Terms and Conditions
Terms & Conditions
LEGAL
NOTICE, DISCLAIMER, AND TERMS OF USE
Access to and use of the
Windsor Trucking Solutions, LLC, makers of Comply DQ, 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.
MARKETING
EMAILS
By accepting these Terms
& Conditions, you agree to receive email from us regarding tips and tricks
for the use of our services, system reminders and marketing emails related to
services provided by Company and its business partners. To ensure that you will not receive recurring
marketing or other information from us unless you choose to, we will provide
you with simple instructions on each marketing email from Company for you to
let us know that you have chosen to stop receiving such emails from us.
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 the Comply DQ
software application. Any sample documents provided to you through our services are examples only. We do not provide legal or regulatory advice. Please consult your lawyer.
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. Company 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, 2017, all rights reserved. "Comply DQ," "Driving
Compliance" and the other trademarks displayed on the Site are the
trademarks or registered trademarks of Windsor Trucking.
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.
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 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.