Terms Of Use

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://intellitank.info Website, Intellitank Dashboard and the Intellitank Driver App mobile application (the “Service”) operated by Intellitank LLC.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms, therefore establishing a contractual relationship with Intellitank. If you disagree with any part of the terms then you may not access the Service.

Our collection and use of personal information in connection with our Service is set form in our Privacy Policy.

DISCLAIMER

All information provided on the Service is subject to change without notice or liability. While efforts have been made to make the Service helpful and accurate, due to the need to obtain considerable amounts of information from third parties and the potential for errors in the storage and transmission of digital information, Intellitank LLC. does not warrant the accuracy or completeness of information obtained from the Service.

ALL MATERIALS POSTED ON THE THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED INTELLITANK LLC, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. INTELLITANK LLC. DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INTELLITANK LLC. DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

INTELLECTUAL PROPERTY

The service contains trademarks and service marks owned by Intellitank LLC. and certain third parties. All marks are the property of their respective owners. The service, including all the information contained herein, is protected by copyright law. All rights in the Intellectual Property contained in the service including copyright, trademarks, trade secret and patent rights, whether or not protected by federal or state registrations, are reserved. Access to the service does not constitute a right to use any of the Intellectual Property of Intellitank LLC. or its third party the service content suppliers. You agree that any copy of the content of the the service must include Intellitank LLC. copyright notice and shall be for your private use only. No other permission is granted to you as the service user or visitors to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on the service. Statutory notice contained herein represents Intellectual Property status in the United States.

CHANGES & RESTRICTIONS TO ACCESS

Intellitank LLC. reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms at any time, and from time to time. Any changes to these Terms will be posted on the service. Your continued use of the service after such posting will be considered evidence of your acceptance of such change, modification, addition or deletion.

Also, Intellitank LLC. reserves the right to change, modify, add or remove all or any portion of its service at any time and from time to time. Intellitank LLC. may also impose limits, restrictions, or termination on your access to all or part of the service without notice or liability.

ACCESS AND USE OF INFORMATION REGULATION

Intellitank LLC. hereby grants you a non-exclusive, non-transferable, limited right to access, use and display the service and the materials thereon.  In the case of any violation of these rules and regulations, Intellitank LLC. reserves the right to seek all remedies available by law and in equity for such violations. The following rules and regulations apply to all visits to the service, as of today and in the future.

(A) Eligibility Requirements: To register your company, and/or users for using the service, you must: (A) be an employee designated by your company to register for the service, (B) agree to these Terms, and (C) complete the registration procedure.  By registering for the service, you represent and warrant that you are eligible to register as specified herein, and that the information that you include as part of the registration process is truthful, complete, and accurate.

(B) Email address and Password.  In connection with your registration, you will receive an password. After, the change from password to your personal password, you are responsible for keeping your email address and password confidential and for all activity that occurs on the service through your account.  You agree not to disclose your username and password to any unauthorized person, and you agree to notify Intellitank LLC. immediately of any actual or suspected unauthorized use of your account. Intellitank LLC. will not be responsible for any damage or loss caused by failure to comply with this paragraph.

(C) Use of the service. You may only use the service in accordance with these Terms, any posted policies and procedures that appear on the service, and for lawful purposes.  You agree NOT to use the service to: (1) post or transmit any material that breaches or misuses any third party’s copyright, trademark, trade secret, patent, or other proprietary rights, (2) attempt to gain unauthorized access to  the service, other accounts, computer systems or networks connected to the service through login password mining or any other means, (3) circulate computer viruses, worms, or software intended to damage or amend a computer system without the owner’s consent, (4) use “autoresponders,” “cancel-bots,” or other similar mechanisms that generate excessive network traffic, or (5) post or send any illegal, harmful, insulting, pornographic, obscene, indecent or otherwise objectionable material.

LIMITATION OF LIABILITY

In no event will Intellitank LLC. be liable for direct, indirect, incidental, punitive or consequential damages (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use of or inability to use the service, whether based on contract, tort or other legal theory, and regardless of whether Intellitank LLC. knew or was advised of the possibility of such damages. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold Intellitank LLC., its partners, employees, and agents harmless from any and all losses, liabilities, damages and/or costs (including reasonable attorneys’ fees) arising from any third-party claims arising from or related to your use of the service or your violation of the Terms.

GOVERNING LAW; LIMITATIONS

The service is controlled, operated and administered by Intellitank LLC. from its office within the United States of America. You may not use the service or export products or information in violation of U.S. export laws and regulations. If you access the the service from a location outside of the United States of America, you are responsible for compliance with all laws of the country where you reside.

HYPERTEXT LINKS

The service may be linked to other websites / mobile applications which are owned, operated and maintained by other entities. When you click on these links you will leave the service. Visiting these linked websites / mobile applications is on your own risk and responsibility. Take protective necessary measures to guard against viruses or other destructive elements which may be present at such linked websites / mobile applications. INTELLITANK LLC. DISCLAIMS ANY LIABILITY FOR LINKS: (I) FROM ANOTHER WEBSITE / MOBILE APPLICATION TO INTELLITANK WEBSITE / MOBILE APPLICATION; AND (II) TO ANOTHER WEBSITE / MOBILE APPLICATION FROM INTELLITANK WEBSITE / MOBILE APPLICATION. Intellitank LLC. is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites.

DISCLOSURE; FORWARD-LOOKING STATEMENTS

Some of the information on the service may contain projections or other forward-looking statements regarding future events or the future financial performance of Intellitank LLC.. We want to make you aware that these statements are only predictions and that actual events or results may differ materially.

LOCK OR TERMINATION

Intellitank LLC. may suspend (Lock) or terminate your access to the service without prior notice, if you engage in any conduct that Intellitank LLC. believes, in its sole discretion: (a) violates any provision of the Terms; (b) violates the rights of Intellitank LLC. or third parties; (c)  violates the terms of payment, set in the SaaS; or (d) is otherwise inappropriate. Termination will follow after 2 (two) suspensions. Upon termination of your employment with the company in connection with whom you registered for the service, you agree not to use the Email address or Password that is assigned to you.

DISPUTE RESOLUTION

These Terms constitute the entire agreement between Intellitank LLC. and you with respect to your use of the service. Any cause of action you may have with respect to your use of the service must be commenced within one (1) year after the cause of action arises. Any such action shall be brought in a court of competent jurisdiction in the State of Tennessee. If for any reason a court of competent jurisdiction finds any provision of these Terms or a portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

CONTACT

Should you have other questions or concerns about these Terms, please send us an email at support@tankintel.com