Roadtrippers Terms of Service
Updated: July 10, 2019
1. YOUR ACCEPTANCE
Welcome to the Terms of Service for the Roadtrippers mobile application and website. This is an agreement (“Agreement” or “Terms of Service”) between Roadtrippers LLC (“Roadtrippers”), the owner and operator of Roadtrippers sites and mobile applications (individually or collectively, the “Service”), and you (“you” or “your” or “user(s)”), a user of the Site or Service.
Throughout this document, the words “Roadtrippers,” “us,” “we,” and “our,” refer to our company, Roadtrippers LLC Anything that you submit or transmit through our Service will be referred to as “Content” throughout this Agreement.
2. ROADTRIPPERS DESCRIPTION OF SERVICE
Roadtrippers is a road trip planning application. We help travelers map out interesting places along their routes through the Service. Additionally, we offer large database of attractions that users may find interesting and exciting.
3. USER ACCOUNTS
4. DISCLAIMER AND INFORMATION ACCURACY
The Service is to be used for general planning purposes. Although we strive to provide the most accurate maps and information possible, we cannot guarantee that any use of our Service will result in any desired results for you. We cannot guarantee that all locations are accurate on our maps. In some instances we may use third party data such as Google Maps. Although their data is generally accurate, errors may occur. Please do not rely on our Service at the risk of your safety or the safety of others. You understand that our Service does not show what is actually taking place in front of you. Any alerts are merely visualizations of data from our Service, they may not reflect actual circumstances. Predicted journey distance, arrival times, routes, gas prices, and points of interests are all estimates. We do not make any guarantees as to time of arrival, destinations, or locations found on our Service.
5. POSTING OF CONTENT ON ROADTRIPPERS
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “post”) on the Service or transmit to other users, including text messages, chat, videos, photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to Roadtrippers or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.
You alone are responsible for your Content, and once published, it cannot always be withdrawn. You assume all risks associated with your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by Roadtrippers.
You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Roadtrippers with respect thereto, and agree to indemnify and hold Roadtrippers, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. YOUR LICENSE GRANT TO US FOR YOUR CONTENT
We may use your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Roadtrippers and its users any claims and assertions of moral rights or attribution with respect to your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your Content.
If you reside in the EU or other countries that recognize unalienable moral rights, you grant us the broadest license that is legally allowed under the applicable law.
7. MODIFICATION OF APP
We reserve the right to alter, update, or remove our Service from your system at any time, or demand that you do so. We may conduct such modifications to our App for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
8. OUR LICENSE GRANT TO YOU
We make an App available for downloading on our Site or elsewhere, such as a third party store dedicated to the promotion and sale of apps. When you download our App, you are given the right to download one copy of the App at the price listed, if any.
We grant you a non-commercial personal, non-exclusive, non-sublicenseable, revocable, limited license to use our Service. You acknowledge that we maintain all right, title, and interest in the Service. This means you cannot sell the Service, share your license to use the Service with anyone else, reverse engineer or otherwise attempt to copy our any portion of our Service, or commercially exploit it without our express written permission. Although we may offer our all or a portion of our Service for free, you must still abide by this Agreement, and you must not copy or otherwise use our Service in a manner prohibited by this Agreement. You obtain no ownership rights when you purchase and download our App, but are instead buying (or, in the case of a free download, being given) a license to install and use the App within the confines of this Agreement.
Some of the software included in our App or Site may be offered under an open source license. There may be provisions in the open source license that expressly override some terms of this Agreement. The list of open source libraries which are utilized in our App and/or Site are listed here.
9. PUBLIC ACCESS AND DISPLAY
By submitting any Content to our App or Service you understand that this Content may be viewable by the public. You agree that you are solely responsible for any Content or information posted. Therefore, it is recommended that any Content you store or submit to our Service be tasteful and up to community standards.
