Consumer Agreement – Navistar Tracking
This Consumer Agreement (“Agreement”) is entered into between Navistar Tracking LLC (“Company,” “we,” “us,” or “our”) and the individual or entity using our services (“Customer,” “you,” or “your”). By accessing or using our services, you agree to the terms outlined in this Agreement. If you do not agree, you may not use our services.
1. Services Provided
Navistar Tracking provides telematics, fleet tracking, and related technology services (collectively, the “Services”). Services are offered subject to availability and may include features such as location tracking, data analytics, and communication tools as specified in your subscription plan or contract.
2. Eligibility
By entering into this Agreement, you confirm that:
- You are at least 18 years of age or have reached the age of majority in your jurisdiction.
- You have the authority to bind your organization if you are entering into this Agreement on behalf of a business.
- You will provide accurate and complete information during registration and throughout your use of the Services.
3. Account Responsibilities
- You are responsible for maintaining the confidentiality of your account credentials.
- You agree to notify Navistar Tracking immediately of any unauthorized access to or use of your account.
- Navistar Tracking reserves the right to suspend or terminate accounts suspected of unauthorized use.
4. Fees and Payment
- Service Fees: Fees for the Services are outlined in your subscription agreement or purchase order. All payments are due according to the terms specified.
- Payment Methods: Payments can be made using accepted methods such as credit card, bank transfer, or other approved methods.
- Late Payments: Unpaid balances may result in service suspension, late fees, and interest charges as allowed by law.
5. Use of Services
- Permitted Use: You may only use the Services for lawful purposes and in compliance with all applicable laws and regulations.
- Prohibited Activities: You agree not to:
- Use the Services for fraudulent, illegal, or harmful activities.
- Reverse-engineer, modify, or tamper with the software.
- Share access with unauthorized individuals or entities.
- Compliance: You are solely responsible for ensuring that your use of the Services complies with applicable laws, including data privacy laws in your jurisdiction.
6. Data Collection and Privacy
Your use of the Services is governed by our Privacy Policy, which outlines our practices regarding data collection, use, and protection. By using the Services, you consent to the collection, use, and storage of your data as described in the Privacy Policy.
7. Intellectual Property
- Ownership: All intellectual property rights related to the Services, including software, logos, trademarks, and content, are owned by Navistar Tracking or its licensors.
- License: Navistar Tracking grants you a non-exclusive, non-transferable, and limited license to use the Services during the term of this Agreement.
8. Termination
- By Navistar Tracking: We may terminate this Agreement and your access to the Services at any time if you breach the terms or engage in prohibited activities.
- By You: You may terminate this Agreement by ceasing to use the Services and providing written notice.
- Effects of Termination: Upon termination, you will lose access to the Services, and any outstanding fees will remain due.
9. Warranties and Disclaimers
- No Warranty: Navistar Tracking provides the Services “as is” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Limited Liability: Navistar Tracking shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Services. Our total liability is limited to the amount you paid for the Services during the six months preceding the claim.
10. Indemnification
- You agree to indemnify and hold Navistar Tracking, its affiliates, employees, and agents harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Services or your breach of this Agreement.
11. Dispute Resolution
- Governing Law: This Agreement shall be governed by the laws of the state where Navistar Tracking is headquartered.
- Arbitration: Any disputes arising under this Agreement shall be resolved through binding arbitration, with the parties sharing the costs equally, unless otherwise specified by law.
- Jurisdiction: If arbitration is unavailable, disputes will be resolved in the courts of the governing state.
12. Changes to the Agreement
Navistar Tracking reserves the right to modify this Agreement. You will be notified of significant changes, and continued use of the Services constitutes acceptance of the revised terms.
13. Entire Agreement
This Agreement constitutes the entire agreement between you and Navistar Tracking, superseding all prior agreements, understandings, or representations related to the Services.
14. Contact Information
If you have any questions or concerns about this Agreement, please contact us at:
Navistar Tracking LLC
Email: support@navistartracking.co
Address: 11021 Rocket Blvd Orlando FL 32824
By using our Services, you confirm that you have read, understood, and agreed to the terms of this Consumer Agreement.
