YOU AGREE TO BE BOUND BY THESE TERMS AND CONCLUDE A LEGALLY BINDING CONTRACT BASED ON THESE TERMS WITH US IF YOU ACCEPT THESE TERMS EXPRESSLY, OR IF WE NOTIFY YOU OF THESE TERMS, AND YOU DOWNLOAD, USE OR ACCESS THE APP, OR YOU USE THE COMPANY SITE. THESE TERMS CONTAIN IMPORTANT TERMS THAT AFFECT YOUR RIGHTS, INCLUDING DISCLAIMERS, LIMITATIONS OF LIABILITY, A CHOICE OF ONTARIO LAW, BINDING ARBITRATION PROVISIONS AND A TIME LIMIT ON SUBMITTING CLAIMS.
YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO AGREE TO THESE TERMS.
WARNING: DRIVING A MOTOR VEHICLE REQUIRES YOUR FULL ATTENTION. YOU SHOULD NEVER ATTEMPT TO TALK, TEXT, TYPE, DIAL OR EMAIL USING A HAND-HELD MOBILE DEVICE WHILE DRIVING A MOTOR VEHICLE.
WHEN ENABLED, THE APP WILL DETERMINE THE SPEED AT WHICH YOU ARE DRIVING. THE CALCULATION OF YOUR DRIVING SPEED IS DEPENDENT ON THE ACCURACY OF YOUR MOBILE DEVICE AS WELL AS THE GLOBAL POSITIONING SYSTEM, CELLULAR NETWORK AND/OR WIFI NETWORK USED BY YOUR MOBILE DEVICE. WE DO NOT GUARANTEE THE ACCURACY OF THE APP’S SPEED CALCULATIONS OR THE ACCURACY OF THE APP’S PERFORMANCE. IF ENABLED, ONCE THE APP DETERMINES THAT YOU ARE DRIVING ABOVE A CERTAIN SPEED THRESHOLD, THEN THE APP WILL ENABLE THE SILENCE MODE ON YOUR MOBILE DEVICE UNTIL THE APP DETECTS THAT YOUR VEHICLE HAS BEEN STOPPED FOR A CERTAIN PERIOD OF TIME.
THE APP DOES NOT WORK AT SPEEDS ABOVE 140 KILOMETERS PER HOUR.
IF YOU WISH TO USE THE APP, IT IS YOUR RESPONSIBILITY TO ENABLE THE APP. WHILE THE APP IS DESIGNED TO ACTIVATE THE SILENCE MODE ON YOUR MOBILE DEVICE WHEN YOU ARE DRIVING ABOVE THE SPEED THRESHOLD, IT IS YOUR RESPONSIBILITY TO ENSURE THAT WHEN YOU ARE DRIVING A MOTOR VEHICLE YOU DIRECT YOUR FULL ATTENTION TO DRIVING, NO MATTER THE SPEED AT WHICH YOU ARE DRIVING. IF FOR ANY REASON THE APP FAILS TO ACTIVATE THE SILENCE MODE ON YOUR MOBILE DEVICE AND YOU RECEIVE NOTIFICATION OF A TEXT OR OTHER ELECTRONIC MESSAGE, YOU SHOULD NOT CONSULT YOUR MOBILE DEVICE TO VIEW OR READ THE TEXT OR OTHER ELECTRONIC MESSAGE WHILE DRIVING. WE ARE NOT RESPONSIBLE OR LIABLE FOR YOUR FAILURE TO DIRECT YOUR FULL ATTENTION TO DRIVING A MOTOR VEHICLE OR FOR THE APP’S FAILURE TO ACTIVATE THE SILENCE MODE ON YOUR MOBILE DEVICE. IN SOME JURSIDICTIONS IT IS ILLEGAL FOR DRIVERS TO TALK, TEXT, TYPE, DIAL OR EMAIL USING A HAND-HELD MOBILE DEVICE. YOU ARE SOLELY RESPONSIBLE AT ALL TIMES FOR COMPLYING WITH ALL SUCH LAWS, AND WE ARE NOT RESPONSIBLE OR LIABLE FOR YOUR FAILURE TO COMPLY WITH SUCH LAWS.
THE APP DOES NOT WORK AT SPEEDS ABOVE 140 KILOMETERS PER HOUR. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE FAILURE OF THE APP TO FUNCTION AS EXPECTED IF YOU DRIVE AT SPEEDS ABOVE 140 KM/HOUR OR AT ANY SPEED ABOVE THE THRESHOLD AT WHICH THE APP CAN ACCURATELY DETECT THE SPEED OF YOUR VEHICLE.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN DO NOT DOWNLOAD, USE OR ACCESS THE APP OR THE COMPANY SITE.
