Flash Sticker Usage Agreement
By copying and using the FuelSurchargeIndex.org Flash sticker, you agree to the following terms and conditions:
ProMiles Software Development Corporation (PSDC) grants you the right to embed the FuelSurchargeIndex.org Flash Sticker(SOFTWARE) in the method provided, unaltered in code and appearance, on your Website(s).
YOU agree to display and use the SOFTWARE in a manner that is appropriate, legal, and not injurious to PSDC or its interests.
OWNERSHIP OF THE DATA and SOFTWARE
YOU acknowledge that PSDC owns the SOFTWARE, the data it uses and produces (DATA), as well as any other technological assets necessary for the functioning of the SOFTWARE. YOU agree not to transfer, republish, repurpose, resell, redistribute, reverse engineer, transmit, copy, scrape, modify, misrepresent or use the SOFTWARE and DATA, commercially or non-commercially, in any form except as explicitly stated in this agreement. Use or access to the DATA and SOFTWARE does not constitute a license to the SOFTWARE and DATA except as explicitly stated in this agreement.
RIGHT TO DENY ACCESS
PSDC reserves the right to deny YOU access to its SOFTWARE at its sole discretion for any reason and without notification.
RIGHT TO PURSUE LEGAL ACTION
PSDC reserves the right to prosecute YOU to the full extent of the law for using the SOFTWARE in a manner that is illegal, injurious to PSDC, or not explicitly outlined in the agreement. The right to pursue legal action includes the right to seek monetary damages for usage of the software that materially damages PSDC or its interests.
YOU agree that the SOFTWARE and all intellectual property rights to the SOFTWARE, including but not limited to U.S. and international copyrights, and the ProMiles trademark, are owned by PSDC.
PSDC strives to present the most accurate DATA possible. PSDC does not, however, provide any guarantee, express or implied, that the DATA or reports generated from the DATA are completely accurate, as explained in the DISCLAIMER OF WARRANTIES, section below.
YOU understand that your use of the SOFTWARE is at your own risk. YOU agree to hold PSDC, its affiliates, resellers, partners, officers, agents, and employees blameless for any set-back, damage, inconvenience, or other difficulty, financial or otherwise, that may arise from the use of its SOFTWARE.
DISCLAIMER OF WARRANTIES
YOU expressly understand and agree that:
a. YOU use the SOFTWARE at your sole risk. The SOFTWARE is provided on an "as is" and "as available" basis. PSDC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
b.PSDC makes no warranty that (i) the SOFTWARE Will meet your requirements, (ii) the SOFTWARE will be uninterrupted, timely, secure, or error free, (iii) the results that may be obtained from the use of the SOFTWARE will be accurate or reliable, (iv) the quality of the SOFTWARE will meet your expectations, and (v) any errors in the SOFTWARE will be corrected.
c.Any material downloaded, installed, or otherwise obtained through the SOFTWARE is is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system(s), damage to your network(s), or loss of data that results from the download or installation of any such material.
d. No advice or information, whether oral or written, obtained by YOU from PSDC shall create any warranty not expressly stated in this agreement.