These Terms of Use (“Terms of Use”) govern your access to and use of the website located at MoanaTransport.com and all services provided at or through such site (collectively, the “Service”), which together are a service of Moana Software Ltd. (“Moana Software”). By accessing, viewing or using the Service, you are agreeing to be bound by these Terms of Use. If you do not accept these Terms of Use, do not use this website or subscribe to the Service. Any new features or services, including, but not limited to, those that augment or enhance the Service, including the release of new tools and resources, shall be subject deemed to be “Services” hereunder and subject to these Terms of Use. Moana Software reserves the right to update and change the Terms of Use from time to time, and shall post any updated or changed Terms of Use to the website or will otherwise provide you with notice. Your use of the Service after any such changes are posted to the website shall constitute your consent to such changes, which shall be deemed to apply from the date of posting, unless you terminate your subscription or other use of the Service upon notification of the change or immediately after your next use of the Service, whichever occurs earlier. If you do not agree to the changes, you must immediately discontinue your access to and use of the Service. Your continued access to or use of the Service will constitute your agreement to be bound by such changes. Your access to and use of the Service is subject at all times to your compliance in full with these Terms of Use. Violation of any of the terms below may result in the termination of your Account in the sole and absolute discretion of Moana Software.

Account Terms

1. Accounts registered by automated methods are not permitted.
2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process, which information must be complete and accurate. If any of such information changes, you agree to promptly update your account with us.
3. You are solely responsible for maintaining the security of your account and password. Moana Software cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
4. You are responsible for all activity that occurs under your account (even if the activity is conducted by a user other than you under your account).
5. If we offer free or trial accounts, we may discontinue those accounts at any time. We will provide you with at least 30 days notice if we will discontinue your free account, so that you may have an opportunity to remove your data from the Service and terminate your use thereof. If you continue to use the Service thereafter, your account shall be automatically converted to a fee-based subscription and be subject to our standard fee structure, available on the website. Further, each customer may not maintain more than one free account. For this purpose, each member of an affiliated group of companies, and spouses shall be deemed one customer. If a customer maintains more than one account, each additional account shall be subject to our standard fee structure, available on the website.
6. You may not use the Service for any illegal or unauthorized purpose. You agree to not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
7. You are solely responsible for backing up all data and other information that you store on or provide through the Service. Further, you are solely responsible for ensuring that all data and other information that you store on or provide through the Service is accurate. Moana Software shall have no responsibility for lost, stolen, inaccurate or misleading data or other information stored on or provided through the Service.

Payment, Refunds

1. The Service is billed on a monthly basis in advance of the month in which the Services will be provided. All fees are non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
2. Your subscription will be automatically extended at the then-current subscription rate for successive renewal periods of the same duration of your subscription term until we receive notice from you of your intent to terminate the Services in accordance with these Terms of Use.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. A written request to cancel your account is considered cancellation.
2. ALL OF YOUR DATA WILL BE STORED ON THE SERVER FOR 5 YEARS AFTER CANCELLATION. After 5 years, your information cannot be recovered. If you wish to preserve any data or other information that you have stored on or provided through the Service, you must print or backup such data prior to such date.
3. Moana Software, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Moana Software service, at any time and for any reason or no reason, including, but not limited to, by reason of your nonpayment of any amount when due. Such suspension or termination of the Service may result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account.
4. Moana Software reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. Moana Software reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of the Service, including but not limited to monthly subscription plan fees to the Service, are subject to change. We will post all changes to our fee structure to the Service itself.
3. Moana Software shall not be liable to you or to any third party in the event or with respect to any modification, price change, suspension or discontinuance of the Service.

Copyright, Trademark, Data Ownership

1. Moana Software does not pre-screen data, but Moana Software and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any data that is available via the Service.
2. The content, look and feel of the Service is copyright ©2012 Moana Software Ltd., all rights reserved, and contains various trademarks of Moana Software. You may not duplicate, copy, or reuse any portion of the Service, including but not limited to HTML/CSS or visual design elements, or our trademarks, without express written permission from Moana Software.
3. All data that you store on or provide through the Service will, as between Moana Software and you, be owned solely by you.
4. If you have comments on the Service or ideas on how to improve it, please email us at help at MoanaTransport.com. Please note that by doing so, you also grant Moana Software and third parties permission to use and incorporate your ideas or comments into the Service (or third party software or content) without further compensation or approval.

