ProTracking ELD | Terms and Privacy

PRIVACY POLICY

If you are a new ProTracking ELD subscriber on or after August 21, 2017, or if you use the Site on and after this date, this Privacy Policy applies to you.
We have updated our Privacy Policy to make it more modern and easy to understand, and to bring ProTracking ELD, ProTracking ELD POD/PAPS/PARS/BOL/Equipment, ProTracking ELD, ProTracking ELD Fleet customers under a single uniform privacy policy. This update is primarily meant to bring our customers under one privacy policy, regardless of the ProTracking ELD services you use. In addition, we have modernized our disclosure policy by outlining our use of social media, mobile, and online analytics information. We also describe in more detail how we collect and receive personal information from third parties.
Your privacy is important to ProTracking ELD. (referred to as "ProTracking ELD", "we" or "us" in this Privacy Policy).
This Privacy Policy explains how we collect, receive, store, use, and disclose your personal information.
When you use https://protrackingeld.com/ (the "Site"), when you sign up for and use our Fleet Management services, when you purchase a GPS or an ELD piece of equipment, when you use ProTracking ELD via our mobile and browser-based apps, and all related sites, widgets, tools, apps, data, software, APIs and other services provided by ProTracking ELD (the "Services"), you agree to the terms of this Privacy Policy.

BY USING THE ProTracking ELD, YOU AGREE TO THIS PRIVACY POLICY OF USE; IF YOU DO NOT AGREE, DO NOT USE THE ProTracking ELD. BY USING THIS INFORMATION, YOU ARE REPRESENTING AND WARRANTING THAT APPLICABLE LAWS AND REGULATIONS OF YOUR JURISDICTION ALLOW YOU TO ACCESS THE INFORMATION AND YOU CONFIRM THAT YOU ACCEPT THE PRIVACY POLICY.

SUMMARY OF PRIVACY POLICY

The following is a summary of how we collect, use, and share personal information. For a full description of our practices relating to personal information please read this Policy in its entirety.

1. INFORMATION WE COLLECT AUTOMATICALLY FROM THE USE OF OUR
SITE AND SERVICES

If you simply visit ProTracking ELD to read content, we will use the information to provide a good experience as:
IP address;
Device identifiers;
Web browser information;
Cookies and other tracking technologies.
Log data (e.g. access times, hardware, and software information).

You are not required to provide us with any personal information as a Visitor.

When you view our Site, we may store small text files on your device called cookies to automatically recognize you each time you visit. Cookies can help us in many ways, for example, by allowing us to tailor the Site to save your options so that you do not have to set them up manually each time. Cookies are also used to help us track visitors, track usage, conduct research, target advertising, and improve our content and Services. Other sites may also use our cookies to anonymously identify your browser when you visit, such as advertising services that may appear on other sites.

We use Google products including Google Analytics. We use these products to understand how the website is being used in order to improve the Visitor experience. User data is totally anonymous. For an overview of privacy policies, click on them:

How to Opt-out from using your information by Google? Anyone has the ability to prevent their data from being used by Google Analytics. In order to perform it, please click here.

2. INFORMATION WE COLLECT FROM YOU

We collect information when you:

purchase and subscribe to our Services or sign up for a trial to our Services;
purchase an Electronic Logging Device or a GPS device;
create an account to use our Site and our Services;
use our Site and our Internet-delivered Services;
sending us a voluntarily completed form "Contact us" for support or customer service (we use your email address, name, phone number, other personal data as part of your communication, as well as the content of your message);
subscribe to receive our newsletters, emails, or similar (we collect your name, email address, and newsletter preferences).
use a ProTracking ELD page on a social media service, such as our Facebook;
sign up for our newsletter;
enter ProTracking ELD contests or promotions.

2.1. ACCOUNT DATA

There are different types of account, and you can register as a:

Fleet Manager;
Owner Operator;
Company Driver.

When you sign up to subscribe to our Services, sign up for trials of our Services, contact us for support or information, order items from the store on our Site, sign up for a newsletter or other marketing communications, or sign up for a contest or promotion, we may collect:

your name, address, telephone number, and email address;
your payment information such as your credit card number and associated information;
your Vehicle Identification Number ("VIN");
demographic information, including the language of preference, referral source, and other marketing information if you agree to provide it.

You may also give us personal information when you use the interactive portions of our Site and Services.
Note that any information you post on interactive Sites and Services are often public and can be seen by others.
Finally, we may also collect the information you give us when we interact with you on social services such as Facebook.
Location information: ProTracking ELD mobile will determine your location for the purposes of providing services.

2.2. INFORMATION USES FROM WHICH YOU CAN OPT-OUT ON REQUEST

Marketing communication

You may opt-out from our communications related to the marketing of our Services without any impact on your use of the Site or Services.

Partner and joint marketing uses

You may opt-out from any disclosure to the third-party marketers without any impact on your use of the Site or the Services. You may opt-out from the following disclosures and uses of your personal information without any impact on your use of our Services. You may do so by emailing [email protected] .

2.3. ACCESS AND UPDATE OF YOUR INFORMATION

We give you access to a broad range of information about your account and your interactions with us in the "My Account" portion of the Site. You may also have access to the foregoing by contacting customer care by phone or email.
You are responsible for updating and maintaining the truth and accuracy of the personal information you provide to us.

