Terms of Service and End User License Agreement

Effective as of April 1st, 2013.

Please read these terms of service carefully before you launch TruxTrax application.

By using the TruxTrax Web and Mobile based application (including all updates and upgrades, services the “Application(s)”), you accept the terms and conditions that appear in this End User License Agreement. If you do not accept these terms and conditions, do not launch or otherwise use TruxTrax Application.

Introduction

With every single login, you must observe the accepted Terms of Service for usage of the Application. In case you accidentally login to a third person’s account, please immediately close the current user session and sign out.

These terms and conditions of service represent the Agreement (“Agreement”) between you and TruxTrax.com, Inc. (“TruxTrax.com”). All references herein to “you” and “your” means you, your employees, agents, contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement. The Applications are owned by TruxTrax.com, Inc., references to “TruxTrax”, “TruxTrax.com”, “we” and “us” refer to TruxTrax.com, Inc. You are permitted to use the Applications under license from us subject to compliance with these terms and conditions of use. Any other trademarks and/or copyrights found herein are the property of their respective owners.

Acceptable Use of Applications

The use of mobile devices while operating motor vehicles is subject to generally applicable laws governing transportation, occupational health and safety, and other rules and regulations, and may result in charges, citations, fines or other legal proceedings. Such use may also expose you to risk of accidents or death. The Applications should not be used while operating a vehicle. We do not assume any liability or responsibility under this License or otherwise for any damages, losses or other claims resulting from use of the Applications while driving a vehicle. By accepting this License, you acknowledge and consent to creation of GPS location information and record your trip information (fuels, expenses, etc), including your point of origin, the destination in the Applications through interaction between mobile devices where our Applications are installed, our servers, and third party applications and systems. We will use reasonable commercial efforts to ensure the accuracy of GPS and other location based displays. However, since we are dependent on third party hardware, software and service inputs we assume no liability or responsibility in the event of inaccuracies in such information. Access to this information and / or functionality based on such data is available to the user, account owner and TruxTrax.com. While we use reasonable commercial efforts to safeguard such information, we assume no liability or responsibility for losses resulting from illegal or fraudulent access to this information. We also reserve the right to make such information available to auditors, police and other governmental agencies as permitted or required by law, and to provide such information to third parties, whether or not for compensation, in conjunction with commercial agreements between us and them, provided that we shall take appropriate steps we believe are necessary and commercially reasonable to safeguard the privacy of our users and account owners. If you have any questions concerning our data collection and usage policies, please contact customer service before accepting this License.

Storage, Sharing and Usage of Your Personal Information

Your privacy and the privacy of your clients are of utmost importance to us. We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. This information is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information. However, we have no ability to control and assume no responsibility or liability for the use of information where our users have elected to provide such information to third parties through our Applications. Reference should be made to the terms and conditions of use at their sites.

Crash-Reporting Feature

The Application have a crash-reporting feature that sends a report to TruxTrax.com when the Application crashes. TruxTrax.com uses the information in the crash reports to diagnose and correct the problems in the Applications that caused the crash. Though this feature starts automatically after the Application crashes. By default, this feature sends a variety of Non-Personal Information to us, including the stack trace (a detailed description of which parts of the Applications code were active at the time of the crash) and the type of the device you are using.

Mobile Network Charges

You are responsible for your mobile wireless device and(or) any fees assessed by your mobile network provider to access the Application, including any data plan charges, out-of-area, roaming, or other wireless device connection charges. You should contact your mobile network provider to find out about these charges and any fair use policy before using the Application.

Warranties

TruxTrax.com does not give any warranties in respect of the network, content, software or service used in conjunction with the Applications. In particular, the Applications are provided on an “as is”, “with all faults” and “as available” basis, with no representation as to accuracy, availability or usability. While TruxTrax.com does its best to ensure the optimum performance of the Applications, you agree that you use the Applications and rely on content contained in the Applications at your own risk. TruxTrax.com reserves the right to terminate your access to the Applications at any time for any or no reason and without notice to you. To the extent allowed by applicable law, TruxTrax.com hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack or negligence or of workmanlike effort. Additionally, TruxTrax.com makes no warranty that the Applications are free from infection by viruses or anything else that has contaminating or destructive properties.

Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend and hold TruxTrax.com and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with your use of the Applications.

Links

TruxTrax.com contains links to external sites, including our partners’ websites and others. These websites are not governed by this Agreement, and we do not take responsibility for the privacy practices of any third-party websites to which we link.

Advertising and Sponsorship

The Applications may contain, incorporate or integrate with external providers of advertising, sponsorship and other digital media assets. The providers and publishers of such content are responsible for ensuring that material submitted for inclusion on the network complies with international and national law. TruxTrax.com will not be responsible to you or any other person for any claim relating to the content of or for any error or inaccuracy in any digital material displayed within or in association with the Applications.

Electronic Communications

As per the Canadian Anti-Spam Legislation, by aggreeing to our terms of use. you are providing Express Consent to
communicate electronically and to receive electronic communications from TruxTrax inc. I understand that my
consent may be withdrawn at any time by emailing support@truxtrax.com with UNSUBSCIBE in the subject title.

We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.

Jurisdiction

In the event that the download or use of the Applications results in any conflict, such conflict must be resolved in accordance with the laws applicable in Quebec and in Canada before a Montreal district court.

Changes to Terms of Service

TruxTrax.com may change this Agreement at any time for any reason by posting the modified Agreement on its website. Your continued use of the Applications after a modified Agreement is posted shall be acceptance of the new Agreement. If you do not agree with the modified Agreement, you must stop using the Applications.
If you have any questions regarding the terms of this Agreement, please contact our customer service online.

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