Route4Me Services Schedule
Route4Me Terms of Service and Privacy Policy
1. What the Agreement Covers
This is an Agreement (contract) between you (hereinafter referred to as “you” or “your” or “Customer”) and Route4Me, Inc. (hereinafter referred to as ‘R4M’, ‘we,’ ‘us’ or ‘our’). All of the software or services are referred to in this Agreement as the ‘Service.’ R4M provides no warranties for the Service. This Agreement limits our liability to you arising out of your use of the Service. You are hereby referred to and urged to carefully read the “No Warranty” and “Liability Limitation” sections of this Agreement.
2. Use of the Service
To use the Service you must register and provide verified credit card information for the appropriate payment for the level of Service you desire. In using the Service, you at all times agree that you will: a) Not use the Service for any unlawful purpose, or in any unlawful way; b) Comply with all codes of conduct or terms of use provisions we may from time to time require; c) Keep your Service account password secret; and d) Immediately notify us if you learn of a security breach related to the Service, or your use thereof.
3. Prohibited Uses of the Service
In using the Service, you at all times agree that you will not: a) Engage in, facilitate, further, aid or abet any unlawful conduct; b) Use the Service in a way that harms any third party; c) In any way use the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”); d) Use any automated process or service to access and/or use the Service (such as a BOT, a spider, periodic caching of information stored by R4M, or ‘meta-searching’); e) Use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service; f) In any way attempt to copy or “reverse engineer” the Service, or any part thereof; g) In any way damage, disable, overburden, or impair the Service (or the network(s) connected to the Service), or interfere with anyone’s use and enjoyment of the Service; and/or, h) Resell or redistribute the Service, or any part of the Service.
4. Your Responsibility for Your Route4Me Account
Only you may use your Service account. For some parts of the Service, we may allow you to set up additional member accounts or subsidiary accounts that are dependent on your account (an ‘associated account’). You are responsible for all activity that takes place with your Service account and/or all associated accounts. You may not authorize any third party to access and/or use the Service on your behalf except where we provide a mechanism for third parties to access the Service on your behalf.
5. Associated Accounts; Accounts From Third Parties
If you are the user of an associated account, the holder of the Service account has full control over your associated account. This includes the right to end the Service, close or alter your associated account at any time and, in some cases, request and receive machine and service use information related to your associated account. If a third party, such as an ISP, employer or school, gave you your account, the third party has rights to your account. The third party may manage your account, reset your password, or suspend or terminate your account; view your account’s usage and profile data, including how and when your account is used; and read or store the content in your account, including electronic communications, contact lists and other information.
6. Your Content
You may submit content, including, but not limited to addresses and/or routes, for use in connection with the Service. You understand and agree that we do not control or endorse the content that you and others use in conjunction with the Service. Except for material that we license to you, we do not claim ownership of the content you post or provide on the Service. You warrant that all content used by you in conjunction with the Service is content that you own, or that you have been granted the right to use by the owner of that content, or that the content is in the public domain, or available for use by the general public. You understand and agree that: a) Using or sharing content that violates any other party’s copyrights, or other intellectual property rights violates this Agreement; b) We are not required to, and will not, pay you for any use of your content. The Service includes, or may include, areas available to the general public, shared areas available to others you have selected, and private areas where you have not granted access to others. If you share content with others on, or by means of, the Service in either public or shared areas, or by any other means, then you understand and agree that others with whom you have shared content may use that content. R4M shall have a non-exclusive, world-wide, royalty-free right and license to access, analyze, monitor, track, aggregate, use, store, or share information obtained or processed through tools, including cookies, log files, device identifiers, location data and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) (“Data”) for R4M’s business purposes, which may include sharing with third-party business partners solely to enable the Service and/or to make the data compatible for the Service, to the extent needed to support and provide R4M’s Service during the term of this Agreement. R4M will make commercially reasonable efforts to anonymize Data while maintaining the information needed to support and provide R4M’s Service during the term of this agreement. Such data includes but is not limited to high-precision GPS data, sensor data, accelerometer data, OBD-derived vehicle data, bluetooth data, WiFi data, traffic data, or any other type of smartphone or machine originated data captured by R4M from you. Upon termination of this Agreement or termination of your account and use of the Service, R4M will permanently delete your Data from the production system, as described above, used by R4M to support and provide the Service.
7. Privacy Policy
In order to operate and provide the Service, we collect certain information about you regarding your use and access to the Service. We may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of R4M, our customers, or third parties, including the enforcement of our agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of R4M employees, customers or the public. The Service is a private computer network that R4M operates for the benefit of itself and its customers. R4M retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers or stop you from breaching this Agreement. The technology or other means we use may hinder or break your use of the Service. In order to provide you the Service and continue to improve the Service, we must collect certain information about Service performance. In such a case, R4M may aggregate, anonymize or otherwise strip any data of all personally identifying characteristics, and once such data has been aggregated, anonymized or stripped of personally identifying information by R4M, it shall be deemed “Usage Data”. Usage Data shall in all cases be the property of R4M and you shall not have any rights or interests in or to the Usage Data and understands that R4M may, in addition to any other rights, share, analyze, track, license, or exploit the Usage Data with third parties. In all cases and for the avoidance of doubt, Usage Data shall not contain or include any personal or sensitive information or any information which could be used to identify you. Additional information on R4M data policies and procedures may be found at https://route4me.com/tos, which R4M may update from time to time as set forth therein. R4M abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European Union.
