ROADREADY TERMS AND CONDITIONS OF USE
Revised September, 3, 2013
The Services are not intended for and are not designed for children under 14 years of age. If you are 14 or older but under the age of 18, then you agree to review the agreement with your parent(s) or guardian(s) to ensure that both you and your parent(s) or guardian(s) understand and consent to the agreement and that the user and his or her parent(s) or guardian(s) review and accept the agreement on the user's behalf through the RoadReady registration process. If the reader of the agreement is a parent or guardian entering this agreement for the benefit of a child over 14, then he or she agrees and accepts full responsibility for his or her child's use of RoadReady and the services, including all legal liability that such child may incur.
SAFE ROADS RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICES OR ANY PORTION THEREOF WITH OR WITHOUT NOTICE. YOU AGREE THAT SAFE ROADS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES OR ANY PORTION THEREOF.
If you do not agree with the Terms, please do not use the Services. BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.
BY USING SAFE ROADS OR THE SERVICES, YOU THEREFORE AGREE, REPRESENTS AND WARRANT THAT:
YOU ARE 14 YEARS OR OLDER BUT UNDER THE AGE OF 18 AND YOU HAVE REVIEWED AND CONSENTED TO THE TERMS WITH YOUR PARENTS PER; OR YOU ARE 18 YEARS OR OLDER; AND HAVE CONSENTED TO AND AGREED TO THE TERMS.
FURTHER, YOU ACKNOWLEDGE AND AGREE THAT SAFE ROADS HAS OFFERED THE SERVICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS. YOU ALSO ACKNOWLEDGE AND AGREE THAT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SAFE ROADS AND THAT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SAFE ROADS. SAFE ROADS WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY.
3. ADDITIONAL POSTED GUIDELINES
Safe Roads may require you to agree to additional rules, policies, guidelines or other conditions (collectively "Guidelines") in order to use particular features, to participate in certain promotions available through RoadReady, or to receive and/or use some Services that RoadReady may offer from time to time. In such cases, you may be required to expressly consent to additional terms set forth in applicable Guidelines—for instance, you might be obligated to check a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of a click-through agreement are different than the Terms, the terms of the click-through agreement will supplement or amend the Terms, but only with respect to the matters governed by the click-through agreement.
4. MODIFICATION OF THE TERMS AND CONDITIONS OF USE
5. OWNERSHIP AND PROPRIETARY RIGHTS
The Services are owned and operated by Safe Roads. You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any) and any RoadReady Content (as that term is defined below) offered as part of the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Safe Roads or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or any Content offered as part of the Services (other than User Content as that term is defined below), in whole or in part.
SAFE ROADS grants you a personal, non-transferable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to access the Services by any means other than through the interface that is provided by SAFE ROADS for use in accessing the Services.
6. ACCOUNT INFORMATION
To use the Services, you must create a RoadReady account (“Account”). You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Account creation/registration form ("User Data") and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that SAFE ROADS may use your User Data to provide the Services. If you provide any information that is inaccurate or not current, or SAFE ROADS has reasonable grounds to suspect that such information is inaccurate or not current, SAFE ROADS has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of any applicable jurisdiction.
