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End User acknowledges and agrees that it is solely responsible for paying and reporting all federal, state and local sales or use taxes, however designated, levied or based (whether as sales, use, special levy, VAT, or otherwise) on account of the purchase of the Subscription, or use of the Service, by End User (exclusive of taxes based solely on net income derived by Risk)(herein, “Sales/Use Taxes”). End User agrees to hold Innova harmless from all claims and liability arising in connection with End User's failure to report or pay any Sales/Use Taxes. End User acknowledges and agrees that Innova may calculate and add to End User’s invoice(s) for each payment of the Subscription Price, such Sales/Use Taxes that Innova believes to be payable based on the information provided to Innova by End User. End User agrees to pay in full such Sales/Use Taxes shown on the invoice at the time End User pays the Subscription Price. End User acknowledges that Innova may withhold and pay (or may use a third-party provider(s) to calculate, withhold and pay) Sales/Use Taxes on End User’s account. If End User believes that End User is not obligated to pay any such Sales/Use Taxes, End User acknowledges and agrees that its sole recourse is to directly contact the relevant tax agency to request a refund or credit. End User shall indemnify Innova and hold Innova harmless from any costs, expenses or damages that may result from Innova’s calculation, withholding or payment of Sales/Use Taxes on End User’s account.
Innova provides the telematics solutions and services made available to you as INNOVA Fleet Services. The INNOVA Fleet Services includes full turnkey telematics solutions, Innova and its Affiliates provide proprietary technology platforms, advice and expertise to manage aspects of vehicle ownership and driver behavior, including:
If you do not agree to the terms of this Agreement, Innova and its Affiliates are unwilling to license the use of the Service or the Content to you. In that event, you may not use the Site or install, copy, download or otherwise use the App or the Content.
IF YOU ARE DISSATISFIED WITH INNOVA Fleet Services, YOUR SOLE REMEDY IS TO STOP USING INNOVA Fleet Services.
This website includes Content that is protected by copyright, which is and shall remain the property of Innova, or its Affiliates, as applicable. No Content may be duplicated, sold, distributed or utilized in any manner not expressly permitted herein without the prior written consent of Innova Electronics Corporation, or its Affiliates, as applicable. Parties interested in distributing or licensing the Service or Content for other uses should contact Innova. This Agreement applies to any products or services provided as INNOVA Fleet Services or through InnovaFleetServices.com by Innova and its Affiliates.
BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE PRODUCT OR THE APP, YOU ELECTRONICALLY AGREE ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (IF APPLICABLE) THAT YOU AND SUCH ENTITY ARE LEGALLY BOUND BY, AND YOU ARE BECOMING A PARTY TO, THIS AGREEMENT AS END USER. YOU ALSO AGREE TO RECEIVE REQUIRED NOTICES, TERMS AND INFORMATION FROM INNOVA Fleet Services ELECTRONICALLY.
The INNOVA Fleet Services Site and the Service also contains or provides Content supplied, and owned, by Innova or its Affiliates. Innova or its authorized reseller has sold you the wireless Device that enables you to access the Site and use the Service and the Content. Innova provides access to the CarMD® SDK of real-life repairs and “check engine” data as well as certain other proprietary information and technology. You acknowledge and agree that if you have a separate agreement or agreements with Innova relating to your purchase and use of the Device, that this Agreement does not modify or amend any such Device related agreement.
All Site Content is for informational purposes only. The Content is not intended to be a substitute for advice, diagnosis or repair by a qualified professional technician. Always seek the advice of your personal mechanic, dealership or an ASE Certified automotive technician with any questions you may have regarding vehicle maintenance or concerns.
INNOVA Fleet Services and Content made available through the Site are meant to provide a basic overview of probable causes related to electronic and emissions-related systems in your vehicle. Probable cause(s) and probable fix(es) are based on years of historical data compiled by ASE Certified Master Technicians. They may be organized from most probable to least probable. Cost estimates may be provided and are based on parts and labor costs broken down by U.S. region. Cost estimates associated with the probable fixes/solutions generally do not include the diagnostic time, which will vary from one repair shop to another.
It is recommended that you not make repairs, nor avoid service recommended by a qualified technician, solely because of something you read on the INNOVA Fleet Services Site or a diagnostic trouble code (DTC) you received from any INNOVA Fleet Services tool. This Service should be used as a supplement to a regular automotive maintenance program, which also includes basic mechanical upkeep such as regularly checking your tire pressure, brake pads, belts, oil, fluids, etc.
If you have an automotive emergency, safely pull to the side of the road and call a qualified roadside maintenance service.
