Terms of Service - Last modified: November 28, 2011
Road Hero offers products and services that include mobile applications, Road Hero-branded websites and other products or services that we may offer from time to time in connection with our business. These products and services, including all resources, forums, applications and other features and functionality offered via such products and services (but excluding any products or services provided to you by Road Hero under a separate written agreement) are referred to collectively as the "Road Hero Services". "Road Hero", "we" or "us" means Road Hero, Inc.
This Agreement applies to all users of Road Hero Services, whether you have registered with Road Hero or whether you use Road Hero Services without being registered. When this Agreement refers to "you" or a "User", it applies to you if you use Road Hero Services, regardless of whether you have registered with Road Hero.
- Acceptance of the Agreement
- It is important that you read this Agreement carefully, as it governs your use of the Road Hero Services. By using Road Hero Services you acknowledge and agree that you have read, understood and accept the terms of the Agreement.
- If you do not agree to (or cannot comply with) to any term of this Agreement, then you should discontinue your use of the Road Hero Services immediately, as Road Hero permits you to use Road Hero Services only upon the condition that you accept all of the terms contained in the Agreement.
- You may not use the Road Hero Services and may not accept the terms of the Agreement if you are not of legal age to form a binding contract with Road Hero, or if you are barred from receiving the Road Hero Services under applicable laws.
- Changes to the Agreement Road Hero may change this Agreement from time to time. Such changes will become effective immediately upon posting on our website, and you agree that Road Hero has no obligation to provide you with any other notice.
- Provision of the Road Hero Services
- We may provide Road Hero Services through subsidiaries and affiliated legal entities or through third party vendors, service providers and suppliers. You agree that these entities are entitled to provide Road Hero Services to you.
- Road Hero is constantly innovating and changing the Road Hero Services as we deem appropriate. You agree that Road Hero may change the Road Hero Services, or may stop (permanently or temporarily) providing a Road Hero Service or any portion of a Road Hero Service to you or to Users generally, in each case at any time, for any reason, and without notice to you.
- Registration and Account Security
- In order to access or continue to access some Road Hero Services, you will have to register with Road Hero.
- You agree you will only register a vehicle license plate with Road Hero if you are the registered owner of the vehicle or if you are an operator of the vehicle and do so with the express permission of the registered owner of the vehicle.
- You agree that you will not use the Road Hero Services if you are under 13 years old.
- If any account you use to access a Road Hero Service requires a username and/or password, you are solely responsible for maintaining the confidentiality of that username or password. If you become aware of any unauthorized use of your username, password or account, you agree to notify Road Hero immediately at info@RoadHero.org.
- You are solely responsible to Road Hero for all activities that occur under your registered account.
- You understand that all content (such as audio files, written text or images) which you have access to as part of, or through your use of the Road Hero Services, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. All such information is referred to as "Content".
- You should be aware that Content presented to you as part of the Road Hero Services may be protected by intellectual property rights. Unless you have been specifically told that you may do so by Road Hero or by the owners of that Content in a separate agreement, you may use such Content only in the context of the Road Hero Service with which it is presented and may not otherwise use such Content or modify, rent, lease, loan, sell, distribute or create derivative works based on such Content.
- Road Hero does not control Content that is submitted, posted or displayed in connection with the Road Hero Services and therefore does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Road Hero Services, you may be exposed to Content that is offensive, indecent or objectionable. Road Hero does not plan to pre-screen Content for appropriateness, but Road Hero reserves the right to pre-screen, filter, modify, refuse, or remove any or all Content from any Road HeroService. You agree that you must evaluate, and bear all risks associated with, your use of any Content.
- Content is provided to you "as is" for your personal use only, and may not be used, downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any commercial purposes or any other purposes whatsoever except as expressly permitted under this Agreement or with the prior written consent of Road Hero or the respective Content owner. For example, if you are or represent an insurance company you may not use Content to evaluate the driving record associated with a license plate for purposes of pricing or issuing an insurance policy except with the prior written consent of Road Hero.
- Content that You Submit.
- You may be able to submit, post or display Content in connection with the Road Hero Services by posting information that you generate when you flag vehicle license plates, by posting comments, messages or other or by chatting or engaging in other forms of communication through the Road Hero Services. This Content submitted, posted or displayed by you or other users (excluding Registration Data) is referred to as "User Generated Submissions".