When you create an Account, you will be asked to provide a password. Because you will be responsible for all activities that generate from your Account, and you can only access your account upon the transmission of your password, you should keep your password strictly confidential at all times. We endeavor to use reasonable security measures to protect against unauthorized access to your Account. We cannot, however, guarantee absolute security of your Account, your User Content or the personal information or location information you provide, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Services or its contents. You agree to immediately notify SAFE ROADS of any unauthorized use or your Account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to SAFE ROADS. SAFE ROADS reserves the right to suspend your Account and/or require that you alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR ROADREADY ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
9. SAFE ROADS USAGE RULES
Prohibited Conduct & Uses
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT, AND WARRANT THAT YOU WILL NOT:
1.use the Services or any personal information or location information displayed on or within RoadReady to "stalk," harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location information or personal information about other Users;2.use RoadReady or the Services if you are under the age of 14 years old;3.include offensive or pornographic materials on or in your RoadReady personal profile pages;4.use RoadReady or the Services for any commercial or non-private use, it being understood that RoadReady and the Services are to be employed for personal, non-commercial use only; 5.fail to deliver payment for any Paid Services;6.use RoadReady or the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;7.make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of RoadReady. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;8.impersonate any person or entity, including but not limited to a RoadReady representative, or falsely claim an affiliation with any person or entity, or access the RoadReady Accounts of other Users;9.share RoadReady issued passwords or any other means of access to a mobile device while any Service is running and accessible with any third party or encourage any other User(s) to do so;10.misrepresent the source, identity or Content of information transmitted via the Services;11.remove, circumvent, disable, damage or otherwise interfere with: (i) the security-related features of RoadReady or the Services; (ii) the features of RoadReady and the Services that prevent or restrict use or copying of any Content accessible through the RoadReady; or (iii) the features of RoadReady and the Services that enforce limitations on use of the Services;12.intentionally interfere with, or damage operation of RoadReady or the Services, or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;13.post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;14.upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;15.upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party;16.attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to RoadReady, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with the proper working of RoadReady or any of the Services;17.use any robot, spider, scraper or other automated means to access RoadReady or the Services for any purpose without RoadReady's express written permission or bypass RoadReady's robot exclusion headers or other measures we may use to prevent or restrict access to RoadReady or the Services or modify RoadReady or the Services in any manner or form, nor to use modified versions of RoadReady or the Services, including (without limitation) for the purpose of obtaining unauthorized access to RoadReady or the Services; or18.sell or transfer or allow another person to access your Account, passwords or profile.19.use the Services to harm minors in any way.
10. USAGE & REFUSAL OR SUSPENSION OF SERVICE
SAFE ROADS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY ACCOUNTS OR WEB OR MOBILE BASED ACTIVITIES RELATED TO THE SERVICES (INCLUDING INVITING A FELLOW USER INTO A NETWORK OF FRIENDS), AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS.
11. THIRD PARTY CONTENT
Certain content displayed on or linked to Websites and Mobile Applications—namely, third party websites and news headlines (collectively "Third Party Content")—is developed by individuals or merchants over whom SAFE ROADS exercises no direct control. SAFE ROADS does not endorse any Third Party Content, or the information, material, products, or services associated with Third Party Content. . SAFE ROADS therefore does not make any express or implied warranties with regard to the nature of the information, material, products, or services that are displayed or linked by any Third Party Content. In addition, your contacts or business dealings with, or participation in the promotions of individuals or merchants found on, or linked by any Third Party Content exist solely and operate independently as between you and such individuals or merchants. You therefore agree that SAFE ROADS shall not be responsible for, or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the placement of, or linkage to such Third Party Content.
12. USER CONTENT
By uploading, posting, emailing, transmitting, or otherwise making available User Content via the Services You expressly warrant:
you are solely responsible for the transmission, accuracy, completeness, and publication of that User Content; you control all of the rights to that User Content and that it neither does nor will infringe or violate the rights of any third party; and SAFE ROADS bears no responsibility, legal or otherwise, for that User Content.
13. MIXED-USE GUIDELINES
RoadReady and its Services are made available for your personal, non-commercial use only.
You may not employ RoadReady or its Services to sell a product or service, or to increase traffic to your own website or a third party web site for commercial reasons, such as advertising sales.
14. SAFE ROADS CONTENT
RoadReady, and the Services contain trademarks, trade names, trade dress, service marks, copyrighted material owned by SAFE ROADS and others (collectively "SAFE ROADS Content"). Except as expressly permitted under these Terms or applicable Guidelines, a you may not modify, copy, publish, display, transmit, adapt or in any way exploit the SAFE ROADS Content without the prior written permission of SAFE ROADS.
16. MOBILE APPLICATIONS
To use or otherwise access RoadReady, you must have a mobile device that is compatible with RoadReady . SAFE ROADS does not warrant that the Mobile Applications will be compatible with your mobile device.
The Services may provide, or third parties may provide, links to other websites or resources. Because SAFE ROADS has no control over such websites and resources, you acknowledge and agree that SAFE ROADS is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources.
20. CLAIMS OF COPYRIGHT INFRINGEMENT
If you have reason to believe any part of the User Content or RoadReady Content infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to the Services by any user who is alleged to have posted infringing materials or a link to infringing materials via the Services and to immediately remove or disable the allegedly infringing materials or link.
