Last updated 12/20/2018
Point One Navigation, Inc.
- Eligibility; Registration Information and Password; Service Access.
- THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SERVICE BY COMPANY. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE.
- If you are using or opening an account on the Service on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to the Terms, and you hereby agree to be bound by the Terms on behalf of such Subscribing Organization.
- You agree that the information you provide to Company on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up–to–date at all times. When you register, you will be asked to create a password. As you will be responsible for all activities that occur under your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
- Subject to your ongoing compliance with the Terms, including any and all applicable restrictions, requirements, and prohibitions, Company grants you permission to access and browse the Site and use the Service as set forth in the Terms, and consistent with the intended features of the Service.
- Prohibited Conduct.
BY USING THE SERVICE YOU PROMISE NOT TO:
- Upload, post, transfer or otherwise make available copyrighted material that is not your own or that you do not have the legal right to distribute, display and otherwise make available to others;
- Harass, threaten, or defraud other Service users;
- Upload, post, transfer, or otherwise make available User Materials, as defined below, that are threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate;
- Upload, post, transfer or otherwise make available User Materials that are false, deceptive, misleading, deceitful, misinformative, or constitute “bait and switch”;
- Impersonate another person or access another user’s account without that person’s permission;
- Share Company-issued passwords with any third party or encourage any other user to do so;
- Misrepresent the source, identity, or content of information transmitted via the Service;
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Upload material that is damaging to computer systems or data of Company or other users of the Service (e.g. a virus, Trojan horse, or other malicious code); or
- Use the Service to advertise any product or service that is prohibited or regulated by applicable laws or regulations, or to engage in any false or misleading or otherwise unlawful or objectionable advertising practice.
- Resell the service in a way not authorized explicitly, in writing by Point One Navigation
- User Materials.
- General. The Service provides certain features which enable you and other users to submit, post, transfer and share content with other users, which may include, without limitation, text and literary works, graphic and pictorial works, audiovisual works, musical works, sound recordings, or any other content submitted by you and other users through the Service (“User Materials”). You must register with the Service in order to submit User Materials. Company cannot guarantee any anonymity or confidentiality with respect to any User Materials submitted to public areas of the Site, and strongly recommends that you think carefully about what you choose to submit to the public areas of the Site. You understand that all User Materials are the sole responsibility of the person from whom such User Materials originated. This means that you, and not Company, are entirely responsible for all User Materials that you upload, post, transfer or otherwise make available through the Service.
- Right to Remove or Edit User Materials. You acknowledge that Company does not pre-screen or approve User Materials and that Company makes no representations that it will publish or make available on the Service any User Materials, and reserves the right, in its sole discretion, to refuse to allow any User Materials on the Service, or to edit or remove any User Materials at any time with or without notice. Without limiting the generality of the preceding sentence, Company complies with the Digital Millennium Copyright Act, and will remove User Materials upon receipt of a compliant takedown notice (see the “Digital Millennium Copyright Act” section below).
- License Grant to Company. You retain all your ownership rights in original aspects of your User Materials. By submitting User Materials to Company, you hereby grant Company and its affiliates, sublicensees, partners, designees, and assignees of the Service (collectively, the “Company Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, and otherwise exploit your User Materials, including your trademarks and logos included therein, solely in connection with providing the Service. By subscribing to the Service, you hereby grant Company and Company Licensees a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, and otherwise exploit your trademarks and logos for marketing, promoting, and redistributing part or all of the Service (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of so-called “moral rights” or attribution with respect to your User Materials.
- User Materials Representations and Warranties. You are solely responsible for your own User Materials and the consequences of posting, transferring or publishing them. In connection with User Materials, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, copyright, or other proprietary rights in and to your User Materials to enable inclusion and use of your User Materials in the manner contemplated by Company and the Terms, and to grant the rights and license set forth above, and (ii) your User Materials, Company’s or any Company Licensees’ use of such User Materials pursuant to the Terms, and Company’s or any of Company Licensees’ exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation, including, by way of example and not limitation, laws or regulations related to false, deceptive, or misleading advertising and promotions; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in the Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including to any agency, collection society or other entity that licenses or administers rights on behalf of others.
- Inaccurate or Offensive User Materials. You understand that when using the Service, you may be exposed to User Materials from a variety of sources and that Company does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Materials. You further understand and acknowledge that you may be exposed to User Materials that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT THERETO.
- If you provide Company with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Service (“Feedback”), Company shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Service. You hereby grant Company a perpetual, irrevocable, worldwide, royalty-free, fully paid, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
- Company App Usage.
6.1 Limited License. The Company Apps are licensed, not sold or otherwise transferred, to you and all use is governed by the Terms and the EULA.
6.3 Third Party Fees. You understand and acknowledge that third party fees may apply to your use of the Apps, including without limitation fees charged by your mobile service provider for network access, data transmission, or other similar fees. You are solely responsible for all such fees.
- Modification of the Terms.
- Company reserves the right to update, modify, add, or remove portions of the Terms at any time without prior notice. We encourage you to review the Terms periodically for changes. The Terms will identify the date of last update. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. In the case of material changes to the Terms, Company will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window, or other similar mechanism. In the event that such modifications materially alter your rights or obligations hereunder, such modified Terms will become effective upon the earlier of (i) your continued use of the Service with actual knowledge of such modified Terms, or (ii) 30 days from publication of such modified terms on the Company Site; provided however, that disputes arising hereunder will be resolved in accordance with the terms in place at the time the dispute arose.