- You may also use a Road Hero Service to submit, post or display Content that is not generated by you but is selected by you from a menu of Content options generated by the Road Hero Service, such as selecting among descriptions of various driving activities. The Content used for these submissions, posts or displays is the copyrighted work of Road Hero or its licensors. These submissions, posts or displays by you are referred to as "User Selected Submissions", and together with User Generated Submissions is referred to as "User Submissions".
- User Selected Submissions, including all intellectual property rights therein, are the property of Road Hero without any compensation or obligation to you. By submitting, posting or displaying User Generated Submissions on or through the Road Hero Services, to the extent you have intellectual property rights in such User Generated Submissions you grant Road Hero and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable and transferable license under such intellectual property rights to use, reproduce, modify, create derivative works of, distribute, display and perform such User Generated Submissions for any purpose. You also permit any User to use your User Generated Submissions as contemplated by the Road Hero Service with respect to which it was submitted, posted or displayed. Subject to the foregoing, you retain all intellectual property rights you may have in User Generated Submissions. If you do not wish to grant to Road Hero the foregoing rights, do not submit, post or display User Submissions on or through the Road Hero Services.
- You hereby appoint us as your agent with full power to execute and enter into any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.
- To the extent any "moral rights", "ancillary rights" or similar rights in or to your User Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us and to procure the same agreement not to enforce from any others who may possess such rights.
- You understand that User Submissions may be published through the Road Hero Services, and that Road Hero does not guarantee the confidentiality of your User Submissions. You agree that you are solely responsible for your own User Submissions and the consequences of submitting, posting or displaying them.
- You affirm, represent and warrant that:
- your User Submissions will be in compliance with the terms of this Agreement;
- your User Generated Submissions will not infringe or violate the rights of any other party or any laws;
- you own or have all the necessary licenses, rights, consents and permissions to enable inclusion of the User Generated Submissions in the manner contemplated by the Road Hero Services and to grant the rights granted to Road Hero under this Agreement.
- We appreciate your feedback or other suggestions about Road Hero, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- You hereby agree that Road Hero is not obliged to include your User Submissions as part of the Road Hero Services, and may delete them at any time for any reason.
- Other Restrictions on Use of the Road Hero Services
You agree that you will not do any of the following:
- impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
- post Content or otherwise use the Road Hero Services in a manner that is misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, of a "spamming" nature, hateful, or racially, ethnically or otherwise objectionable;
- bully, intimidate, "stalk" or otherwise harass another;
- access or use any account belonging to someone else;
- engage in any activity that could interfere with or disrupts the Road Hero Services (or the servers or networks which are connected to the Road Hero Services);
- upload viruses or other malicious code;
- attempt to override or circumvent any of the usage rules or security features embedded into the Road Hero Services;
- violate or facilitate or encourage any violation of this Agreement or any applicable local, state, national or international law or regulation;
- post any Content that infringes or violates any right of a third party, including (1) any patent, trademark, trade secret, copyright or other proprietary rights; (2) rights of privacy (specifically you must not distribute another person's personal information of any kind without their express permission); or (3) any confidentiality obligations or other rights arising from contractual or fiduciary relationships;
- use , reproduce, modify, distribute, resell or otherwise exploit the Road Hero Services or any portion thereof, including any Content, for any commercial use;
- collect or harvest any User Submissions or User information, including account names, from the Road Hero Services;
- access or use the Road Hero Services for commercial purposes or solicit any other Users for any commercial purposes; or
- access the Road Hero Services through any automated means (such as harvesting bots, robots, spiders or scrapers) without our permission.
- International Use.
- We make no representation that the Road Hero Services or the Content are appropriate or available for use in any particular location. Those who access the Road Hero Services do so of their own initiative, and are responsible for compliance with all applicable laws including local rules regarding online conduct and acceptable content.
- You agree by using the Road Hero Services that: (i) you do not reside in a country subject to embargo or export controls by the U.S. Government; (ii) you are not on the List of Denied Persons as published by the U.S. government; and (iii) you will not use the Road Hero Services for any illegal purpose. Because the Road Hero Services, and related technical data are subject to U.S. export controls, you agree that you shall not upload, export or "re-export" (transfer) the Road Hero Services unless you have complied with all applicable U.S. export controls.
- You consent to having your personal data transferred to and processed in the United States or in other countries outside of your home country.
- Indemnity. You agree to indemnify and hold Road Hero and its subsidiaries, affiliates, officers, directors, agents, employees, partners, independent contractors, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your User Submissions, your use of the Road Hero Services, your connection to the Road Hero Services, your violation of this Agreement, or your violation of any rights of another person or entity.
