Terms Of Use

Terms Of Use

Terms of Use – GreenOwl Mobile TrafficAlert Application

 

Thank you for using this TrafficAlert Application (“App”), which is operated by GreenOwl Mobile. (“GreenOwl”).  Certain TV or Radio stations, Government agencies and other companies (“GreenOwl Partners”) may have white-labeled this App by providing their branding, logos, data and other customized content to the App and distribute them to their customer, audience or citizens. Please take a few minutes to review these Terms of Use. They govern your use of this App.

Effective Date: Mar 1, 2013

Your Acceptance of These Terms of Use

These Terms of Use apply to all users of this App. By using this App you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this App.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this App, please carefully review our Privacy Policy. Information about you that we collect through this App will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

Your Consent to Other Agreements

When you sign up to use a special feature of this App, you may be asked to agree to special terms governing your use of the special feature by checking 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 the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

Our Ownership of this App and its Content

This App, including all of the software and code comprising or used to operate this App, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this App (collectively “Content”), is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries.

All Content and intellectual property rights therein are the property of our GreenOwl Partners or GreenOwl or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on this App does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this App. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this App and to display or print portions of this App on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content in a manner inconsistent with the purposes of this App; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

Our Trademarks

All product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this App, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of our GreenOwl Partners or GreenOwl or one of its licensors (the “Marks”). You are not authorized to display or use the Marks in any manner without the prior written permission of the rights owner. The use or misuse of the Marks, except as permitted herein, is expressly prohibited.

Your Feedback

“Feedback” refers to the Content you post on or through this App that is specifically about how we can improve this App and the products and services we make available through this App. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

In addition, by submitting traffic reports to GreenOwl, you grant us a non-exclusive, non-revocable, worldwide and perpetual right to use any part of your traffic report in any manner or media now existing or hereafter developed, including the right to adapt, modify, edit, decompile, create derivative works, assign, commercialize and otherwise exploit without any compensation due to you, which right shall survive any termination of your use of this App.

Your Responsibility to Drive Safely

You agree:

  • to observe all traffic laws and otherwise drive safely;
  • to use your own personal judgment while driving—if you feel that a route suggested by this App would result in an unsafe or illegal maneuver or otherwise place you in an unsafe situation, then do not follow such instructions;
  • to not input routes, or otherwise manually interact with this App, unless your vehicle is parked;
  • to arrange all mobile phones and cables necessary for use of this App in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag); and
  • to use a hands free device if and when you call GreenOwl to report traffic.

Your Other Obligations

In consideration of your use of this App, you agree that to the extent you provide personal information to GreenOwl it will be true, accurate, current, and complete and that you will update all personal information as necessary.

You agree to use this App in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this App any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or mobile device. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this App is strictly prohibited. We reserve all rights and remedies available to us.

Transmitting and receiving real-time updates to and from this App, require an online  connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment. You are responsible for any charges you incur while downloading and/or using this App.

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS APP OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS APP. THIS APP AND ALL OF ITS CONTENT  ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, GREENOWL, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS APP, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS APP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GREENOWL, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS APP; (C) THAT THE CONTENT OF THIS APP IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS APP WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS APP, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS APP WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS APP. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This App gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Third-Party Licensed Products: Use Subject to License

This App with the routing and mapping services operated by GreenOwl use some of the third-party licensed products from deCarta, TomTom and INRIX.

NEITHER DECARTA, TOMTOM, NOR THEIR SUPPLIERS SHALL BE LIABLE TO THE UNDERSIGNED FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DECARTA AND TOMTOM SHALL HAVE NO MONETARY LIABILITY TO THE UNDERSIGNED FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT.

THE LICENSED PRODUCTS ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS BASIS” AND DECARTA, TOMTOM, AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE.  NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY DECARTA, TOMTOM, OR ANY OF THEIR AGENTS, EMPLOYEES OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY, AND CUSTOMER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION.  THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT.

Your use of this product as an End User is also bounded by the following:

End User shall not use this App to create (or assist in the creation of) a digital map database.  A “digital map database” means a database of geospatial data containing the following information and attributes: (x) road geometry and street names; or (y) routing attributes that enable turn-by-turn navigation on such road geometry; or (z) latitude and longitude of individual addresses and house number ranges.

End User shall not use this App to provide competitive information about TomTom or its products to third parties.

This App  may not be used for in-flight navigation.

End Users will release deCarta, INRIX, and their suppliers from any and all liability, and from all damages of whatever nature, in relation to the use, operation, content, availability, or sublicense of the INRIX Data or any part thereof;

deCarta, INRIX, and their suppliers will be third party beneficiaries to any such agreement;

End Users will expressly agree that their use or access to any of the INRIX Data is subject to such other terms and conditions as are customary in Customer’s industry

 

Links to Third-Party Websites

This App may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. GreenOwl 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Modification and Discontinuation of this App and/or Your Access to this App

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this App (or any portion thereof) and/or the information, materials, products and/or services available through this App (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this App.

GreenOwl also retains the right to block your access to this App and discontinue your use of this App, at any time and for any reason GreenOwl deems appropriate, at its sole and absolute discretion.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by GreenOwl of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law, Jurisdiction and Venue

These Terms of Use will be governed under the laws of the State of New York without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in New York. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

Indemnity

You agree to indemnify and hold GreenOwl, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this App in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this App causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

These Terms of Use May Change

We reserve the right to update or modify these Terms of Use at any time, without prior notice. When we make material changes, we will alert you either by sending a push notification with instructions on how to access the revised Terms of Use or by posting a notice of modification on the main page of this App. Your continued use of this App after we provide such notice constitutes your agreement to be bound by the revised Terms of Use. For your convenience, whenever these Terms of Use are changed, we will update the “effective date” at the top of These Terms of Use.

Entire Agreement

These Terms of Use (together with our Privacy Policy and any click-through agreements applicable to you) contain the entire understanding and agreement between you and GreenOwl with respect to this App and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and GreenOwl with respect to this App and your use of this App.

Questions

If you have any questions about this App or these Terms of Use, please contact us using the following information:

7271 Warden Ave, Markham, ON, L3R 5X5 Canada

contact@greenowlmobile.com