3. PAYMENT DEMANDS AND TERMS

The services are paid off after the payment from you is credited to the ProTracking ELD account.
If you are making a payment, you agree to provide us with valid payment information.
Please note, that if the currency of the payment differs from the currency of your savings on your bank account, the money will have to be converted in currency. Therefore, before you proceed with the payment, please check the current real exchange rate with your bank.
For your convenience, we give you the opportunity to make transactions using a number of different sources of financing, such as credit and debit cards, other payment methods.
The methods of payment used by us may vary depending on your country and may be changed by us at any time at our sole discretion.
Please note that we may use the services of third-party payment processors to process your payments.
Before making a payment, carefully study the details of the transaction, since the total cost may include commissions, taxes, fees and other mandatory payments established by third parties that you will be required to pay.
IF YOU HAVE NOT REACHED THE AGE OF MAJORITY, YOU CAN MAKE A PURCHASE USING ONE OR ANOTHER PAYMENT METHOD, ONLY WITH THE PERMISSION OF ONE OF YOUR PARENTS OR GUARDIAN.
When making a payment, you give us (and our special payment systems) permission to debit the full amount from the payment data that you specify for the operation. You also give us permission to collect and store payment data along with other transaction information. In addition, we can use certain services for updating payment card details, the availability of which depends on the issuer, so that the information on payment data stored with us is always up to date.
If you pay by credit or debit card, we can obtain from the card issuer prior approval of payment in an amount that may equal its full value. Funds will be debited from your card at the time of payment initiation or shortly after it. If you cancel the operation before it is completed, the transaction amount may not be returned to you immediately due to the need to obtain the approval mentioned above.
If the debit operation leads to an overdraft or the collection of other bank charges from you, you are solely responsible for the specified obligations to the bank.
When you use any form of payment, you represent and warrant to ProTracking ELD that:
- You are the legal owner of this payment method and have the right to use it;
- The payment method you use is valid.
- The use of such a payment method and the initiation of payments in the ProTracking ELD are carried out in accordance with the law applicable to you.

Measures we can take:

We may deny you the right to make payments in the ProTracking ELD at any time at our discretion.
We may cancel any transaction if it seems to us that it violates this Privacy policy or such cancellation can prevent financial losses.
In order to avoid financial losses that you or we may suffer, we have the right to postpone the payment for some time, restrict the possibility of using payment data for a transaction, or the possibility of making a payment, or deactivate your account.
In order to avoid financial losses that you or we may suffer, we have the right to contact the issuer or the source of your payment data, law enforcement agencies or interested third parties (including other users), and exchange information with them about any payments related to you, if we proceed from the assumption that this will prevent financial loss or violation of the law.
We reserve the right to terminate or suspend your use of the paid services of the ProTracking ELD at any time and for any reason without any obligations.
If you suspect that an unauthorized or other improper transaction has been made under your account, you must immediately notify us to prevent financial losses. If you missed a notice or complaint from the 10-day deadline, we have the right to refuse to consider any claims against us in connection with certain transactions in full and to the extent permitted by the applicable law of the USA.

4. HOW WE USE YOUR PERSONAL INFORMATION WE COLLECT AND RECEIVE

To give you access to your account;
To contact you, to respond to customer support requests for information or to provide technical support;
To improve the quality of our Services, to test and implement new features and products, to troubleshoot, to monitor the effectiveness of our Services;
To notify you of any important information regarding our Services;
To prevent unauthorized or fraudulent use or abuse of Services on our Website;
For any other purposes that we specifically communicate to you when we collect that information with your consent, or for which we have a legitimate interest, such as direct marketing, individual or market research, or anti-fraud protection;
To market our products and services and to provide you with materials about offers, products, and services that may be of interest, including new content or Services, including tailoring content, advertisements, and offers, and to notify you of offers, products, and services that may be of interest to you, for other purposes disclosed at the time that you provide your information, or otherwise with your consent;
To notify you about changes to our service;
To ensure that content from our Website is presented in the most effective manner for you and for your device;
To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us;
To administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes, traffic levels on the Sites, and other usage data, all of which help us to provide content tailored to your interests and improve the Site and related Services.
Often, much of the data is aggregated or statistical data about how people use our Services or Website and is not linked to any personal data. To the extent that this data is itself personal data, or is linked to personal data, we treat it accordingly.

4.1.1. INFORMATION THAT WE SHARE

We share information with:

Service Providers.

We could share information as Non-Identifying Information.

We share your information with service providers that assist us in delivering our Services. These third parties have access to your personal information only to the extent necessary to perform the functions they carry out on our behalf, are not permitted to use it for other purposes, and are bound to keep the information strictly confidential.
It is not considered a violation by our company to provide information to agents and third parties acting on the basis of an agreement with us, in order to fulfill our obligations to you and only within the framework of agreements. For example, we can hire other companies to process payments, provide data storage, to assist in marketing, to conduct audits.
Third-party suppliers undertake to protect personal data to the same extent as we do. Third-party suppliers are also prohibited from using your personal data for any other purpose.
We may share your information with third parties with whom we have contracted, affiliates, and business partners. We will require the recipients to use your personal information only for appropriate purposes and take appropriate measures to protect your personal information.
We also may disclose your information when permitted or required to by law, to enforce our Customer Agreement and our legal relationships with third parties, and to detect, prevent, or otherwise address fraud, security, or technical issues.