If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (a) any Content displayed on the Site infringes your copyright or (b) any link posted via the Services links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must comply with the Digital Millennium Copyright Act (“DMCA”), be in writing and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the "copyright owner"), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Your notice must be signed (physically or electronically) and must be addressed as follows:
Copyright Agent RoadReady
c/o Safe Roads Alliance, Inc.
47 Church Street, Suite 301
Wellesley, MA 02482
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We welcome your comments, feedback, suggestions, and other communications regarding the Services (collectively, "Feedback"). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to SAFE ROADS a worldwide, non-exclusive, transferrable, assignable, sub-licenseable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not transmit any Feedback that you do not wish to license to us as set forth above.
22. DISCLAIMER OF WARRANTIES AND LIABILITY
THE SERVICES, INCLUDING THE MOBILE APPLICATIONS, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ROADREADY ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SAFE ROADS, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (INCLUDING WITHOUT LIMITATION SAFE ROADS'S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
SAFE ROADS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.
SAFE ROADS AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION SAFE ROADS'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBILE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SAFE ROADS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SAFE ROADS, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION SAFE ROADS'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PERSONAL INFORMATION OR LOCATION INFORMATION OR THE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SAFE ROADS OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SERVICES.
SAFE ROADS further disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of any and all information or material provided in connection with, or by the Services, any search results generated by or through the Services, or displayed and/or presented through the Services.
SAFE ROADS also disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any and all information or material, including SAFE ROADS Content and User Content.
YOU UNDERSTAND AND AGREE THAT WHEN YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA VIA SAFE ROADS OR THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. SAFE ROADS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM TO YOU THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH SAFE ROADS OR THE SERVICES. .
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold SAFE ROADS and its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out: (a) the User Content you submit, post, transmit or otherwise seek to make available through the Services; (b) your use of the Services, (c) your driving activities which generate the User Content you post or seek to post via the Services, (d) your connection to the Services, (e) your violation of the Terms, (f) your use or misuse of any User's personal information and location information, (g) any violation of the rights of any other person or entity by you, or (h) your employment of the Services to meet another User in-person or to locate and attend any offline place or event. SAFE ROADS reserves the right, at a given User's expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify SAFE ROADS, and said User agrees to cooperate with SAFE ROADS's defense of these claims.
24. LIMITATION OF LIABILITY AND DAMAGES
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL SAFE ROADS, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (INCLUDING WITHOUT LIMITATION SAFE ROADS'S THIRD-PARTY WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USER'S PERSONAL INFORMATION OR LOCATION INFORMATION; (B) YOUR ABILITY OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, INCLUDING THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH SAFE ROADS OR ANY OTHER USER OF THE SERVICES, EVEN IF SAFE ROADS OR A SAFE ROADS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON SAFE ROADS OR THE SERVICES, OR THROUGH THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY SAFE ROADS, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON SAFE ROADS OR THE SERVIES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY SAFE ROADS OR THE SERVICES.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SAFE ROADS OR THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO SAFE ROADS OR THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall SAFE ROADS be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
IN NO EVENT SHALL SAFE ROADS, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (INCLUDING WITHOUT LIMITATION SAFE ROADS'S THIRD-PARTY WIRELESS CARRIER PARTNERS) OR SUPPLIERS, TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR EMPLOYMENT OF THE SERVICES WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDNIGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU, HOWEVER, AGREE THAT SAFE ROADS'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree that SAFE ROADS may, under certain circumstances and without prior notice, immediately terminate your Account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or Guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your Account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and User Content associated with or inside your Account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in SAFE ROADS's sole discretion and that SAFE ROADS shall not be liable to you or any third party for any termination of your Account or access to the Site.
26. APPLICABLE LAWS
Any action related to Safe Roads or the Services shall be governed by Massachusetts law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Middlesex County, Commonwealth of Massachusetts for any legal proceedings related to the Site or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 5, 14, 22, 23,24, 26 shall survive termination of your account and/or the Terms.
You agree that no joint venture, partnership, employment or agency relationship exists between you and SAFE ROADS as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and SAFE ROADS with respect to your use of the Services. The failure of SAFE ROADS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of SAFE ROADS. SAFE ROADS has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. SAFE ROADS's notice to you via email, regular mail or notices or links displayed in connection with the Services shall constitute acceptable notice to you under the Terms. Notice will be deemed received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services then it shall be deemed received twenty-four hours after it is first displayed.