General Conditions

1. You acknowledge and agree that Moana Software set the pricing for the Service in reliance upon the Terms of Use, including the various exclusions and limitations of warranties and liabilities. The Services would be priced substantially higher if the Terms of Use did not contain these exclusions and limitations. You therefore agree to assume all these risks. Moana Software is not an insurer. If you desire protection against business interruption or other risks of loss, you need to purchase insurance from an insurance company or other source.
2. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Moana Software provides no warranty, express or implied, including but not limited to the implied WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, WORKMANLIKE MANNER, or NONINFRINGEMENT.
3. While you may use certain of the information stored on or provided through the Service for purposes of evidencing your compliance with certain legal requirements (including, but not limited to, requirements of various State or Federal Departments of Transportation), the Service has not been designed to ensure compliance with any such laws, rules or regulations, and you bear the sole responsibility for understanding and ensuring that you comply with all applicable legal requirements and that the information that you store on or provide through the Service is appropriate and/or sufficient for such purposes. Further, you represent, warrant and covenant that you have and will at all times have all rights necessary to use the Service and store information on and provide information through the Service, including, but not limited to, the written consent of all drivers and other individuals with respect to whom information will be stored on the Service.
4. Moana Software does not warrant that (i) the Service complies or will comply with any legal requirements to which you may be subject or that the Service is structured such that the information you store on or provide through the Service will be appropriate or sufficient for evidencing your compliance with any particular law, rule or regulation; (ii) the Service will meet your specific requirements (including, but not limited to, any legal requirements); (iii) the Service will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Service will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; (vi) it will not lose or corrupt your data; and (vii) any errors in the Service will be corrected.
5. Moana Software provides technical support only to paying account holders and via only electronic means provided inside the application. We do not provide any on-site support.
6. You understand that Moana Software uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
7. You shall not modify, adapt, hack or reverse engineer the Service or modify another website so as to falsely imply that it is associated with the Service, Moana Software, or any other Moana Software service.
8. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Moana Software.
9. We may, but have no obligation to, remove data and other information as well as Accounts containing data or other information or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s rights or these Terms of Use.
10. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Moana Software customer, employee, member, or officer will result in immediate account termination.
11. You understand that the technical processing and transmission of the Service, including your data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
12. You shall not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
13. You shall not transmit any worms or viruses or any code of a malicious or destructive nature.
14. If your use of the Service negatively affects other customers of the Service (as determined solely by Moana Software) we reserve the right to immediately suspend or terminate your account or reduce your access without notice.
15. The Service and website may contain advertisements and links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to users of the Service. Such Linked Sites are not under Moana Software’s control, and Moana Software is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
16. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER MOANA SOFTWARE NOR ITS VENDORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRUCKINGOFFICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR LOSS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. WITHOUT LIMITING THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED ELSEWHERE IN THESE TERMS OF USE, IN NO EVENT SHALL MOANA SOFTWARE BE LIABLE FOR MORE THAN THE TOTAL FEES PAID BY YOU FOR THE SERVICES PROVIDED DURING THE MONTH IN WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED, SUCH AMOUNT BEING INTENDED TO BE A CUMULATIVE LIMIT AND NOT PER INCIDENT, AS YOU MAY TERMINATE THE SERVICE AT ANY TIME THAT SUCH LIMIT IS NOT ACCEPTABLE TO YOU.
18. The failure of either party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by such party. These Terms of Use constitutes the entire agreement between you and Moana Software and govern your use of the Service and supersedes any prior agreements between you and Moana Software (including, but not limited to, any prior versions of the Terms of Use).
19. You agree to indemnify and hold Moana Software and its affiliates and vendors harmless from and against any and all claims, demands, suits, proceedings, liabilities, damages, costs, expenses, awards and losses, including reasonable attorneys fees, suffered or incurred by Moana Software or any of its affiliates or vendors on account of any breach by you of any of the these Terms of Use or otherwise arising out of your use of the website or the Service.
20. In the event any provision of these Terms of Use is held invalid, illegal or unenforceable, the remainder of the provisions of these Terms of Use will in no way be affected, impaired or invalidated, and to the extent permitted by applicable law, any such provision shall be restricted in applicability or reformed to the minimum extent required for such provision to be enforceable.
21. These Terms of Use may be amended or modified only by Moana Software by posting the revised terms on the Service; oral and other statements by representatives or employees of Moana Software are not binding.
22. Moana Software has the right to make public references to you and to disclose in Moana Software’s website and promotional materials that it is providing the Services to you.
23. These Terms of Use and any other agreement with you shall be construed under the laws of Hungary, without regard to its principles of conflict of laws. Exclusive venue for any dispute between the parties arising under or relating to the Service, these agreements, the construction or any breach thereof, shall be in the courts located in Budapest, Hungary. You hereby waive any defense or challenge to that jurisdiction based on lack of personal jurisdiction, improper venue, or inconvenience of forum.
24. These Terms of Use, Privacy Policy, and Refund Policy shall inure to the benefit of and be binding upon each party and its respective heirs, successors and assigns.
25. If any provision of these Terms of Use is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and these Terms of Use shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof, and the unenforceable provision shall be automatically amended so as best to accomplish the objectives of such unenforceable provision within the limits of applicable law.
26. The website and the Service is controlled and operated by Moana Software from within the European Union. Moana Software makes no representations that materials contained on, within or through the website or the Service are appropriate or available for use in other locations, and access to and use of the website and the Service from locations where such activity is illegal is prohibited. Those who choose to access or use the website or Services from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
27. Waiver of Jury Trial. EACH OF THE PARTIES TO THESE TERMS OF USE WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY DISPUTE OF ANY NATURE WHATSOEVER THAT MAY ARISE BETWEEN THEM, INCLUDING, BUT NOT LIMITED TO, THOSE DISPUTES RELATING TO, OR INVOLVING IN ANY WAY, THE SERVICE, THE CONSTRUCTION, PERFORMANCE OR BREACH OF THESE TERMS OF USE OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, THE PROVISIONS OF ANY STATE OR LOCAL LAW, REGULATION OR ORDINANCE NOTWITHSTANDING.