Except as described in this Privacy Policy, we will not provide your information to any third parties without your consent, unless we honestly believe that we are required or allowed to do so in accordance with applicable law.
In the event that we sell or transfer all or a portion of our business or assets to a third party, such as in the event of a corporate sale, merger, reorganization, dissolution or similar event, we may transfer information that we have collected to such third party. We will require such a third party to continue to comply with this Privacy Policy.
We may disclose the information if we believe it is necessary:

to respond to an emergency.
to protect the legitimate rights, privacy, property, interests, or safety of ProTracking ELD, our patients, business partners, personnel, or the general public;
to comply with any law applicable to us, a request from law enforcement, a regulatory agency, or other legal processes;
to pursue available remedies or limit damages;
to enforce our duties, obligations, business transfer.

We reserve the right to disclose user information when we believe in good faith that such action is necessary to comply with a legal obligation.

5. INFORMATION SECURITY

Personal information may be stored in Canada or with our affiliates and service providers in foreign countries, including in the United States, where it will be subject to the legal regimes of those jurisdictions.
To help protect the confidentiality of personal information, we use administrative and technological safeguards appropriate to the sensitivity of the personal information being protected. For instance, we operate secure data networks protected by industry-standard firewall and password protection systems. Personal information is stored in secured locations and on services located either at our offices or at the facilities of our data storage providers and technology service providers.
We protect the security of the information you provide to make purchases and to activate subscriptions online by using Secure Sockets Layer software, which encrypts the transmission of such information to our Services.

6. CHANGES TO THIS PRIVACY POLICY

ProTracking ELD reserves the right to modify or supplement this Privacy Policy statement at any time. If we make any material change to this Privacy Policy, we will update this Site to include such changes and post a notice on our home page with a link to the updated Privacy Policy. Please read any such notice and the new Privacy Policy statement. Your continued use of this Site and the Services after we post such notice will constitute your acceptance of the new terms.
Information disclosed for such use, including information previously furnished to us, will be treated as if any changes to this Privacy Policy formed the initial terms. However, we will seek your consent if we want to use your personal information for purposes other than those you have agreed to previously.

7. CHILDREN'S PRIVACY

The following guidelines supplement our general Privacy Policy and follow the rules set by the U.S. Children's Online Privacy Protection Act (COPPA) and other applicable laws.
When we use the term "child" or "children" below we mean an individual under 13 years of age or the appropriate age for services directed toward children as defined under applicable laws in other jurisdictions or an individual under 16 years of age in countries subject to the EU General Data Protection Regulation ("GDPR") where the collection, use or disclosure of personal information about such an individual is restricted by applicable law. When we use the term "parent" below, we mean to include legal guardians.
If you are a parent and you find out that your child has provided us with personal information without your consent, you can delete your child's account by selecting the appropriate option in your child's ProTracking ELD Settings or by notifying us. If we find out that we have collected any personal information from children under the appropriate age, we will immediately take steps to remove such information and cancel the child's account.

8. TERM AND TERMINATION

We may terminate your right to access and use the services offered on the ProTracking ELD Website at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease

9. DISCLAIMERS

THE WEBSITE, CONTENT, AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED 'AS IS' AND AS AVAILABLE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ProTracking ELD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.

We make no representations or warranties with respect to any ProTracking ELD published on the Website.
We disclaim all liability for the content of ProTracking ELD. Our non-liability applies, without limitation, to any ProTracking ELD, including ProTracking ELD which has been edited by us. We are not liable for any links to third party websites in the ProTracking ELD, including for the content of the page to which the ProTracking ELD links.
We disclaim all liability for the content of the Website. The use of our services is in any respect the sole responsibility of the Registered Users. We cannot be held liable for the availability of the Website.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL ProTracking ELD (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING ANY SUBJECT MATTER ARISING FROM OR RELATED TO THIS AGREEMENT, THE ProTracking ELD SERVICE OR ANY OF THE WEBSITES OPERATED BY ProTracking ELD OR ITS PARENT COMPANY REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR (i) ANY LOSS OF PROFITS, CONTRACTS, REVENUE, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF A THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE IS DIRECT, INDIRECT OR CONSEQUENTIAL); (ii) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL); (iii) ANY MATTER BEYOND ITS REASONABLE CONTROL; (iv) ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER; OR (v) DAMAGES, EVEN IF ProTracking ELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE ProTracking ELD SERVICE, RELATED SERVICES, FEATURES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.

ProTracking ELD IS NOT LIABLE FOR THE GENERAL AVAILABILITY, APPLICABILITY, OR YOUR USE OF THE ProTracking ELD SERVICE, OR ANY DATA RELATED TO YOUR USE OF NON-ProTracking ELD APPLICATIONS OR ANY BUSINESS DECISIONS OR THE RESULT OF SUCH DECISIONS MADE BY CUSTOMER USING REVIEW INSIGHTS, INCLUDING WITHOUT LIMITATION LIABILITY FOR BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTITUTION OR OTHERWISE ARISING FROM OR IN CONNECTION WITH THE AGREEMENT, THE ProTracking ELD SERVICE OR ANY OF THE WEBSITES OPERATED BY ProTracking ELD.

11. YOUR RIGHTS REGARDING THE PROCESSING OF PERSONAL DATA

For the purpose of this Privacy Policy, we are a Data Controller of your personal information.

