAREFULLY. By using this Site, 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 Missouri law and jurisdiction. If you do not
agree to these Terms, you do not have permission to use the Site. Koko Software 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.
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.
USE OF THE SITE
The information, artwork, text, video, audio, or pictures (collectively, "Materials") contained on the Site
are protected by copyright, trademark and other intellectual property laws. Koko Software (the "Company")
hereby grants you the limited right to view and use the Site 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 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.
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 is licensed subject to the
terms of the applicable software license agreement. Any services purchased or otherwise made available from
Site are licensed under the terms of the applicable terms of service agreement. The Materials included on
the Site have been compiled by the Company from a variety of sources, and are subject to change without
notice.
All media files on the Site 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 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 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 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. 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.
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, Information or Materials and related information. For purposes of this section,
"Company" shall include Koko Software 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, 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. 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, 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 Koko Software 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 is Copyright (c) Koko Software and/or its licensors, 2009,
all rights reserved. "IFTA Plus" and the other Materials and Information are the trademarks or registered
trademarks of Koko Software developed by the Company.
JURISDICTION AND VENUE
This Site is controlled and operated by Company from its offices within the State of Missouri, United States
of America. Company makes no representation that the Site, Information, Materials or related information
offered by Company are appropriate or available in other locations. Those who choose to access the Site 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 Missouri
without regard to its conflict of law provisions. Any disputes arising under or related in any way to these
Terms, the Site or any Information or Material shall be litigated or otherwise heard in the Missouri State
Court located in Kansas City, Missouri or the United States District Court for the District of Missouri at Kansas
City, Missouri. The parties hereto hereby consent to the exclusive jurisdiction of the Missouri State Court
located in Kansas City, Kansas or the United States District Court for the District of Kansas at Kansas City,
Missouri 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 Missouri law.
ENTIRE AGREEMENT
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 (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.