- Prohibited Uses.
- Access to the Service from territories where its contents are illegal is prohibited. The Service is designed for customers in the United States. Those who choose to access the Service do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You also agree and understand that your data may be transferred to other jurisdictions for processing.
- As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by the Terms. You may not use the Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree neither to modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
- The Service may contain robot exclusion headers or other systems designed to restrict or regulate access to the Service. You agree that you will not use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.
- Fees and Payment.
- No Refunds. If applicable, all fees relating to the Service, including any fees charged for access to the Service are final and nonrefundable.
- Method of Payment. If applicable, you agree to pay for all products and services that you purchase through the Service and you agree that we may charge your selected payment method for any such payments. Company accepts payments through payment methods detailed on the applicable payment screen, which may include various credit cards and PayPal. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together. Company does not accept payment forms other than those specified on the applicable payment screen.
- Taxes. You are responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use or value-added taxes. To the extent Company is obligated to collect such taxes, the applicable tax will be added to your billing account.
- Disputed Charges. YOU AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO YOUR ACCOUNT IN WRITING TO COMPANY WITHIN THIRTY (30) DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.
- By Company. You agree that Company, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Company or use of the Service and remove and discard all or any part of your account or any content uploaded by you, at any time. Company may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Company will not be liable to you or any third party for any such termination. Without limiting the generality of the foregoing, Company does not permit copyright infringing activities on the Service and reserves the right to terminate access to the Service and remove all content submitted by any persons who are found to be repeat infringers. Any actual or suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity.
- By You. You may terminate your account, this Agreement and your right to use the Service at any time and for any reason or no reason, by contacting Company customer support at firstname.lastname@example.org, and immediately discontinuing all use of the Service, including any and all Apps.
10.3 Effect of Termination. Upon any termination of your use of the Services, Company may, but shall not be required to, delete any of your User Materials available on or through the Services and terminate your access to your User Materials if those materials remain on the Service, without any liability to you.
- Fees. To the extent any fees are charged for the Service, upon any termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Service before termination. Termination does not give rise to any right of refund.
- Survival. Sections 2, 4, 5, and 8-20 will survive any termination of the Terms.
- Ownership; Proprietary Rights.
- The Service is owned and operated by Company. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service, including the Apps, (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Service are the property of Company or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Company or its affiliates and/or third party licensors. Except as expressly authorized by Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Software made available for download is subject to the Terms, and may be further subject to the provisions of any EULA specific to such software download. Company reserves all rights not expressly granted in the Terms.
- Third Party Sites, Products and Services; Links.
- The Service, and User Materials available through the Service, may include links to other web sites or services, solely as a convenience to users (“Linked Sites“). Company does not endorse any User Materials or Linked Sites or the information, material, products or services contained on other linked sites or accessible through User Materials or Linked Sites. Furthermore, Company makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
- Your correspondence or business or other dealings with advertisers, other users of the Service, or other third party service providers encountered on or through the Service, including payment and delivery of goods and services, is solely between you and such third party. YOU AGREE THAT COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE SERVICE.
- Disputes with Third Parties.
- If you have a dispute with another user of the Service, or the provider of any Linked Site, or any other third party arising in connection with your use of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- Except as explicitly stated otherwise, legal notices will be served on Company at Point One Navigation, Inc., 152 Beaver St. San Francisco, CA 94114, USA. Legal notices will be served on you at either the email or physical address you provide to Company during the registration process or through notifications served to you through the Service. Notice by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.
- Disclaimers; No Warranties.
- THE SERVICE, INCLUDING THE APPS, AND ANY DATA, USER MATERIALS, INFORMATION, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, COMPANY AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION USER MATERIALS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE SERVICE.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
- Limitation of Liability and Damages.
- UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
- Limitations by Applicable Law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Basis of the Bargain.
- YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
- You (and your Subscribing Organization, if applicable) agree to indemnify, defend, and hold Company, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, your communications, transactions, or dealings with third parties initiated through the Service, your violation of the Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in the Terms. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with our defense of these claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
- Digital Millennium Copyright Act Compliance.
- If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at the Service;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
(iv) Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at Point One Navigation, Inc., 152 Beaver St., San Francisco CA 94114 or by email at: email@example.com. For clarity, only DMCA notices should go to the Company Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Company customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
- The Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. All disputes, claims and controversies, of any sort or nature, between the parties, arising out of the use of the Site (“Dispute”), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the user’s email address on file with Company, or (b) Point One Navigation, Inc., 152 Beaver St. San Francisco, CA 94114 or email@example.com, whichever is applicable (“Dispute Notification”); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Online Mediation for Small Claims with the American Arbitration Association (“AAA”) (or Request for Mediation for the minimum of 4 hours only if the Small Claims limit is exceeded), available online at http://www.aaamediation.com/, with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties which cost is currently set at $50 but may be changed by AAA; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the AAA, see http://www.adr.org/fileacase, in which case the Dispute shall be resolved by binding arbitration, with the cost of the arbitration to be born equally by the parties, unless otherwise ordered by the arbitrator(s), and with the decision of the arbitrator(s) to be enforceable in any court of competent jurisdiction.
- The parties expressly agree that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of site users or otherwise asserting claims on behalf of a class (“Waiver”). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, set forth in Section 20.1, above, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the Santa Clara County, California courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections.
- The services hereunder are offered by Point One Navigation, Inc., 152 Beaver St San Francisco, CA 94114, USA. Company may be contacted by email at firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.