Thank you for using the services of TripTagger THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE TRIPTAGGER SERVICES (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DO NOT USE THE SERVICE.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
1. Use of Services We grant you a limited, revocable, non-exclusive and non-transferable license to use the Services. Under the license you may download, install and use the Services on any compatible device owned or controlled by you solely for your own personal use. From time to time you may receive and use any updates to the Services as may be provided by TripTagger
You agree not to copy the Services, reverse engineer or break into any of the Services, or use materials or Services in violation of any law. You don’t undertake to use the Services for any illegal activities, such as infringing or violating the rights of any other party; or exploit the Services in any unauthorized way whatsoever.
The use of any of the Services is at the discretion of TripTagger We reserve the right to change, suspend, remove or disable access to the Services at any time without notice. In no event shall TripTagger be liable for the removal or disabling of, or for imposing limits on, access to or use of the Services. 2. Intellectual Property The Service and its original content, features and functionality are and will remain the exclusive property of TripTagger and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TripTagger
You agree and acknowledge that, as part of your use of the Services, other users sharing your subscription may have access to your current and past location data, and you may have access to the current and past location data of other users sharing your subscription.
You agree and acknowledge that we have no responsibility for any use or misuse of your current and past location data by any other user of the Services. You further agree that you will not access or use the current and past location data of any other user in a manner that is unlawful, fraudulent, that constitutes an invasion of privacy, or is otherwise improper. 4. Trademarks Apple, the Apple logo and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Other product and company names mentioned on any of the Services may be trademarks of their respective owners. 5. Availability, Errors and Inaccuracies The information provided by the Service is not intended to replace the information provided on the road, such as travel direction, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc
Always drive vigilantly according to road conditions and in accordance with traffic laws. The Service may only be used by the driver when you have stopped your vehicle in an appropriate location permitted by law. Alternatively, the Service may be used by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver's attention to the road.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. 8. Links To Other Web Sites Our Service may contain links to third party web sites or services that are not owned or controlled by TripTagger
TripTagger has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that TripTagger shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. 9. Indemnification You agree to defend, indemnify and hold harmless TripTagger and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. 10. Disclaimer YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
TRIPTAGGER ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT i) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ii) ANY ERRORS OR DEFECTS WILL BE CORRECTED; iii) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR iv) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. 11. Limitation of Liability UNDER NO CIRCUMSTANCES WILL TRIPTAGGER NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, LITIGATION, OR THE LIKE), RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY OF THE SERVICES AND/OR CONTENT IS TO CEASE ALL USE OF THE SERVICES.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. 16. Severability If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. 17. Termination We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. Upon termination, you shall cease all use of the Services and destroy all copies, full or partial, of the Services in your possession.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 18. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any such modifications shall be effective immediately. You can view the most recent version of these Terms at any time at the TripTagger Sites. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. 19. Other terms TripTagger may transfer its rights and obligations under these Terms to another person. The user may not transfer his or her rights or obligations under these Terms to another person. 20. Contact Information You may contact us concerning any question about the Services, through the Contact Us page on the TripTagger Site.
Omni Mobile Group
2010 El Camino Real Suite 1045
Santa Clara, CA 95050
Last modified: October 21, 2015