Description of Resources
Personal and Non-Commercial Use Limitation
The contents of this Site, including the text, images, applications, audio and video (collectively referred to herein as “Materials”) and the Resources are for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Materials or any information, software, products or features obtained from or contained in the Resources, or utilized in connection with the Resources.
Password and Security
If any of the Resources require You to register with cellcontrol, You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You authorize cellcontrol to assume that any person using the Site with Your password and user name either is You or is authorized to act for You. You agree to notify cellcontrol immediately of any unauthorized use of Your account or any other breach of security. cellcontrol will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by cellcontrol or another party due to someone else using Your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
“obdEdge” and “cellcontrol” and the associated logos are trademarks of obdEdge, LLC, a Louisiana limited liability company (collectively, the “Marks”). The absence of a product or service name or logo belonging to obdEdge, LLC or anywhere in the text of this Site does not constitute a waiver of trademark or other intellectual property rights concerning that Mark. All other products and brand names are trademarks and/or registered trademarks of their respective companies. cellcontrol disclaims any and all rights in these marks.
Our Marks may not be used (i) to identify products or services that are not cellcontrol’s marks, (ii) in any manner likely to cause confusion, (iii) in or as a part of Your own trademarks, (iv) in a manner that implies that cellcontrol sponsors or endorses Your products or services or (v) in any manner that disparages or discredits cellcontrol.
No Unlawful or Prohibited Use
Redistribution or republication of any part of this Site or its content is prohibited, including such by framing or other similar or ay other means, without the express, written consent of cellcontrol. You may not create a link to any page of this Site without our prior, written consent. If You do create a link to a page of this Site, you do so at your own risk and the exclusions and limitations set forth herein will apply to Your use of this Site by linking to it.
You acknowledge that any violation of these Terms and Conditions or any use of this Site or the Resources in a manner inconsistent with these Terms and Conditions may cause cellcontrol or its affiliates and licensors immeasurable damages for which an adequate remedy at law may not be available. obdEdge shall, therefore, be entitled to injunctive and other equitable relief for the breach or threatened breach of these Terms and Conditions, without the requirement to post any security or bond. The rights and remedies under this paragraph shall be cumulative, and not in lieu of, any and all other rights of obdEdge, LLC d/b/a cellcontrol.
Links from this Site
From time to time, we may post links to third party web sites on this Site. We do not monitor or review the content of other party’s web sites which may be linked from this Site. Opinions expressed or material appearing on such web sites are not necessarily shared or endorsed by cellcontrol, and we should not be regarded as the publisher of such opinions or material. We encourage our users to be aware when they leave our Site and to read the privacy statements of these Sites. You should evaluate the trustworthiness or any other site connection to this Site or accessed through this Site yourself, before disclosing and personal information to them. Cellcontrol will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
We have several different e-mail addresses for different queries. These and other contact information can be found on our “Contact Us” link on this Site or via company literature of via the company’s stated facsimile and telephone numbers.
CELLCONTROL IS NOT A PARENTAL CONTROL OR CONTENT FILTER. cellcontrol is not responsible for, nor has any control over, the content of any data, voice or internet communications sent or received on any particular device.
SAFE DRIVING IS YOUR RESPONSIBILITY. The cellcontrol Service should not be viewed or considered as an assurance of personal safety. There are numerous manners in which a driver can be distracted that do not involve the use of cellular technology while driving. Furthermore, cellcontrol cannot prohibit tampering or disabling of the device (except to communicate notice where cellcontrol has actual notice that disabling or tampering has occurred). cellcontrol shall have no liability for the negligence of its users while driving, nor shall cellcontrol have any liability in failing to communicate instances where disabling has occurred, as there are a variety of factors beyond our control which could interfere with the electronic transmission or receipt of such notices. By using the cellcontrol Service, you specifically agree to the release and hold harmless provisions of this paragraph, and other terms or limitations contained in the cellcontrol Terms of Service and End User License Agreement (the “Service Agreement” or “EULA”).
cellcontrol Service Terms and Conditions
No functionality is represented or should be expected with respect to cellcontrol hardware and software without a paid subscription to the cellcontrol service (the “Service”), pursuant to a service plan. Receipt and/or utilization of the cellcontrol service is in all cases subject to the terms of the cellcontrol Service Agreement, a copy of which is available at www.cellcontrol.com/service.