1. The Service. We provide the App and if applicable the Company Site (collectively the "Service") on an "as is" and "as available" basis to persons who have lawfully purchased the App (hereinafter "you"). You may not use the Service unless you have lawfully purchased the App. We reserve the right to improve and change the Service and any element thereof at any time, at our sole discretion. We also reserve the right to suspend or discontinue the Service.
2. Software. The software products made available through the Service (including, without limitation, the App and any updates) are licensed, not sold, to you. We may cause the App and updates to the App to be downloaded onto your mobile phone or device through the Service. By connecting to the Service, you are requesting such automatic updating.
3. License Terms. Your use of the App and the Company Site is subject to these Terms and any additional software license terms that accompany downloads, including third party license terms and open source software license terms. Your license rights are non-exclusive, limited, revocable, personal, non-sublicenseable and non-assignable. You may not decompile, disassemble, reverse-engineer or otherwise display the App in human-readable form, except to the extent such a restriction is prohibited under applicable mandatory law or third party licensee terms after you have provided us with 45 days prior written notice of your intent to exercise rights in conflict with these Terms to give us an opportunity to find alternative solutions for you. You may not copy, modify, translate, rent, lease, distribute, lend or sell the App. You may not remove any proprietary notices or labels.
4. Security. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, modify, reverse-engineer, decompile, disassemble or otherwise tamper with any security technology or software that is part of the Service or is used to monitor or enforce these Terms. We may implement digital rights management ("DRM") or other similar security systems that contain measures designed to prevent unauthorized copying of software used with, accessed through or obtained via the Service. Violations of system or network security may result in civil or criminal liability.
5. Third Party Materials and Web Sites. Certain content and services available through the Service may include materials from third parties. In addition, we may provide links to certain third party web sites or services. We are not responsible for examining or evaluating the content or accuracy of any such third party material or web sites. We do not warrant or endorse any third party web sites, services or content. We does not assume, and will have no liability or responsibility for any third party products, services, content, materials or web sites. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third party products, services, web sites or other materials in a manner that would infringe or violate the rights of any other party, and that we have no liability or responsibility for your use of any third party products, services, web sites or other materials. You agree to defend, indemnify and hold harmless us and our affiliates, and their respective officers, directors, employees, agents, and representatives from any and all claims arising out of your use of any third party products, services, web sites, or material of any kind.
6. Intellectual Property
6.1 Ownership. The Service contains proprietary information and material that is owned by us and/or our licensors, and is protected by applicable intellectual property and other laws, including, but not limited to, domestic and international copyright laws. We and our licensors reserve title, ownership and all rights and interests in the Service, except as expressly licensed in these Terms. You may not use the Service or any information and materials contained therein in any way whatsoever except for use of the Service in compliance with these Terms. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the App, in any manner, nor shall you exploit the Service or the App in any unauthorized way whatsoever, including, but not limited to trespass or burdening network capacity. THE USE OF THE APP OR ANY PART OF THE SERVICE, EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED, INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.
6.2 Removal of Content or Features. Notwithstanding any other provision of these Terms, We and our licensors reserve the right to change, suspend, remove or disable access to any content, features or other materials comprising a part of the Service at any time without notice. In no event will we be liable for the removal of or disabling of access to any such content, features or materials. We may also impose limits on the use of or access to certain features or portions of the Service, without notice or liability.
6.3 Trademarks. All our logos and trademarks used in connection with the Service are our trademarks or registered trademarks in Canada and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. We do not grant you any right or license with respect to any trademarks.
7. Compliance with Laws. The Service is operated by us from our offices in Canada and other locations. You agree to comply with all local, provincial, state, federal, and national laws, statutes, ordinances and regulations that apply to your use of the Service.
8. Enforcement. We reserve the right to take steps that we believe are reasonably necessary or appropriate to enforce and verify your compliance with these Terms.
