Effective Date: Mar 1, 2013
Your Consent to Other Agreements
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 Canada, 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.
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.
“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
- 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.
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).
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, and TomTom.
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, TomTom, 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 TomTom Data or any part thereof;
deCarta, TomTom, 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 TomTom Data is subject to such other terms and conditions as are customary in Customer’s industry
Links to Third-Party 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.
Governing Law, Jurisdiction and Venue
57 Glen Cameron Rd, Unit East, Markham, ON, L3T 1P3