By downloading/installing or using the application, you (a) acknowledge that you have read and understand this agreement; and (b) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these terms, do not download, install or use the application and delete it from your mobile device.
Company grants you a personal, limited, terminable, non-exclusive, non-transferable license to:
You shall not:
You are responsible for keeping your account login credentials (user name and password) confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your End User Data.
You acknowledge and consent that when you download, install or use the Mobile Device Software, Company may use automatic means (including, without limitation, cookies, web beacons, and GPS transmissions) to collect information about your Mobile Device and about your use of the Mobile Device Software, including without limitation geospatial data, driving data, location, rate of speed, acceleration/deceleration, Mobile Device usage, etc. (which are included in the definition of End User Data, below). You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Mobile Device Software or certain of its features or functionality, and the Mobile Device Software may provide you with opportunities to share information about yourself with others.
All ownership rights in and to the Mobile Device Software shall remain exclusively with Company and its authorized partners/vendors, as applicable. Access to the Services is provided to you only to allow you to exercise your rights under this Agreement, and no implied license or right not expressly set forth in this Agreement is granted to you.
The Mobile Device Software may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.
To the fullest extent permitted by applicable law, in no event will Company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the application or the content and services for:
Company does not guarantee the continuous, uninterrupted or secure access to the Company application, Company services, or any related services. The operation of the Company application may be interfered with by numerous factors outside the control of Company.
Under no circumstances shall Company be liable for any damages that result from the use of or inability to use the Company application, including but not limited to reliance by you on any information obtained from the Company application or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Company records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, data, and information submitted through the mobile device software and you to the Company services available through the mobile device software.
Any cause of action or claim you may have arising out of or relating to this agreement or the application must be commenced within 3 (three) months after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.