9. Termination. These Terms and all rights and licenses granted herein are effective from the time you accept these Terms until these Terms are terminated. You may terminate these Terms at any time by permanently ceasing your use of the Service, provided that the Terms shall continue to govern any past use of the Service. We may update, suspend or terminate your use of the Service effective immediately if you breach these Terms or with reasonable notice to you. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of these Terms, will survive termination of these Terms, regardless of the reasons for termination. Upon termination, you agree to cease all use of the Service. If you fail to comply with any of the provisions of these Terms, including, but not limited to, infringing or otherwise violating the rights of any third party, we, at our sole discretion, and without notice to you may: (i) terminate these Terms; and (ii) preclude you from accessing the Service or any part of it.
10. Disclaimer of Warranties and Liability Limitations.
10.1 Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SERVICE "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT EXPRESS WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, AND WE HEREBY DISCLAIM ANY IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE AND OUR LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP OR THE SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY SELLER WILL CREATE A WARRANTY OBLIGATION ON US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE APP IS NOT INTENDED FOR USE IN ANY ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. FURTHER YOU ACKNOWLEDGE THAT OUR CONTINUED PROVISION OF THE SERVICE RELIES UPON THE GENERAL OPERATION OF GLOBAL POSTIONING SYSTEM SERVICES, THE INTERNET AND WORLD WIDE WEB, ANY CELLULAR OR WIRELESS NETWORK NEEDED TO OPERATE YOUR MOBILE DEVICE AND CERTAIN FACTORS NECESSARY FOR THE CONTINUOUS OPERATION OF GLOBAL POSTIONING SYSTEM SERVICES, THE INTERNET, ANY SUCH CELLULAR OR WIRELESS NETWORK AND WORLD WIDE WEB ARE BEYOND OUR CONTROL.
10.2 Your Obligation to Comply with Traffic Laws. WHEN ENABLED, THE APP WILL DETERMINE THE SPEED AT WHICH YOU ARE DRIVING. THE CALCULATION OF YOUR DRIVING SPEED IS DEPENDENT ON THE ACCURACY OF YOUR MOBILE DEVICE AS WELL AS THE GLOBAL POSITIONING SYSTEM, CELLULAR NETWORK AND/OR WIFI NETWORK USED BY YOUR MOBILE DEVICE. WE DO NOT GUARANTEE THE ACCURACY OF THE APP’S SPEED CALCULATIONS OR THE ACCURACY OF THE APP’S PERFORMANCE.
THE APP DOES NOT WORK AT SPEEDS ABOVE 140 KILOMETERS PER HOUR.
IF ENABLED, ONCE THE APP DETERMINES THAT YOU ARE DRIVING ABOVE A CERTAIN SPEED THRESHOLD, THEN THE APP WILL ENABLE THE SILENCE MODE ON YOUR MOBILE DEVICE UNTIL THE APP DETECTS THAT YOUR VEHICLE HAS BEEN STOPPED FOR A CERTAIN PERIOD OF TIME. IF YOU WISH TO USE THE APP, IT IS YOUR RESPONSIBILITY TO ENABLE THE APP. WHILE THE APP IS DESIGNED TO ACTIVATE THE SILENCE MODE ON YOUR MOBILE DEVICE WHEN YOU ARE DRIVING ABOVE THE THRESHOLD SPEED, IT IS YOUR RESPONSIBILITY TO ENSURE THAT WHEN YOU ARE DRIVING A MOTOR VEHICLE YOU DIRECT YOUR FULL ATTENTION TO DRIVING, NO MATTER THE SPEED AT WHICH YOU ARE DRIVING. IF FOR ANY REASON THE APP FAILS TO ACTIVATE THE SILENCE MODE ON YOUR MOBILE DEVICE AND YOU RECEIVE NOTIFICATION OF A TEXT OR OTHER ELECTRONIC MESSAGE, YOU SHOULD NOT CONSULT YOUR MOBILE DEVICE TO VIEW OR READ THE TEXT OR OTHER ELECTRONIC MESSAGE WHILE DRIVING.
DRIVING A MOTOR VEHICLE REQUIRES YOUR FULL ATTENTION. WHEN DRIVING A MOTOR VEHICLE IT IS YOUR OBLIGATION TO COMPLY WITH ALL TRAFFIC LAWS AND TO ENSURE THAT YOU OPERATE THE VEHICLE IN ACCORDANCE WITH SUCH LAWS. IN SOME JURISDICTIONS IT IS ILLEGAL FOR DRIVERS TO TALK, TEXT, TYPE, DIAL OR EMAIL USING A HAND-HELD MOBILE DEVICE. IT IS YOUR OBLIGATION TO COMPLY WITH SUCH LAWS AT ALL TIMES AND USE OF THE APP DOES NOT IN ANY WAY REDUCE YOUR OBLIGATION TO COMPLY WITH SUCH LAWS.