INNOVA Fleet Services is not meant to supplement – not replace – a regular scheduled vehicle maintenance program. Always seek the advice of your own mechanic, dealership or an ASE Certified automotive technician with any questions you have regarding vehicle maintenance.
Subject to your compliance with the terms and conditions of this Agreement, and the terms and conditions associated with your use of INNOVA Fleet Services, Innova Electronics Corporation (Innova) hereby grants you a conditional, limited, personal, non-exclusive, and non-transferable license to access the Web Site and to use the Service and Content as defined below. A single registered copy of Content may be installed on a single mobile device or on a single computer. THIS IS NOT A CONCURRENT USE LICENSE. You may not share any login information or access credentials to any third party.
You may not: (i) modify or create any derivative works of Content; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to (a) derive the source code, underlying ideas, algorithms, structure or organization of Content, (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Content (except to the extent applicable laws specifically prohibit such restriction), or (c) retrieve, compile, or mine data associated with the Content and which is not presented to you as End User during the normal course of operation and use of the Service; (iii) attempt to access or use the premium features of the Service if you have not paid the applicable fees, or by any manner or method other than using the license key for INNOVA Fleet Services provided by Innova; (iv) redistribute, encumber, pledge, sell, assign, rent, lease, sublicense, or otherwise transfer any Content or rights thereto, including any registration codes and license keys; (v) use the Service or Content in a timesharing, service bureau, application service provider, or similar business arrangement; or (vi) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Content. The INNOVA Fleet Services-produced skins that are provided with the Service may only be used with INNOVA Fleet Services and may not be used with any other software or other third-party product or service.
You agree to use the Service, any mobile device, and any vehicle related thereto in which the Service is installed or used in accordance with all Federal, State and local laws. You are strictly responsible for knowing and understanding the relevant Federal, State and local laws that apply to your personal use of the Service.
If you breach this Agreement, your right to use the Service and Content shall terminate immediately and without notice. The respective rights and obligations of Innova including its Affiliates, and you under the provisions of Sections 2 ("Restrictions on Use"), 3 (“Restrictions of Mobile Device Usage”), 4 ("Termination"), 5 ("Proprietary Rights"), 6 ("Indemnification"), 8 ("Limitation of Liability") and 11 ("Miscellaneous") shall survive expiration or termination of this Agreement and you agree to continue to be bound by those terms. Upon termination, you shall destroy all copies of the any Content you may have in your possession.
Title, ownership rights, and intellectual property rights in the Content shall remain in Innova and/or its Affiliates, licensors and suppliers. You acknowledge their ownership of such intellectual property rights and you agree that you will not take any action to jeopardize, limit or interfere in any manner with Innova’s, or its Affiliates’, licensors' or other suppliers' ownership of intellectual property rights with respect to the Service and Content. The Content is protected by patents, copyrights and other intellectual property laws and by international treaties. All trademarks and service marks (herein, collectively “trademarks”) used in connection with the Service are owned by Innova, or its Affiliates, and no license to use any such trademark is provided hereunder. You agree that Innova may use in any manner and without limitation all comments, suggestions, complaints and other feedback you as End User provides relating to the Service.
INNOVA AND ITS AFFILIATES RESERVE THE RIGHT TO ANONYMOUSLY TRACK AND TO REPORT YOUR ACTIVITY WITH REGARD TO THE SERVICE, THE OPERATING ENVIRONMENT USED, AND VEHICLE STATISTICS. YOU HEREBY CONSENT TO SUCH TRACKING AND REPORTING.
This data will be collected anonymously, and used to modify, improve, and support future versions of the Service and related services.