You have the right to know about the sources of the collection, the location of your personal data, and the purpose of their processing.
If you want to know what kind of personal data we process, you can request this information at any time. You can find out the list of data that we need to provide to you in articles 13 and 14 of the GDPR. However, when contacting you, you must tell us your specific requirements so that we can legally be able to consider your request and provide an answer. We will process requests as soon as possible, but at the same time, we ask you to remember that providing a full and legitimate answer with respect to personal data is a complex process that can take up to a month.
Please note that if we are unable to verify your identity through the exchange of electronic messages, or in case of reasonable doubts about your identity, we may ask you to provide an identity document. Only in this way can we avoid disclosing your personal data to a person who can impersonate you.
The right to receive information. You have the right to receive clear, transparent, and understandable information about how we use your personal data and about your rights.
The right of access. This right allows you to receive a copy of the personal data that we process, and to verify that we process it in accordance with applicable law.
The right to make changes. You can send a request to make changes to your personal data in the section of the company profile.
The right to be forgotten. In the cases provided for in Art. 17 GDPR, we will destroy your personal data that we process, with the exception of those personal data that we will be required to maintain in accordance with legal requirements.
PARAGRAPHS 1 AND 2 IN ART. 17 GDPR SHALL NOT APPLY TO THE EXTENT THAT PROCESSING IS NECESSARY FOR EXERCISING THE RIGHT OF FREEDOM OF EXPRESSION AND INFORMATION.
The right to limit processing. This right allows you to ask us to suspend the processing of your personal data, for example, if you want us to establish their accuracy or reason for processing.
The right to data portability. You can ask us to transfer your personal data. We will provide you or the third party you choose with your personal data in a structured standard machinereadable format.
The right to object. You can object to the processing of your personal data at any time if such processing is in our legal interests in a format that is convenient for us.
The right to withdraw consent to data protection. If you withdraw your consent, we will not be able to give you access to certain features of ProTracking ELD. We will notify you in case of and during the withdrawal of your consent.
The right to file a complaint. You have the right to contact your national data protection authorities to appeal our data protection and privacy practices.
The right to deactivate cookies. If you want to limit or block all cookies set by ProTracking ELD, use the tool available on the relevant ProTracking ELD, or refer to the help of your browser to learn how to manage your browser settings.

We will try to respond to all legal requests within one month. If your request is particularly complex or you have made several requests, it may take more than a month. In this case, we will notify you and will keep up to date.

12. DISPUTE RESOLUTION AND ARBITRATION

ProTracking ELD is a provincially regulated entity in Texas, USA.

You and ProTracking ELD agree that any dispute, claim, or controversy between you and ProTracking ELD arising in connection with or relating in any way to these Agreements or to your relationship with ProTracking ELD as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive the termination of the Agreements.
Time for filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time permitted by applicable law.

13. CONTACT US

If you wish to contact our Privacy Officer, you can do one of the following:
By Email [email protected]

ProTracking ELD Terms of Use

Legal Information & Notices

These Terms of Use apply to the ProTracking ELD located at https://protrackingeld.com/ , and all associated ProTracking ELD links to https://protrackingeld.com/ (collectively, the "ProTracking ELD"). The ProTracking ELD is the property of ProTracking ELD LLC ("ProTracking ELD").

BY USING THE ProTracking ELD , YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE ProTracking ELD .
BY USING THIS INFORMATION, YOU ARE REPRESENTING AND WARRANTING THAT APPLICABLE LAWS AND REGULATIONS OF YOUR JURISDICTION ALLOW YOU TO ACCESS THE INFORMATION AND YOU CONFIRM THAT YOU ACCEPT THE TERMS OF USE.

When you use ProTracking ELD (the "Site"), when you sign up for and use our services, when you purchase a GPS or an ELD piece of equipment, when you use ProTracking ELD through our mobile and browser-based apps, and all related sites, widgets, tools, apps, data, software, APIs and other services provided by ProTracking ELD (the "Services"), you agree to the terms of this Privacy Policy.

1. BASIC CONCEPTS (TERMS)

Personal Data Subject - this is an individual to whom personal data relate and who can be identified by this personal data, or who is already identified as:
Customers - employer or another entity who uses the Services for their employees or other entities ("Customer") they represent; the Customer warrants that (a) they have the legal authority to bind the applicable entity to these Terms and are 18 years or older, and (b) that they agree, on behalf of the entity they represent, to these Terms.
Users - an individual whose Customer and Administrator have the ability to access, disclose, restrict, and remove information in or from an End User account, with the Administrator's ability to monitor, restrict, or terminate access to an End User account.
Installation means the installation and set-up of a Transmission Unit in the Customer's Asset and Installs has a corresponding meaning.
Tracking Pack means the Products, Subscriptions to the Tracking Service inclusively (or any part of the Tracking Pack in isolation), and any enhancements and modifications to the same.
Order Form means the Customer Purchase Order Form which ProTracking ELD provides to the Customer and the one that the Customer completes and accepts to purchase Products and a Subscription to the Tracking Service in accordance with the Terms of Use;
Warranty Period - means 12 months from the time of delivery of the sold Tracking Pack.

2. AGREEMENT TO TERMS OF USE

2.1 ProTracking ELD reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time.
2.2 It is your responsibility to check these Terms of Use periodically for changes.
2.3 Your continued use of the ProTracking ELD following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ProTracking ELD grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the ProTracking ELD.

3. EQUIPMENT

You shall be responsible for obtaining and maintaining equipment needed for access and use of the ProTracking ELD services, such as:
3.1. Downloading Apps including the mobile device software available via the Apple, LLC ("Apple") App Store (each an "Apple Store App"), and "Play Market" to allow the Customer to monitor the location and other data relating to the Asset, to the extent that such Asset is located in the Territory, including by facilitating the transmission of Location Data and Asset Data between the Platform and the Transmission Units via a Transmission Service;
3.2. GPS, RFID, IR equipment;
3.3. Providing IR equipment for maintaining precise information on hooking transports together from individual trucks and trailers;
3.4. Providing GPS equipment for tracking the location of fleet assets;
3.5. Providing cargo sensors, door sensors, temperature sensors;
3.6. Providing RFID tags and readers for warehouse management;
3.7. Providing ELD/HOS solution, compliant with FMCSA regulations eCFR Title 49, part 395.

