The Octo Telematics North America, LLC Web Site (octousa.com) is comprised of various websites and web pages operated by Octo Telematics North America, LLC and its affiliates (collectively, the “Octo North America Web Sites”).
No portion of this service may be reproduced in any form, or by any means, except as authorized below, without prior written permission from Octo Telematics North America, LLC or any of its affiliates (collectively, “Octo North America”).
1. Acceptance of Terms through Use
2. Use of Site
3. Use of Software
If you download software from this Site (“Software”), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is otherwise provided with the Software. You may not download or install the Software until you have read and agreed to the terms of the Software License Agreement.
4. U.S. Government Restricted Rights
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Octo North America’s proprietary rights in them.
A partial list of U.S. Trademarks owned by Octo North America follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of Octo North America should be referred to Octo North America’s Intellectual Property department.
6. General Disclaimer and Limitation of Liability
Although Octo North America has attempted to provide accurate information on this Site, Octo North America assumes no responsibility for the accuracy of the information or materials; nor does Octo North America warrant that the information or materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. Octo North America may change the materials or products mentioned at any time without notice. Mention of non-Octo North America products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL OCTO NORTH AMERICA OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY OCTO NORTH AMERICA PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF OCTO NORTH AMERICAOR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. User Communications
Other than personally identifiable information, use of which is governed by the Octo North America Online Privacy Statement (located at www.octousa.com), any information or communication you transmit or post to this Site, and any data, images, sounds, text, and other material embodied therein (“User Communication(s)”) will be considered non-confidential and non-proprietary. Octo North America will have no obligations with respect to such User Communications; and by posting or submitting User Communications to this Site you: (i) agree that Octo North America and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, and (ii) warrant and represent that the public posting and use of your User Communications by Octo North America will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law.
8. Password Protected
Access to and use of any password protected area of the Site, is restricted to authorized users only who have met the qualifications required by Octo North America, in its sole discretion, for use of such password protected area. Distribution of a password to any person or entity not authorized to use the password is prohibited and will result in immediate removal of the password holder’s rights to access this Site.
9. Removal of Content and Discontinuation of Service Termination of Authorization to Use Site
Octo North America reserves the right to remove content or discontinue services available on this Site with or without notice. Octo North America further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.
10. Links to Third Party Sites
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk. Octo North America does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on these sites, or about any products found at those sites, or about any search results that may be obtained from using them. Octo North America provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
Upon a request by Octo North America, you agree to defend, indemnify, and hold harmless Octo North America and its subsidiaries, affiliates, agents, co-branders or other business partners, and its and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. Octo North America reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Octo North America in asserting any available defenses.
Octo North America makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their content are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
13. Choice of Law and Forum
14. General Provisions
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All Rights Reserved.