- Disclaimer of Warranties and Damages.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE Road Hero SERVICES IS AT YOUR SOLE RISK AND THAT THE Road Hero SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
- IN PARTICULAR, Road Hero DOES NOT REPRESENT OR WARRANT THAT:
- THE Road Hero SERVICES WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE Road Hero SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- THE RESULTS THAT YOU MAY OBTAIN FROM THE USE OF THE Road Hero SERVICES WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Road Hero SERVICES WILL MEET YOUR EXPECTATIONS; OR
- ANY ERRORS IN THE Road Hero SERVICES WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Road Hero SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER CAUSED BY VIRUS OR OTHERWISE.
- THE Road Hero SERVICES MAY CONTAIN THE OPINIONS AND VIEWS OF OUR USERS. GIVEN THE INTERACTIVE NATURE OF THE Road Hero SERVICES, WE CANNOT ENDORSE, GUARANTEE OR BE RESPONSIBLE FOR THE ACCURACY, VERACITY OR EFFICACY OF ANY USER SUBMISSIONS.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Road Hero OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- THE Road Hero SERVICES INVOLVE PROVIDING FEEDBACK WITH RESPECT TO OBSERVATIONS MADE OF OTHERS WHO ARE DRIVING VEHICLES. AS THESE OBSERVATIONS MAY BE MADE WHILE YOU ARE DRIVING, WE URGE YOU TO USE EXTREME CAUTION AND TO COMPLY WITH ALL APPLICABLE LAWS WHEN USING THE Road Hero SERVICES. THE Road Hero SERVICES ENABLE YOU TO PROVIDE FEEDBACK THROUGH HANDS-FREE METHODS, HOWEVER THERE IS NO GUARANTEE THAT SUCH METHODS ARE SAFE UNDER THE CIRCUMSTANCES OR ARE IN COMPLIANCE WITH LOCAL LAWS. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU USE THE Road Hero SERVICES IN A SAFE MANNER AND IN COMPLIANCE WITH ALL APPLICABLE LAWS. Road Hero TAKES NO RESPONSIBILITY FOR YOUR USE OF THE Road Hero SERVICES WHILE OPERATING A VEHICLE.
- Road Hero FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATIONS OF LIABILITY.
- Road Hero SHALL NOT BE LIABLE TO YOU FOR ANY 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 Road Hero HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, Road Hero'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID US, IF ANY, FOR ACCESSING OR USING THE Road Hero SERVICES.
- EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, Road Hero SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW AND IN EQUITY BY APPLICABLE LAW IN THAT PARTICULAR CIRCUMSTANCE.
- Third Party Websites or Resources.
- The Road Hero Services may contain, or User Submissions or other Content may contain, links to other websites, applications or resources or such websites, applications or resources may be otherwise accessible through the Road Hero Services.
- You acknowledge that these other websites, applications or resources are not controlled by us, different terms of service and privacy policies may apply, and we are not responsible for any such third party websites, applications or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such third party web sites, applications or resources.
- You acknowledge and agree that Road Hero is not liable for any damage or loss that may be incurred by you in connection with your use of any such website, application or resource.
- Proprietary Rights.
- All right, title, and interest in and to the Road Hero Services and the Content remains the property of Road Hero or its licensors.
- Road Hero grants you a personal, non-transferable and non-exclusive right to use the Road Hero Services and the Content solely for your own personal and as contemplated and permitted by the Road Hero Services and this Agreement.
- You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make the Road Hero Services or the Content available to any third party; (ii) modify or make derivative works based upon the Road Hero Services or the Content; or (iii) attempt to reverse compile or otherwise reverse engineer any software used in providing the Road Hero Services.
- You agree not to access the Road Hero Services by any means other than those provided by Road Hero for use in accessing the Road Hero Services.
- You agree that you will not remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Road Hero Services or the Content.
- You cannot use any of the trademarks or protected copyright materials found on and within the Road Hero Services or the Content except in accordance with applicable law and as expressly permitted herein or with prior written permission of the owner. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil or criminal statutes. Nothing contained in the Road Hero Services or the Content should be construed as granting by estoppel or otherwise, any license or right of use to any trademark.
