COLLECTION OF INFORMATION RIGHTS
ikon Technologies and its affiliates provide technology, communication and marketing services to car dealership partners through a wireless/mobile network using GPS technology, cellular communications, emails, text messages and related services (collectively “Services”). In the process, ikon Technologies collects information that may include your vehicle’s location, travel direction, mileage and other related information ( “Vehicle Information”). By using or accessing any of the Services, you expressly agree to the collection, communication, logging, storing, sharing and utilization of your Vehicle Information by ikon Technologies and its dealership partners, including without limitation, for use in the marketing of products and services.
OPT-OUT & COMMUNICATIONS RIGHTS
RESTRICTION & TERMINATION RIGHTS
ikon Technologies reserves the right to cancel your account and/or restrict or terminate your access to the Services and/or Vehicle Information at any time if you are found not to be eligible, or if you violate or breach any of these terms. ikon Technologies’ also reserves a right to cancel or restrict access to the Services at its sole lawful, non-arbitrary, and reasonable discretion in the unlikely event of insolvency, force majeure, or Acts of God that fundamentally from any source interfere with, abuse, or render burdensome normal, proper, or lawful services or usage. In the unlikely event of a restriction or cancellation of an account or services, prepaid services will not be prorated or refunded.
TERMS & CONDITIONS AMENDMENT
ikon Technologies reserves the right to change or modify these terms and conditions at its lawful and non-abusive discretion. This may happen with or without prior notice to you and without ikon Technologies incurring any further obligations. Any and all changes and/or amendments will become binding terms when issued.
PROPERTY AND SYSTEMS
ikon Technologies shall always have the sole and exclusive authority and control over the design, construction, development, management, operation and maintenance of the ikon Technologies properties, including the Services and Vehicle Information. ikon Technologies has the unilateral right, without prior notice, to discontinue, add, adopt or change any ikon Technologies properties or methods of collection, maintenance, and support. The ikon Technologies name, and all trademarks and logos are owned or used under license by ikon Technologies. Unauthorized use of any trademark, service mark or copyright is strictly prohibited and remains the property of its legal owner.
COMPLIANCE WITH LAW & SAFETY PRACTICES
ikon Technologies and the customer agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to administration and use of the Services and/or Vehicle Information. When operating a vehicle, do not access accounts or check text messages or use any other communication devices. Let’s also be considerate and not use the Services or the Vehicle Information in a way that could cause damage or adversely affect any of our other customers or our reputation, networks, property, or Services, including your own.
LIMITED WARRANTY & DAMAGES LIMITATIONS
ikon Technologies makes no warranty that the Services are available at all times or
that the Vehicle Information is available or accurate at all times. Services (such as help with locating a stolen vehicle) may not be available unless each Service is properly activated. UNLESS EXPRESSLY STATED IN THIS NOTICE, IKON TECHNOLOGIES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ITS PRODUCTS OR SERVICES, OR THE NETWORK, AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE OR NON-INFRINGEMENT.
Further, ikon Technologies shall not be liable for any loss, injury or damage, of whatever kind or nature, resulting from or arising out of any mistakes, errors, omissions, delays or interruptions in the receipt, transmission or storage of any data, signals or information arising out of or in connection with the Services or Vehicle Information. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IKON TECHNOLOGIES SHALL NOT BE LIABLE FOR PUNITIVE, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF IKON TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER RESULTING FROM BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE.
Notwithstanding the foregoing disclaimers of liability, in the sole event that ikon Technologies may be held responsible to any person for any damages whatsoever, the amount of damages awarded shall be limited to actual damages. You consent to ikon Technologies’ claims of ownership and validity of its rights in or use of, including logging, collecting, sharing and storing the Vehicle Information.
By using or accessing the Services or Vehicle Information, you agree to defend, indemnify and hold ikon Technologies harmless from and against any and all liabilities, losses, damages and costs, including reasonable attorney’s fees and costs, resulting from, arising out of your (a) acts, errors, omissions or breach of any warranty, representation, covenant or agreement contained herein; (b) performance of any obligations or terms of service, hereunder; (c) negligence or willful misconduct including those by your authorized agents or others to whom you allowed access, (d) injury (including death) or property damage to you or to any person caused directly or indirectly by your acts or omissions. There will be no claim for consequential damages related to any delay in activating the Service or accessing the Vehicle Information.
In the event any dispute, claim or controversy, or actions in law or equity, arise from collection, logging, storing and sharing, or activations, terminations, account maintenance, billings, collections and support regarding the Vehicle Information, Services, or other properties of ikon Technologies (collectively a “Dispute”) shall arise between the parties, such Dispute shall first be attempted to be resolved through mutual good faith negotiation, and if not so resolved, then such Dispute shall second be submitted to formal mediation. If not resolved by mediation, then such Dispute settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall also be entitled to issue equitable relief. Each party to the arbitration shall bear its own costs, including reasonable and necessary attorney’s fees.