4. START OF THE AGREEMENT

4.1. The Customer should submit an application for the Tracking Packs via the Order Form on the ProTracking ELD. The application must be considered as an offer by the Customer to purchase the Service.
4.2. The Agreement, or the amendment thereof, is established electronically at the moment when a ProTracking ELD representative sends the confirmation (or verbal confirmation and clarification approval by a ProTracking ELD representative) to the Customer that the request has been accepted. A ProTracking ELD representative has the right not to accept an application without stating reasons.
4.3. The Customer should complete the application form completely and truthfully and promises that they will immediately provide Track Assistant with changes to these data.
4.4. CUSTOMER MUST PURCHASE TRACKING PACK WITH SERVICES AS FURTHER DESCRIBED IN AN ORDER FORM AND CANNOT BE SOLD SEPARATELY FROM EACH OTHER. PRODUCTS MUST ONLY BE USED IN CONJUNCTION WITH THE TRACKING SERVICE AND FOR NO OTHER PURPOSE.
4.5. Legal and beneficial ownership, intellectual property rights of the Tracking Pack will remain with ProTracking ELD.

5. INVOICING OF SERVICES

5.1. Upon agreement, the cost and scope of Services shall be governed after individual communication by a ProTracking ELD representative with Customer and must be paid within 10 days from the date of invoicing or/and order approval.
5.2. The rates consist of monthly (Single-subscription) amounts.
5.3. All payments are due in U.S. dollars unless otherwise indicated on the electronic invoice.
5.4. This invoice is sent to the e-mail address that the Customer has specified on the order form on the ProTracking ELD.
5.5. The services are paid off after the payment from you is credited to the ProTracking ELD account.
5.6. If you are making a payment, you agree to provide us with valid payment information.
5.7. Please note, that if the currency of the payment differs from the currency of your savings on your bank account, the money will have to be converted in currency. Therefore, before you proceed with the payment, please check the current real exchange rate with your bank.
5.8. For your convenience, we give you the opportunity to make transactions using a number of different sources of financing, such as credit and debit cards, and other payment methods.
5.9. Please note that we use the services of third-party payment service https://stripe.com/. The methods of payment used by us may vary depending on your country and may be changed by us at any time at our sole discretion.
5.10. Before making a payment, carefully study the details of the transaction, since the total cost may include commissions, taxes, fees, and other mandatory payments established by third parties.
5.11. When making a payment, you give us (and our special payment systems) permission to debit the full amount from the payment data that you specify for the operation. You also give us permission to collect and store payment data along with other transaction information. In addition, we can use certain services for updating payment card details, the availability of which depends on the issuer, so that the information on payment data stored with us is always up to date.
5.12. If you pay by credit or debit card, we can obtain the funds from the card issuer prior to the approval of payment in the full value amount. Funds will be debited from your card at the time of payment initiation or shortly after it. If you cancel the operation before it is completed, the transaction amount may not be returned to you immediately due to the need to obtain the approval mentioned above.
5.13. If the debit operation leads to an overdraft or the collection of other bank charges from you, you are solely responsible for the specified obligations to the bank.
5.14. When you use any form of payment, you represent and warrant to ProTracking ELD that:
5.15. You are the legal owner of this payment method and have the right to use it;
5.16. The payment method you use is valid.
5.17. The use of such a payment method and the initiation of payments in the ProTracking ELD are carried out in accordance with the law applicable to you.
ProTracking ELD reserves the right to change prices and/or performance criteria on the following basis: a new price list is announced by email or push notifications sent to the Customer account at least one month prior to its expiry date.
5.18. The Customer has the right to terminate their contract with ProTracking ELD on the date when the new price list enters into force with the limitations of the refund conditions specified in the Terms of Use. However, by continuing to use ProTracking ELD Services, the Customer accepts the changed conditions.
5.19. The agreement can be terminated electronically by the Customer each month three (3) days before the end of the current period via account ProTracking ELD with no refund to the Customer. The next month no subscription costs are due.
5.20. ProTracking ELD refunds money only if we have received a notice from the Customer of the early termination 15 days before the next monthly payment. ProTracking ELD will refund to the Customer within 90 days a pro-rata amount for unused Services.
5.21. Measures we can take:
We may deny you the right to make payments in the ProTracking ELD at any time at our discretion.
5.22. We may cancel any transaction if it seems to us that it violates our Privacy policy or such cancellation can prevent financial losses.
5.23. In order to avoid financial losses that you or we may suffer, we have the right to postpone the payment for some time, restrict the possibility of using payment data for a transaction, or the possibility of making a payment or deactivate your account.
5.24. In order to avoid financial losses that you or we may suffer, we have the right to contact the issuer or the source of your payment data, law enforcement agencies or interested third parties (including other users), and exchange information with them about any payments related to you, if we proceed from the assumption that this will prevent financial loss or violation of the law.
5.25. We reserve the right to terminate or suspend your use of the paid services of the ProTracking ELD at any time and for any reason without any obligations.
5.26. Fee for unpaid Monthly ELD service and other Service:
5.26.1. A Customer should always provide our Accounting Department with information regarding the payment method change on time.
5.26.2. In case the card was changed and a Customer did not inform the accounting department of ProTracking ELD, all future debt will be with Fee of 10% of all debt amounts.
5.26.3. If Customer's fees are past due (including any fees owing to any third party equipment financing company), ProTracking ELD may suspend the Services automatically and provide notice of termination for material breach.