The cellcontrol Service is accessed and enabled through a blue tooth connection to the hardware (OBDII device) installed in the vehicle. The Service may only be used with approved equipment and hardware. You acknowledge that certain ancillary equipment is necessary to access or utilize the Service. Specifically, utilization of the Service requires Bluetooth enabled cellular device with an approved platform (e.g. Blackberry); an automobile with a functioning and compliant on board diagnostic (OBD) port (most vehicles manufactured after 1996). Use of the Services also requires a personal computer with a functioning internet connection. Users are encouraged to review the summary of necessary Equipment and Hardware, as those terms are set forth in the Service Agreement. Additionally, in order to enforce and monitor driver policy, the enabled cellular device will communicate with cellcontrol’s servers via data or sms (text) transmissions. Thus, use of the cellcontrol Service may result in fees under your particular cellular plan for data and/or text transmission. Additional roaming charges may apply depending on the coverage area of your plan.Accordingly, all users should review and consult Your personal/business cellular plan before enabling the cellcontrol Service. cellcontrol shall have no responsibility for any cellular, data, roaming or like charges incurred under your wireless plan as a result of subscribing for and using the cellcontrol Service, and such charges, if incurred, shall be Your sole and exclusive responsibility.
Feedback and Information
Any feedback You provide at this Site shall be deemed to be non-confidential. cellcontrol and its affiliates shall be free to use such information for any purpose on an unrestricted basis.
Limitation of Liability
YOU AGREE THAT NEITHER CELLCONTROL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE, THE SITE CONTENT, THE MATERIALS, OR THE REMOTE MANAGEMENT CONSOLE OR WITH RESPECT TO THE INFORMATION, RESOURCES, CONTENT OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CELLCONTROL IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR VOICE TRANSMISSION, OR ANY DAMAGES RESULTING FROM THE FAILURE TO RECEIVE NOTICES OR COMMUNICATIONS AS A RESULT OF THE ENABLED POLICIES ON YOUR CELL CONTROL DEVICE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION WILL NOT APPLY TO YOU. IN NO EVENT SHALL CELL CONTROL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PURCHASING THE CELL CONTROL PRODUCT AND SUBSRIBING FOR THE CELLCONTROL SERVICE.
cellcontrol intends for the information and data contained in the Site to be accurate and reliable, however, since the information and data have been compiled by cellcontrol from a variety of sources, cellcontrol does not represent or guarantee the truthfulness, accuracy, reliability, completeness or timeliness of contents on the Site.
THIS SITE IS PROVIDED BY CELLCONTROL ON AN “AS IS” BASIS. CELLCONTRL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE REMOTE MANAGEMENT CONSOLE FEATURE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE, INCLUDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE, OR OTHER SITES HYPERLINKED TO THE SITE, OR A USER’S RELIANCE ON OR USE OF ANY INFORMATION OR TOOLS PROVIDED ON OR THROUGH THE SITE, OR ANY FAILURE OF PERFORMANCE CAUSED BY OR ARISING OUT OF USE OF OR ACCESS TO ANY CONTENT OR INFORMATION CONTAINED IN THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CELLCONTROL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FURTHER, CELLCONTROL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, THE REMOTE MANAGEMENT CONSOLE FEATURE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT CELLCONTROL) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. CELLCONTROL ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
Unsolicited Idea Submission Policy
cellcontrol or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when cellcontrol’s advertisements, products or marketing strategies might seem similar to ideas submitted to cellcontrol. If, despite our request that You not send us Your ideas and materials, You still send them, please understand that cellcontrol makes no assurances that Your ideas and materials will be treated as confidential or proprietary and all such ideas and materials are the property of obdEdge, LLC, its successors and/or assigns.
Applicable Law and Jurisdiction
Any failure of cellcontrol to insist upon strict performance of any provision of this or any Agreement between You and control or the failure to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by an authorized officer of cellcontrol.
BY USING THIS SITE, I REPRESENT THAT I HAVE READ, UNDERSTOOD, AND AGREE TO ALL OF THE TERMS AND CONDITIONS AS STATED ABOVE.
COPYRIGHT NOTICE. Copyright © 2015 - 2016 obdEdge, LLC., 7117 Florida Blvd., Baton Rouge, Louisiana 70806.
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