WE ARE NOT RESPONSIBLE OR LIABLE FOR YOUR FAILURE TO DIRECT YOUR FULL ATTENTION TO DRIVING A MOTOR VEHICLE OR FOR THE APP’S FAILURE TO ACTIVATE THE SILENCE MODE ON YOUR MOBILE DEVICE. THE APP DOES NOT WORK AT SPEEDS ABOVE 140 KILOMETERS PER HOUR. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE FAILURE OF THE APP TO FUNCTION AS EXPECTED IF YOU DRIVE AT SPEEDS ABOVE 140 KM/HOUR OR AT ANY SPEED ABOVE THE THRESHOLD AT WHICH THE APP CAN ACCURATELY DETECT THE SPEED OF YOUR VEHICLE.
10.3 Disclaimer of Losses And Intrusions. WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
10.4 Information. YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IN CONNECTION WITH THE SERVICE IS AT YOUR SOLE RISK. WE HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
11. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL WE OUR AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, AS WELL AS OUR AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE (JOINTLY OR SEVERALLY) FOR ANY CLAIM, LOSS OR DAMAGE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES FOR (I) ANY PERSONAL INJURY WHICH YOU OR ANY OTHER OCCUPANT IN THE SAME MOTOR VEHICLE MAY SUFFER, (II) LOSS OF INCOME, (III) LOSS OF PROFITS, SAVINGS, REVENUE, GOODWILL OR BUSINESS INTERRUPTION, (IV) LOSS OF INFORMATION OR DATA OR OTHER INTANGIBLE LOSSES, ARISING FROM, OR IN ANY WAY CONNECTED WITH THE SERVICE OR THE APP, INCLUDING THE PERFORMANCE, USE OF, ACCESS TO, OR THE INABILITY TO USE AND ACCESS THE SAME, REGARDLESS OF WHETHER WE HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, BREACH OF WARRANTY, CIVIL LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, OR OUR OR THEIR DIRECTORS, OFFICERS AND EMPLOYEES, TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID TO US FOR YOUR USE OF THE SERVICE AND THE APP, AND (2) FIFTY DOLLARS (CDN $50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE SERVICE AND/OR THE APP FAIL IN THE PERFORMANCE OF THEIR ESSENTIAL PURPOSE.
13. Dispute Resolution And Binding Arbitration Provision
13.1 Binding Arbitration. These Terms will be interpreted in accordance with the laws of the Province of Ontario, Canada, without reference to its conflict of laws principles. You agree that in the event of a dispute arising out of these Terms, the laws of the Province of Ontario will apply. Any cause of action that you may have must be commenced within one (1) year after the claim or cause of action arises, except where prohibited by applicable law. Except where prohibited by applicable law, any claim (including disputes, controversies, etc.) arising out of or relating to these Terms will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator, who will be a person legally trained, has experience in information technology and is independent of both parties, to be held in Ottawa, Ontario, in English and governed by Ontario law subject to the most current version of the Arbitration Act 1991 (Ontario). Each claim will be arbitrated on an individual basis and will not be consolidated with the claim of any other party. You agree to waive any right you may have to commence or participate in any class action against us, our subsidiaries and affiliates, our licensors and contractors, as well as our and their directors, officers, employees and agents. Notwithstanding the foregoing, we reserve the right to purse the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
13.2 Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be determined by the arbitrator in his or her discretion.
13.3 Confidentiality. You and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any matter arbitrated under this arbitration provision and, with the exception of disclosure to your or our legal and other professional advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.
13.4 Continuing Obligation to Arbitrate; Severability. This arbitration provision shall survive termination of your access to or use of the Service and/or the App and related agreements. If any portion of this arbitration provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this arbitration provision.
14. Contact Information. You can contact us at the following address:
P.O.Box 40137 Bank/Hunt Club
Ottawa, Ontario K1V 0W8
15. Licensee Outside Canada. If you are located outside Canada, then you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Service and/or the App, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
16.1. Entire Agreement. These Terms constitute the entire agreement between you and us relating to the App and the Service and govern your use of the App and the Service and completely replace any prior or contemporaneous agreements between you and us regarding your use of the App and the Service.
16.2. No Waiver. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision, which will still be available to us.
16.3. Severability. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
Effective as of: February 19, 2015
Date last updated: February 19, 2015