- Notice and Procedure for Making Claims of Copyright Infringement
- If Road Hero receives a notice alleging that you have engaged in behavior that infringes any of its or a third party's intellectual property rights and reasonably concludes that such information is credible, Road Hero may, at its discretion, suspend or terminate your access to the Road Hero Services with or without notice to you. If Road Hero takes action under this Section, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.
- Road Hero will investigate notices of copyright infringement and take appropriate actions under applicable local law including, in the United States, the Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, written notification of claimed copyright infringement must be submitted as follows:
Road Hero, Inc.
P.O. Box 1535
Mountain View, CA 94042
To be effective, the notification must include the following:
- An electronic or physical signature of the copyright owner or the person authorized to act on the copyright owner's behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the location of the infringing material and information reasonably sufficient to permit Road Hero to locate the material;
- Your contact information, including your address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- You may terminate your use of the Road Hero Services at any time.
- You agree that Road Hero may at any time and for any reason terminate your access the Road Hero Services, this Agreement or suspend or terminate your account with respect to the Road Hero Services.
- Termination of your account with respect to the Road Hero Services may include: (i) removal of access to all offerings within the Road Hero Services accessed through your account and (ii) barring of further use of the Road Hero Services. Termination of your account may further include deletion of any password and all related information, files, User Submissions and other Content associated with or inside your account (or any part thereof); provided that the foregoing is not intended to limit the rights granted to Road Hero in your User Submissions pursuant to Section 7, which may be retained by Road Hero and used as provided in Section 7 after termination of your account or this Agreement.
- Any suspension or termination shall be made in Road Hero's sole discretion and Road Hero shall not be liable to you or any third party for any suspension or termination of your account or your access to the Road Hero Services or the deletion of your User Submissions or other Content. Road Hero shall have no obligation to maintain or forward any of your User Submissions or other Content.
- Sections 3 and 6-18 and any other provisions that expressly or by their nature survive termination of your account or this Agreement will survive any termination of your account or this Agreement.
- Miscellaneous Provisions.
- This Agreement and your relationship with Road Hero under this Agreement are governed by the laws of the State of California (USA), without regard to its conflict of laws provisions.
- You and Road Hero agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California (USA) to resolve any legal matter arising from this Agreement. Notwithstanding this, you agree that Road Hero shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- This Agreement constitutes the entire legal agreement between you and Road Hero and governs your use of the Road Hero Services (but excluding any services which Road Hero may provide to you under a separate written agreement). This Agreement completely replaces any prior agreements between you and Road Hero regarding the Road Hero Services.
- You agree that if Road Hero fails to exercise or delays the exercise of any of its rights or remedies under this Agreement or applicable law, that failure or delay will not be considered a waiver of those rights or remedies, and those rights or remedies will still be available to Road Hero.
- You agree that Road Hero may assign this Agreement and its rights and obligations regarding the Road Hero Services in whole or in part.
- You and Road Hero agree that you are not agents, partners or joint venturers, and that this Agreement does not create any fiduciary duty or comparable relationship of trust between the parties.
- Road Hero may provide you with notices, including those regarding changes to this Agreement, by email or regular mail and Road Hero may also post such changes on the Road Hero Services. You shall send any notices to Road Hero at: Road Hero Inc, P.O. Box 1535, Mountain View, California 94042 USA, Attn.: Legal.
- You agree that Road Hero subsidiaries and affiliates providing any of the Road Hero Services or any portion thereof are intended third party beneficiaries of this Agreement and are entitled to directly enforce, and rely upon, any provision of the Agreement that confers a benefit on (or rights in favor of) them. Other than this, there shall be no third-party beneficiaries to this Agreement.
- If any provision of this Agreement is found by a court having jurisdiction to decide on the matter to be invalid, then that provision will be removed from the Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue in full force and effect.
- You agree that any unauthorized use of the Road Hero Services or the Road Hero Content contained therein would result in irreparable injury to Road Hero, for which money damages would be inadequate. Therefore, in such event Road Hero shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing contained in this Section or elsewhere in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that Road Hero may have under separate legal authority. You understand and agree that your cancellation of your Road Hero account is your sole right and remedy with respect to any dispute with Road Hero.
- The Section titles in this Agreement are for convenience only and have no legal or contractual effect.
- You are wholly responsible for any taxes that may arise out of your use of the Road Hero Services
Should you have any questions concerning this Agreement, or if you desire to contact Road Hero for any reason, please write to:Road Hero, Inc.
P.O. Box 1535
Mountain View, CA 94042 USA