6. DELIVERY AND RISK OF LOSS

6.1. All Tracking Pack will be shipped in a commercially reasonable manner to the "ship to" address designated in Customer's Order Form by delivery service https://www.ups.com/ca/en/Home.page, or in case of mutual agreement by another delivery service.
6.2. An order for Tracking Packs may not be canceled without prior approval by ProTracking ELD.
6.3. With respect to Purchased Tracking Pack, (except with respect to the Software installed on the Purchased Tracking Pack) will pass to Customer upon ProTracking ELD's delivery to the carrier.
6.4. The customer is responsible for all freight, insurance, and other shipping-related expenses, including, but not limited to, taxes and duties.
6.5. ProTracking ELD will not be liable for any loss or damage for failure or delay in delivery of Tracking Packs (including consequential loss or liability for any amount payable by you to a third party).
6.6. Risk of damage
6.7. or loss of the Tracking Pack, including any SIM cards, passes to the Customer upon delivery of the Tracking Pack to the Customer.
6.8. Installation.
The customer is solely responsible for installing the Tracking Pack in accordance with ProTracking ELD's written instructions and Documentation. The customer agrees that ProTracking ELD is not liable for any cost, expense, or damages arising from the installation of the Tracking Pack.
6.9. The Tracking Pack connects to the battery of a vehicle and consumes a small drain on the vehicle's battery, which may adversely affect the vehicle while not in operation. ProTracking ELD is not liable for any consequences of the battery drain associated with the use of the Tracking Pack or the Services.
6.10. Compatibility.
The customer is solely responsible for determining whether or not the Services and Tracking Pack are compatible with any vehicles utilizing the Services and Tracking Pack. The customer agrees that ProTracking ELD is not responsible for any cost, expense, or damage arising from compatibility issues.
6.11. If the Tracking Pack takes back within 14 days, a fee of 20% of the cost for the Tracking Pack will be charged. Also, The Customer pays the cost of the delivery of the Tracking Pack.

7. THE CONDITIONS OF OPERATION

7.1. IF YOU DON'T FOLLOW THESE INSTRUCTIONS, YOU MIGHT BREAK THE DEVICE.
7.2. Cable Insertion and Removal Instructions for Pacific Track PT30 ELD Device. When inserting & removing the cable, please follow these important instructions:
7.3. The 10-pin Molex connector uses a "latch & catch" locking system. The latch is on the cable connector, and the catch is on the device connector. The latch and catch are situated on the bottom of the device, so you need to flip the device upside down to see the latch.
7.4. Make sure to align the pins when you insert the connector carefully.
7.5. When you are inserting and removing the cable, do not rock, bend, or torque the connector in a left/right or up/down direction. Doing so may permanently damage the plastic and/or terminals on the device connector. It is very important that the connector is inserted and removed in a level and straight orientation.
7.6. Make sure to push down the backside of the latch before pulling the cable out from the device. The latch works on a rocking principle - pushing down one end lifts the other end.

8. SOFTWARE: REFUNDS, RECALCULATIONS AND CHARGE FEES

8.1. Monthly/Yearly ELD Service is for using ProTracking ELD ELD application. This is a payment, not for a truck or device. Payment deducted for a user of the application.
8.2. The software can not be refunded.
8.3. At the time of connection PT30 device to the truck, customers should have the ELD Subscription.
8.4. Actual Monthly Subscription plans and prices the Customer can find at the official website:
https://protrackingeld.com/ .
8.5. Cancellation Prior to Automatic Renewal:
If the Customer wishes to cancel before automatic renewal, the Customer must contact the ProTracking ELD Sales/Accounting Department at [email protected].
All fees paid are non-refundable.
We are in touch with you 7 days per week
Mon-Fri:
1 am-10 pm (EST)
Sat-Sun:
1 am-4.00 pm (EST)

9. REPRESENTATIONS AND WARRANTIES

9.1 In addition, the Customer must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.
9.2 The Customer acknowledges that:
9.2.1 The Customer relies upon its own knowledge, skill, and judgment in relation to the particular use or suitability of the Tracking Pack for the Customer's purpose;
9.2.2 We will accept no liability for any damages or losses arising from a consequence of any act, default or negligence on the part of ProTracking ELD or of an employee, agent or contractor of ProTracking ELD;

THE CUSTOMER REPRESENTS AND WARRANTS TO US THAT:

THE CUSTOMER HAS THE FULL CORPORATE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS TERMS OF USE, TO GRANT THE RIGHTS GRANTED AND TO CARRY OUT THE TERMS AND CONDITIONS CONTAINED HEREIN;
THE EXECUTION OF THIS TERMS OF USE BY THE CUSTOMER, AND THE PERFORMANCE OF THEIR DUTIES, DO NOT AND WILL NOT VIOLATE OR CONFLICT WITH ANY AGREEMENT TO WHICH THE CUSTOMER IS A PARTY OR BY WHICH IT IS OTHERWISE BOUND;
WHEN EXECUTED BY THE CUSTOMER THIS AGREEMENT WILL CONSTITUTE THE LEGAL, VALID AND BINDING OBLIGATION OF SUCH PARTY, ENFORCEABLE AGAINST SUCH PARTY IN ACCORDANCE WITH ITS TERMS.