You agree to indemnify, hold harmless, and at Innova’s request, to defend Innova, and its Affiliates from any and all costs, damages and reasonable attorneys' fees resulting from any breach by you of this Agreement or claim that your use of the Service or Content has injured or otherwise violated any right of any third party or violates any law.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INNOVA, ITS AFFILIATES, LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SERVICE OR ANY CONTENT IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS IN THE SERVICE OR CONTENT WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, INNOVA., AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INNOVA OR ANY AUTHORIZED REPRESENTATIVE OF INNOVA, OR ANY OF ITS AFFILIATES, LICENSORS OR SUPPLIERS, OR ANY INNOVA Fleet Services CONTENT SHALL CREATE ANY WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY, THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. INNOVA AND ITS AFFILIATES DISCLAIM LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICE. YOU BEAR THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE AND ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SERVICE OR ANY CONTENT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Innova and its Affiliates do not warrant that the use of the Service or Site will be uninterrupted or error free. Innova and its Affiliates make no warranty as to the results, if any, to be obtained from use of the Service or the Site including any Content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INNOVA OR ITS AFFILIATES BE LIABLE FOR ANY CLAIMS OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, MOBILE DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, INNOVA, AND ITS AFFILIATES’ ENTIRE COLLECTIVE LIABILITY UNDER ANY TERMS OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE CONTENT OR PROVISION OF A REASONABLY SIMILAR SERVICE, AS DETERMINED AT RISK TECHNOLOGY, INC.'S SOLE DISCRETION, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF INNOVA OR ITS AFFILIATES, BUT THEN SOLELY TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ADDITIONALLY, INNOVA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF: (i) CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH OR USED WITH THE SERVICE AND/OR ANY MATERIAL LINKED THROUGH ANY CONTENT; (ii) THE USE OR OPERATION OF A DONGLE OR OTHER DEVICE TO ACCESS, RETRIEVE, OR COMMUNICATE INFORMATION BETWEEN THE VEHICLE AND THE INNOVA Fleet Services WEBSITE; OR (iii) THE USE OF PLUG-INS OR SKINS DEVELOPED BY THIRD PARTIES AND MADE AVAILABLE ON THE INNOVA Fleet Services WEBSITE FOR USE WITH THE SERVICE; OR (iv) ANY DAMAGE CAUSED BY IMPROPER OR IMPRUDENT USE OF THE SERVICE, ANY DEVICE FOR PROVIDING THE SERVICE OR ANY CONTENT, INCLUDING USE WHILE DRIVING; OR (v) INTERFERENCE OR DAMAGE TO YOUR WIRELESS DEVICES OR ANY OTHER WIRELESS DEVICES OPERATING IN CLOSE PROXIMITY TO YOU.
The Service provides access to features and functionality that may use the data connection of your computer or mobile device. Depending on your mobile data plan, you may be charged for data use by your mobile device carrier. While many mobile devices automatically disable data usage when roaming (using your mobile device outside your country or covered area of your carrier) or in other situations, if the data connection is active and you use the Service, it may result in even higher charges. Innova and its Affiliates are in no way responsible or liable for any and all charges you receive from your data plan provider by using the Service.
You acknowledge and agree that, notwithstanding any other provisions of this Agreement, any breach or threatened breach of this Agreement by you shall cause Innova or its Affiliates irreparable damage for which recovery of monetary damages would be inadequate and that Innova or its Affiliates therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of Innova. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this Agreement should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect, or Innova may at its option instead terminate this Agreement. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. Innova may assign this Agreement to any entity at its sole discretion. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. This Agreement is the complete statement of the agreement and supersedes any proposal or prior communications between Innova or any of its Affiliates, and you relating to the subject matter of this Agreement, and this Agreement may only be modified by a written amendment signed by an authorized executive of Innova.
Patents owned by Innova, which may be used in connection with INNOVA Fleet Services are listed at www.innova.com/patents. Except as specifically provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise the granting of any license or right under any patent, copyright or trademark of Innova or any of its Affiliates.
Innova reserves the right in its sole discretion to either modify or discontinue the Service, including any Content, at any time with or without notice to you. We shall not be liable to you or any third party should Innova exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, and the manner of providing or operating the Service. Any new features that supplement, enhance or otherwise change the then current Service, and your use thereof, shall also be subject to this Agreement.
You understand and agree that interruptions of the Service may occur as normal events. You further understand and agree that Innova and its Affiliates have no control over third-party networks you may access or be required to access in the course of your use of the Service, and therefore, delays and disruption of or by other network transmissions are completely beyond our control.
You understand and agree that the Service, the App and the Content are provided “AS IS” and that Innova assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
All content, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, on the INNOVA Fleet Services website are , or Copyright© 2013-2015 Innova Electronics Corporation 17352 Von Karman Avenue, Irvine, CA 92614 All rights reserved, or Copyright ©2015 Risk Technology, Inc., 1452 Hughes Road Suite 200 Grapevine, TX 76051; All rights reserved, or otherwise owned by Innova’s Affiliates and protected under applicable laws. Copyright and other intellectual property laws and treaties protect any hardware and software or content provided as part of the Service. Innova and/or its Affiliates own the title, copyright, and other intellectual property rights in the Content. The INNOVA Fleet Services logo is a registered trademark of Innova Electronics Corporation in the United States and elsewhere. Other names of companies and products mentioned herein may be registered trademarks of their respective owners. Any rights not expressly granted herein are reserved. Certain software used in the INNOVA Fleet Services Product is licensed from third parties and may be protected by other patent or copyright laws.
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