8. Software
If you receive software from us as part of the Service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, or unless otherwise stated in this Agreement, then we grant you the right to use the software only for the authorized use of the Service on that number of computers stated in your Service offer. We reserve all other rights to the software. We may automatically check your version of the software. We may automatically download upgrades to the software to your computer to update, enhance and further develop the Service. Unless we notify you otherwise, your license to use the software will end on the date your Service ends, and you must promptly uninstall the software. We may disable the software after the date the Service ends. You will not disassemble, decompile, or reverse engineer any software included in the Service, except and only to the extent that the law expressly permits this activity. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or Service without U.S. government permission to anyone on U.S. government exclusion lists (see Commerce Department’s Lists to Check); the governments of Iran, Sudan, or Cuba; or prohibited members of the Cuban Communist Party. You represent and warrant that you are not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above.
9. Changes to the Agreement
R4M may update this Agreement from time to time. You can review the most current version of this Agreement at any time at https://route4me.com/tos. Your continued use of the Service constitutes your agreement to be bound by such changes to the Agreement. Your only remedy, if you do not accept the terms of this Agreement, is to discontinue use of the Service.
10. NO WARRANTY
We provide the Service 'as-is', 'with all faults' and 'as available.' We hereby notify you that we may rely on information provided by third parties to provide the Service. We do not guarantee the accuracy or timeliness of information provided by such third parties, or the information provided to you while using the Service. We and our affiliates, resellers, distributors and vendors (collectively, the 'R4M parties') give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this Agreement cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
11. LIABILITY LIMITATION
You can recover from the R4M parties only direct damages up to an amount equal to the lesser of amounts you have paid to us to use the Service, or an amount actually paid up to six month’s of fees for the level of Service to which you are subscribed from the date of the claim. You cannot recover any other damages, including consequential, business interruption, lost sales, lost profits, special, indirect, incidental or punitive damages. This limitation applies to anything related to: a) The Service; b) Content (including code) on third-party Internet sites, third-party programs or third-party conduct; c) Viruses or other disabling features that affect your access to or use of the Service; d) Incompatibility between the Service and other services, software and hardware, delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner; and, e) Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence or other tort. It also applies even if this remedy does not fully compensate you for any losses, or fails of its essential purpose; or if R4M knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
12. Changes to the Service; If We Cancel the Service; Pre-Release
You understand and agree that R4M may change the Service or delete features at any time and for any reason. Unless a long term contract is in place, either party may cancel or suspend your Service at any time. Cancellation or suspension may be without cause and/or without notice, however, R4M will at all times make commercially reasonable efforts to promptly notify you in the event of a cancellation or suspension. Upon Service cancellation, your right to use the Service stops right away. If the Service is cancelled or suspended for any reason, any data you have stored on the Service may not be retrieved later. Our cancellation of the Service will not alter your obligation to pay all charges made to your billing account. If we cancel the Service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your Service remaining right before the cancellation. A particular Service may be a pre-release version and may not work correctly, or in the way a final version might work. There may be interruptions or extended downtimes to the Service. We may significantly change the final version or decide not to release a final version at all, or at any time change or alter the Service provided, including add or remove features.
13. Interpreting the Agreement
All parts of this Agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this Agreement as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this Agreement will not change. This is the entire Agreement between you and us regarding your use of the Service. It supersedes any prior contract or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the Agreement do not limit the other terms of this contract.
14. Assignment
We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Service or any part of the Service.
15. No Third Party Beneficiaries
This Agreement is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
16. Claim Must Be Filed Within Six Months
Unless otherwise stated in this Agreement, any claim related to this Agreement or the Service may not be brought unless brought within six months. The six month period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors and assigns. It also applies to us and our successors and assigns.
17. Your Notices to Us
You may notify us as stated in the customer support or ‘help’ area for the Service. We are not required to accept e-mail notices.
18. Notices We Send You; Consent Regarding Electronic Information
This Agreement is in electronic form. We may from time to time send you certain information in connection with the Service. There may be other information regarding the Service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your Service. We may provide required information to you: a) By e-mail at the e-mail address you specified when you signed up for your Service; b) By access to a R4M web site that will be designated in an e-mail notice sent to you at the time the information is available; or c) By access to a R4M web site that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.
19. Contracting Party, Choice of Law and Location for Resolving Disputes
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CAMERA AND ASSOCIATED SURFSIGHT SOLUTION ARE A DRIVER AID ONLY. THEY ARE NOT A SUBSTITUTE FOR A SAFE, CONSCIENTIOUS DRIVER. THEY CANNOT COMPENSATE FOR A DRIVER THAT IS DISTRACTED, INATTENTIVE OR IMPAIRED BY FATIGUE, DRUGS OR ALCOHOL. WHETHER THE CAMERA IS IN USE OR NOT, THE DRIVER IS RESPONSIBLE TO AVOID A COLLISION. CUSTOMER SHOULD NEVER WAIT FOR THE CAMERA TO PROVIDE A WARNING BEFORE TAKING MEASURES TO AVOID AN ACCIDENT. FAILURE TO DO SO CAN RESULT IN SERIOUS PERSONAL INJURY OR DEATH OR SEVERE PROPERTY DAMAGE, AND COMPANY DISCLAIMS ANY AND ALL LIABILITY RELATING TO ANY SUCH ACTIONS. IN ADDITION, THE LIVE STREAM CAPABILITIES AVAILABLE WITH THE SOLUTION MAY HAVE A DELAY OF SEVERAL SECONDS. CUSTOMER ACKNOWLEDGES AND AGREES LIVE STREAM SHOULD NEVER BE USED TO ASSIST A DRIVER IN OPERATING THE VEHICLE AND CUSTOMER WILL REGULARLY WARN AND INSTRUCT ITS DRIVERS ON PROPER USE OF LIVE STREAM.
20. Copyrights, Trademarks, etc.
All contents of the Service, including, but not limited to the name Route4Me, the Route4Me trademark, and all content are owned by Route4Me, Inc., all rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. We own the title, copyright and other intellectual property rights associated with the Service.