10. LIMITED TRACKING PACK WARRANTY BY ProTracking ELD

10.1 ProTracking ELD warrants to Customer that any Tracking Pack shall be free of defects in materials and performance, for the duration of the applicable Warranty Period (as defined in Section 1).
10.2 If the Tracking Pack fails to conform to this Limited Tracking Pack Warranty during the Warranty Period, ProTracking ELD will, at its discretion repair or replace any defective Tracking Pack or component or (ii) if the Tracking Pack is no longer available and repair is not possible, refund the purchase price less reasonable depreciation based on actual use.
10.3 How to Make a Claim
In order to make a claim under this Limited Tracking Pack Warranty, the Customer must report any defect to ProTracking ELD by email at the Website. The subsequent procedure will be mutually determined by the parties.
10.4 This Limited Tracking Pack Warranty is null and void in the event that Tracking Pack has been:
10.4.1 altered or modified (physical damage);
10.4.2 used in a way that does not substantially conform with instruction manuals, user guides, and other information provided by ProTracking ELD, posted to its website or outlined in the Terms of Service;
10.4.3 tampered with, abused, improperly maintained, or otherwise damaged in a way outside of ProTracking ELD's control;
10.4.4 installed or uninstalled without following ProTracking ELD's written instructions;
10.4.5 used with the Services, not in the ordinary course of Customer's business operations,
10.4.6 connected to an improper voltage supply;
10.4.7 used with accessories and/or devices which are not expressly approved by ProTracking ELD;
10.4.8 used with incorrect or unauthorized Cables;
10.4.9 cosmetic damage, including but not limited to scratches, dents and broken plastic on ports;
10.4.10 damage caused by acts of God, to include but not limited to civil disturbance, war, flood, fire, rodents or insects;
10.4.11 damage caused during delivery.

11. REGISTRATION OF CUSTOMER ACCOUNT

11.1 ProTracking ELD grants you the non-exclusive, non-transferable, revocable, limited right to access and use the ProTracking ELD.
11.2 You are solely responsible for activities that take place on your account and you must keep your account password secure.
11.3 You must immediately notify ProTracking ELD about any security breach or unauthorized use of your account.
11.4 ProTracking ELD is not responsible for any damages caused by unauthorized use of your account.
11.5 We are entitled at any time, without notice and without prejudice, to delete, suspend, or change your account in the event of your violation or suspected violation of these Terms or applicable law.
11.6 When we delete your account, you will no longer have access to ProTracking ELD which requires your registration and/or login as a Registered Customer. Also, we reserve the right to delete the Customer content (information).
11.7 Our disclaimer applies without limitations.

12. ADDITIONAL TERMS FOR GOOGLE MAPS

Our Services may incorporate certain Google Maps features and content; and your use of Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.

13. RIGHTS YOU GRANT US

If you provide feedback (contact us), ideas, or suggestions ("Feedback") to ProTracking ELD in connection with the ProTracking ELD you acknowledge that they are not confidential and you authorize ProTracking ELD to use that Feedback without restriction and payment to you. Feedback is considered a type of Content.

14. USE OF ProTracking ELD CONTENT

We grant you limited, non-exclusive, revocable permission to make use of the ProTracking ELD. This grant shall remain in effect until and unless terminated by you or ProTracking ELD.
The ProTracking ELD software applications and Content or material that is made available through the ProTracking ELD ("Content") are not sold or transferred to you, and ProTracking ELD retains ownership of all copies of the ProTracking ELD software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices ("Devices").
The Terms of Use do not grant you any rights to use any ProTracking ELD Brand Features whether for commercial or non-commercial use.

15. LEGAL USE OF THE ProTracking ELD

The following is not permitted for any reason whatsoever:

copying, redistributing, reproducing, "ripping" recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the ProTracking ELD or the Content;
otherwise making any use of the ProTracking ELD or the Content which is not expressly permitted under the Terms of Use or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the ProTracking ELD or the Content or any part of it;
using the ProTracking ELD to import or copy any local files that you do not have the legal right to import or copy in this way;
transferring copies of cached Content from an authorized Device to any other Device via any means;
reverse - engineering, decompiling, disassembling, modifying, or creating derivative works of the ProTracking ELD, Content, or any part thereof except to the extent permitted by applicable law.
use "robot", "web scraper", "spider" or another mechanized program, algorithm device or any similar or equivalent manual process to access, obtain, copy or control any part of ProTracking ELD or any Content or in any way reproduce or bypass the navigation structure or presentation of ProTracking ELD or any Content in order to obtain or attempt to obtain any materials, documents or information by any means that were not intentionally provided through ProTracking ELD.
manipulate identifiers to obscure the origin of any message or message that you submit to ProTracking ELD
ProTracking ELD reserves the right to prohibit any such activity.

16. RESTRICTED ACCESS

Access to certain areas of our website is restricted.
We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
We may disable your user ID in our sole discretion without notice or explanation.

17. LIABILITY

WE SHALL IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DAMAGES FOR THE USE OF THE ProTracking ELD , EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING:

LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD-PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL);
ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL);
ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION, WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE ProTracking ELD SERVICE, RELATED SERVICES, FEATURES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS OR USE OF THE SERVICE.

YOU FURTHER AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF OR RELATED TO THE USE OF OUR WEBSITE, OR SERVICES, OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACTIONABLE EVENT.

