EULA

End User License Agreement

 

End User License Agreement.

PiloTrac(TM), PiloTrac.com, pilotcars.wideloadshipping.com

Copyright (C) 2013 PiloTrac.com & WideloadShipping.com

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS WEBSITE.

1. LICENSE

By receiving, opening the file package, and/or using PiloTrac(TM), PiloTrac.com(“website”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by PiloTrac.com or WideloadShipping.com your use of PiloTrac(TM), PiloTrac.com, pilotcars.wideloadshipping.com indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, PiloTrac.com or WideloadShipping.com, pilotcars.wideloadshipping.com grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use PiloTrac(TM), PiloTrac.com, pilotcars.wideloadshipping.com in accordance with this Agreement and any other written agreement with PiloTrac.com or WideloadShipping.com. PiloTrac.com or WideloadShipping.com does not transfer the title of PiloTrac(TM), PiloTrac.com or pilotcars.wideloadshipping.com to you; the license granted to you is not a sale. This agreement is a binding legal agreement between PiloTrac.com or WideloadShipping.com and the purchasers or users of PiloTrac(TM) PiloTrac.com, pilotcars.wideloadshipping.com.

If you do not agree to be bound by this agreement, do not use PiloTrac.com or pilotcars.wideloadshipping.com and remove any instance of PiloTrac(TM), PiloTrac.com or pilotcars.wideloadshipping.com from your computer now and, if applicable, promptly discontinue any further use of or visits to the domains:  PiloTrac.com or pilotcars.wideloadshipping.com.

2. DISTRIBUTION

PiloTrac PiloTrac.com and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make use the website for your single person and/or user purposes only. For information about redistribution of PiloTrac(TM), PiloTrac.com or pilotcars.wideloadshipping.com contact PiloTrac.com staff by using our contact page.

3. USER AGREEMENT

3.1 Use

Your license to use PiloTrac PiloTrac.com, pilotcars.wideloadshipping.com is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate your account with PiloTrac(TM), PiloTrac.com.

3.2 Use Restrictions

You shall use PiloTrac(TM), PiloTrac.com in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of PiloTrac(TM), PiloTrac.com together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each account created at PiloTrac(TM), PiloTrac.com may be used by one single person being the user that registered and created that single account. Use of PiloTrac(TM), PiloTrac.com means that you have loaded, installed, or run PiloTrac(TM), PiloTrac.com on a computer or similar device. If you install or visit the domain PiloTrac.com or pilotcars.wideloadshipping.com with access to your account onto a multi-user platform, server or network, each and every individual user of PiloTrac(TM), PiloTrac.com, pilotcars.wideloadshipping.com must be licensed separately.

You may not make any copies of PiloTrac(TM), PiloTrac.com, pilotcars.wideloadshipping.com for backup purposes. Other users may not use your account at PiloTrac(TM), PiloTrac.com or pilotcars.wideloadshipping.com. The assignment, sublicense, networking, sale, or distribution of any of your account login details at PiloTrac(TM), PiloTrac.com or pilotcars.wideloadshipping.com are strictly forbidden without the prior written consent of WideloadShipping.com or PiloTrac.com – pilotcars.wideloadshipping.com. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of PiloTrac(TM), PiloTrac.com or pilotcars.wideloadshipping.com. If any person other than yourself uses PiloTrac(TM), PiloTrac.com registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Site and the Software on it contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile PiloTrac(TM), PiloTrac.com or pilotcars.wideloadshipping.com. Nor can you create any derivative works or other works that are based upon or derived from PiloTrac(TM), PiloTrac.com or pilotcars.wideloadshippping.com in whole or in part.

PiloTrac.com – pilotcars.wideloadshipping.com’s name, logo and graphics file that represents PiloTrac(TM), PiloTrac.com shall not be used in any way to promote products developed with PiloTrac.com or WideloadShipping.com retains sole and exclusive ownership of all right, title and interest in and to PiloTrac(TM), PiloTrac.com or pilotcars.wideloadshipping.com and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of PiloTrac(TM), PiloTrac.com and pilotcars.wideloadshipping.com, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for PiloTrac.com & WideloadShipping.com or either domains specific owner(s).

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend PiloTrac.com – pilotcars.wideloadshipping.com & WideloadShipping.com, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of PiloTrac.com – pilotcars.wideloadshipping.com’s online and downloadable Software.

In no event (including, without limitation, in the event of negligence) will PiloTrac.com or WideloadShipping.com, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, PiloTrac(TM), PiloTrac.com, WideloadShiping.com or the use or inability to use PiloTrac.com or pilotcars.wideloadshipping.com or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

PiloTrac.com or Wideloadshipping.com’s entire liability, without exception, is limited to the customers’ reimbursement of the number of days left remaining on the account until expiration from the date of incident notification deducted from the yearly fee purchase price (if any) with the maximum amount pro-rated to that day based on the account type “basic” or “premium” (which are the only paid accounts we offer) as listed by PiloTrac.com or pilotcars.wideloadshipping.com in exchange for account closure and termination of usage time remaining.

3.5 Warranties

Except as expressly stated in writing, PiloTrac.com and/or WideloadShipping.com makes no representation or warranties in respect of this Site or Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of PiloTrac.com or pilotcars.wideloadshipping.com and destroy and delete any and all instance of PiloTrac.com or pilotcars.wideloadshipping.com supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS WEBSITE AS WELL AS ANY RELATED SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY PiloTrac(TM), PiloTrac.com, pilotcars.wideloadshipping.com or WideloadShipping.com AS WELL.

5. CONSENT OF USE OF DATA

You agree that PiloTrac.com, pilotcars.wideloadshipping.com may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to PiloTrac(TM), PiloTrac.com or pilotcars.wideloadshipping.com. PiloTrac.com or WideloadShipping.com may also use this information to provide notices to you which may be of use or interest to you and agreed to by you in our privacy policy agreement.

This document was last updated on October 17, 2013

About PiloTrac.com

PiloTrac is brought to you by WideloadShipping.com - the largest marketplace for oversize and heavy haul shipping quotes in the world. Since 2003 we have been sending the trucking companies that use our system to the pilot car companies that list their services on our site. After many years we realized a live system would be not only more fair, but efficient as well. With our live posting feature pilot car companies have a better chance at getting a back haul thus maximizing your bottom line. Live posting works and persistence pays!

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