Terms of Use
Effective January 1, 2018
Introduction
LogisticsOne is a web-based tool to track and manage logistics resources and data. These Terms of Use and Privacy Policy (collectively, “Terms”) govern your use of LogisticsOne including all use, and submissions. LogisticsOne is provided by Peerless Public Safety Solutions (“we” or “us”). In this Agreement, the term (“you” or "your") means the person who (or the entity on whose behalf you are acting) is agreeing to these Terms. By using, subscribing, or registering for LogisticsOne, you signify electronically your agreement to be bound by these Terms.
Updates
These Terms are effective as of the date above. We may update these terms by posting such updated terms to LogisticsOne or by providing email notice to you. Terms posted to LogisticsOne shall become effective upon posting. In the event of an update, by continuing to use LogisticsOne you agree to be bound by any such updated Terms. If you do not agree, you must immediately cease your use of LogisticsOne.
License
We grant you or your organization a personal, non-exclusive, non-transferable, limited and revocable license to use LogisticsOne for your own use and provided that you comply and remain in compliance with this Agreement. You may not circumvent any mechanisms for preventing the unauthorized access, reproduction, or distribution of LogisticsOne. Your license terminates immediately upon termination, revocation, or resignation of owner. We may also terminate your account/s if we believe you are in violation of these Terms. You may not (a) sell or redistribute LogisticsOne or provide your user credentials to another person or entity, (b) incorporate any aspect of LogisticsOne into another product, or (c) reverse engineer, de-compile or disassemble LogisticsOne or otherwise attempt to derive the source code from LogisticsOne (except where expressly permitted by law). You may not modify, adapt or create derivative works from LogisticsOne in any way or remove proprietary notices posted on LogisticsOne. You may access LogisticsOne only through the software, interfaces, and protocols provided or authorized by us. You may not authorize or assist any third party to do any of the things prohibited in this paragraph. Any rights not specifically licensed to you for any LogisticsOne software are reserved by Peerless Public Safety Solutions. Your license will end on the date your LogisticsOne service ends. Your license will also end if we modify LogisticsOne in a way that no longer supports the service.
No Warranty
We provide LogisticsOne “as is”, “with all faults” and “as available.” YOUR USE OF LogisticsOne IS AT YOUR OWN RISK. We make no express warranties or guarantees about LogisticsOne or any of its information. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEB SITES, SERVICES, CONTENT AND MATERIALS ON LogisticsOne ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE, NON-INFRINGING or that the website, data, analytics, visualizations or the server(s) on which they are hosted are free of viruses, bugs or other harmful components. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF ANY OF THE FOREGOING, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE LogisticsOne AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. Every effort is made to assure that all information published is correct. However, we disclaim any liability for errors or omissions in the services and as a subscriber you assume the risk of possible errors or omissions. No advice is intended or offered by LogisticsOne in making any of the information available, and we disclaim any and all liability related to any decision taken by a party in reliance upon any information provided.
Limited Liability
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF LogisticsOne. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, COMPUTER INFECTION, OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF LogisticsOne EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR PURCHASE AT ISSUE.
Indemnification
Upon a request by us, you agree to indemnify, defend and hold harmless Peerless Public Safety Solutions and all or any subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sub-licensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms; (2) any allegation that any information, data, or other material you have submitted or to us infringes, misappropriates or otherwise violates the privacy, HIPAA, copyright, trademark, trade secret or other intellectual property rights of any party; and/or (3) your activities or omissions in connection with the information provided via LogisticsOne. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
We cannot and do not warrant that the information available through LogisticsOne is accurate, complete, or updated but rather is provided to the user ‘as is’.
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