18. DISCLAIMERS

THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS SET FORTH IN THESE TERMS ProTracking ELD AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS (A) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE REGARDING THE ProTracking ELD SERVICES AND ANY OUTPUT FROM THE ProTracking ELD SERVICES, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF (I) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, AND NON-INFRINGEMENT, (II) ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR (III) THAT THE ProTracking ELD SERVICES OR ANY ProTracking ELD OUTPUT ARE SECURE, ERROR-FREE OR UNINTERRUPTED.

THE ProTracking ELD SERVICES AND ProTracking ELD OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ProTracking ELD MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, TIMELINESS, OR TRUTHFULNESS OF ANY ProTracking ELD OUTPUT. CUSTOMER IS SOLELY RESPONSIBLE FOR (AND ProTracking ELD DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RELATING TO OR ARISING FROM CUSTOMER'S INSTALLATION OF THE TRACKING PACK, CUSTOMER'S OR END USER'S USE OF THE ProTracking ELD SERVICES OR TRACKING PACK, CUSTOMER'S VEHICLES, AND INTERNET CONNECTIVITY.

This is the disclaimer of our legal liability for the quality, reliability, or safety of our Services and Tracking Pack.

18.2. CUSTOMER AND END USER(S) ACKNOWLEDGE AND AGREE THAT THE ProTracking ELDSERVICES ARE A DRIVER AID ONLY. THEY ARE NOT A SUBSTITUTE FOR A SAFE, CONSCIENTIOUS DRIVER. THEY CANNOT COMPENSATE FOR A DRIVER THAT IS DISTRACTED, INATTENTIVE OR IMPAIRED BY FATIGUE, DRUGS, ALCOHOL, OR OTHERWISE. THE DRIVER IS RESPONSIBLE TO AVOID AN ACCIDENT. CUSTOMER'S DRIVERS AND END-USERS SHOULD NEVER WAIT FOR ANY OF THE ProTracking ELD SERVICES TO PROVIDE A WARNING BEFORE TAKING MEASURES TO AVOID AN ACCIDENT OR ANY VIOLATIONS.

FAILURE OF A DRIVER TO TAKE FULL RESPONSIBILITY FOR THE OPERATION OF A VEHICLE AT ALL TIMES CAN RESULT IN SERIOUS PERSONAL INJURY OR PROPERTY DAMAGE.

18.3. CUSTOMER AND END USER(S) ACKNOWLEDGE THAT USE OF THE SOFTWARE (OTHER THAN SOFTWARE EMBEDDED IN TRACKING PACK), INCLUDING THE APPS, WHILE DRIVING IS STRICTLY FORBIDDEN. DISTRACTED DRIVING IS DANGEROUS AND ILLEGAL IN MANY JURISDICTIONS.

19. FORCE MAJEURE

ProTracking ELD is not liable or responsible for any failure to perform, or delay in performance of any of ProTracking ELD obligations under this Terms of Use that is caused by events outside ProTracking ELD reasonable control ("Force Majeure Event"), in particular (without limitation):

unavailability of public or private telecommunication networks
acts, decrees, legislation, regulations or restrictions of any government or
strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks

or threats of terrorist attacks, war (whether declared or not), or any natural disaster.
ProTracking ELD performance under this Terms of Use is deemed to be suspended for the period that Force Majeure Event continues, and ProTracking ELD will have an extension of time for performance for the duration of that period.

20. TERM AND TERMINATION

21. TRIALS AND ADDITIONAL SERVICES

Access and use of some features made available by ProTracking ELD may require authorizations of additional terms and conditions as a Customer. If you use any such services, the additional terms and conditions will be made available and will become an integrated part of this Terms of Use. In the event of a conflict between the additional terms and conditions and this Terms of Use, the additional terms and conditions shall prevail to the extent of the conflict as it applies to those services.

22. ARBITRATION

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND ProTracking ELD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF.

You and ProTracking ELD agree that any dispute, claim, or controversy between you and ProTracking ELD arising in connection with or relating in any way to these Terms of Use or to your relationship with ProTracking ELD as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms of Use) will be determined by mandatory binding individual arbitration.
The arbitrator must follow these Terms of Use. This arbitration provision will survive termination of the Terms of Use.

Arbitration rules

Any arbitration will be conducted in the English language.

Time for filing

Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time.
If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

23. THIRD-PARTY WEBSITES

We have no control over the Contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

24. GENERAL PROVISIONS

ProTracking ELD will only rely on the conditions expressly specified in these Terms, and Special Conditions in relation to certain ProTracking ELD is provided by ProTracking ELD. Any statements or agreements made or concluded elsewhere, whether directly or indirectly, in writing, verbally or in advertising, are not binding for ProTracking ELD unless ProTracking ELD provides you with written confirmation.
If any provision of this Terms of Use is deemed invalid, illegal or unenforceable (in whole or in part), as determined by a court, the validity, legality, and applicability of the remaining provisions will not be any way to be affected or weakened.
This Terms of Use and your relationship with ProTracking ELD in accordance with this Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which ProTracking ELD reside, without regard to conflict of law's provisions and in accordance with the nonexclusive jurisdiction of the courts to resolve any legal issues arising in connection with the Terms of Use. Notwithstanding the foregoing, ProTracking ELD may apply for injunctive relief (or the equivalent type of emergency legal assistance) in any jurisdiction.

25. DISPUTE RESOLUTION AND ARBITRATION

ProTracking ELD is a provincially regulated entity in Texas, USA.
You and ProTracking ELD agree that any dispute, claim, or controversy between you and ProTracking ELD arising in connection with or relating in any way to these Agreements or to your relationship with ProTracking ELD as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration.
The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive the termination of the Agreements.
Time for filing.
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.