10. USE OF ROADTRIPPERS
When using our Service, you are responsible for your use of Roadtrippers, and for any use of Roadtrippers made using your device. You also agree that your use of Roadtrippers is for personal non-commercial use. You agree not to access, copy, or otherwise use Roadtrippers, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by Roadtrippers. Examples of inappropriate uses of Roadtrippers include but are not limited to:
- You will not copy, distribute or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to Roadtrippers servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Roadtrippers grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not upload invalid data, viruses, worms or other software agents through the Service;
- You will not collect or harvest any personally identifiable information, including account names, from the Service;
- You will not use the Service for any commercial solicitation purposes;
- You will not access the Site or Service through any technology or means other than those provided or authorized by the Service;
- You agree to act within the bounds of common decency when using the Service;
- You agree not to stalk, harass, bully or harm another individual;
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree to use our Service only in a safe manner and in compliance with all traffic laws;
- You agree that you will not hold Roadtrippers responsible for your use of our Service;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Roadtrippers;
- You agree not to interfere with or disrupt the Site, App, or Service;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate Content;
- You agree to not violate any law or regulation and you are responsible for such violations;
- You will not use our Service to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content;
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Service, including the de-indexing or de-caching of any portion of our Service from a thirty party’s website, such as by requesting its removal from a search engine;
- You will not upload any Content to our Service that includes any third party intellectual property unless you have permission from the owner of such to use it in the specific manner that you used it;
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Roadtrippers reserves the right to suspend or terminate any account at any time without notice or explanation.
11. APPS AND SITE AVAILABILITY
We do not guarantee that the Service will always be available, work, or be accessible at any particular time via any app store or marketplace. Only users who are eligible to use our Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the Service will work as advertised, or that it will give you the desired results.
Certain features of the Service are offered on a pre-paid, annual or monthly subscription basis. Each subscription has a one month or one year term which begins on the date you place your order and which automatically renews monthly or annually for additional one month or one year terms (each a “Billing Cycle”) unless your subscription is cancelled or Roadtrippers terminates your account, or discontinues the subscription services pursuant to these Terms of Service.
By starting your subscription, you agree to pay the subscription fee and any applicable taxes and service fees (the “Subscription Fee”). Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You will be required to pay in advance of each Billing Cycle and must provide a credit card or other payment method acceptable to Roadtrippers (each a “Payment Method”). By providing a Payment Method for your subscription, you agree Roadtrippers may bill the Subscription Fee to your Payment Method: (a) at the beginning of your subscription or upon expiration of your free trial period, if any, whichever is earlier; and (b) on each subscription renewal date thereafter unless and until your subscription is cancelled, your account is terminated, or the related services are discontinued pursuant to these Terms of Service. You represent and warrant that (a) the Payment Method information you supply to us is true, correct and complete, (b) you are duly authorized to use such Payment Method for the purchase, (c) charges incurred by you will be honored by your Payment Method company, and (d) you will pay charges incurred by you at the posted prices and all applicable taxes, if any.
The pricing and availability of subscriptions and related services is subject to change at any time prior to payment of your next Billing Cycle. Roadtrippers will provide you with advance notice of pricing changes, but we will not notify you of changes in applicable taxes. Once notified, renewal of your subscription will be deemed your acceptance of a pricing change. If you do not agree to a pricing change, you must cancel your subscription before the next Billing Cycle.
All subscription sales are final. No refunds are permitted.
You may cancel your subscription, change your payment method, and review your account details at any time by logging on to your account through our website or mobile application. If you cancel your subscription, you will continue to have access to the subscription services through the end of your current Billing Cycle (subject to the other terms herein). No portion of your payment for the current Billing Cycle will be refunded.
Roadtrippers may cancel your subscription, terminate your account, or discontinue the subscription services at any time and in its sole discretion. If Roadtrippers does so without cause, it will refund any unused amount of your prepaid Subscription Fee beginning on the effective date of such cancellation, termination, or discontinuance and prorated for the remainder of the applicable Billing Cycle. If Roadtrippers cancels your subscription, terminates your account, and/or discontinues the subscription services for cause (including your breach of these Terms of Service or your failure to make any payment when due), it will not refund any prepaid or unused portion of any Subscription Fees, and it may refuse to permit you to reactivate any or all of the Services.
Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.
13. COMPLIANCE WITH ALL LAWS AND REGULATIONS
Roadtrippers is not responsible for your violation of any laws while using the Service. Users must comply with all local, state, or federal laws regarding your use of our Service. Our Service is void where prohibited.
14. INTELLECTUAL PROPERTY RIGHTS
Roadtrippers owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of Roadtrippers and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of Roadtrippers or, if such property is not owned by Roadtrippers, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
15. PAYMENTS AND REFUNDS FOR OUR APP
The Roadtrippers App may either be downloaded, for free or for a fee, through a third party applications marketplace. Any refunds must be processed through the third party applications marketplace.
16. REPRESENTATIONS AND WARRANTIES
Our Service is offered “as-is”, including any errors, bugs or other technical issues. You agree that while using our Service, your results may vary and you may not achieve any desired results. We expressly disclaim all warranties either express or implied. Our site, app, or service may not be fit for a particular purpose and may not work or be applicable where you reside. We make no representations or warranties as to the reasonable skill and care invested in our Service, satisfactory quality of our Service, merchantability of our Service or that our Service is non-infringing of any intellectual property rights. Furthermore, we do not warrant that the functions contained in the Service will meet any requirements or needs you may have, that the Service will operate error free or in an uninterrupted fashion, that any defects or errors in the Service will be corrected, or that the site or service is compatible with any particular platform. Roadtrippers is not obligated to provide you access to our Service. In the event of any problem with the Service, you agree that your sole remedy is to cease using the Service. In the event of any problem with any products or services purchased through our Service, you agree that your sole remedy, if any, is through this agreement.
17. LIMITATION OF LIABILITY
In no event shall Roadtrippers, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from (i) your use or inability to use the Service due to errors, mistakes, or inaccuracies of Service content, (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service, (iii) any interruption, misinformation, incomplete information, or cessation of transmission to or from our software to you, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our site by any third party, (v) any failure of any third party information listed on our site Service, including any failures or disruptions whether intentional or unintentional or (vi) any errors or omissions in our site or service for any loss or damage of any kind incurred as a result of your use of our site or service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor, you hereby waive this section of the California civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our software is contingent on your agreement with this and all other sections of this agreement. You agree our total liability to you is not more than $100 US dollars or the total amount you spent while using our site, app, and service within the last six months, whichever is greater.
You agree to defend, indemnify and hold harmless Roadtrippers and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the Service;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any intellectual property, property, or privacy right; or
- any claim that any of your Content caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
19. FREEDOM OF SPEECH
At Roadtrippers we allow users to create Content which is user-generated and respect the fundamental right to speak freely. However, this is an online community so please be respectful and reasonable while communicating with others. Since third parties independently upload their Content to our Service, we are not liable for any defamatory Content posted on our website if published by a third party. We are a passive service that only hosts Content generated by users; we do not alter or produce any Content submitted. Although we may choose to edit or delete any clearly defamatory or illegal Content, we are not required to, and we reserve all defenses for such speech made available to us by Directive 2000/31/EC or Section 230 of the Communications Decency Act, applicable statutes, the common law and any laws within the European Union or the US Constitution.
20. COPYRIGHT NOTICES
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please fill out this form or send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent, firstname.lastname@example.org or by mail to Agent of Roadtrippers, 131 E McMicken Ave., Cincinnati, OH 45202. Although, the EU does not have a formalized copyright notification procedure, please use the procedure set forth above if you are a resident of the EU.
By using our Service, you promise that you are not located in, under the control of, or a resident or national of any country (or a person, or under the control of any person or entity) on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. In addition, you promise that you are not located in a country that is subject to a United States’ government embargo, or that has been designated by the United States’ government as a “terrorist supporting” country and that you are not listed on any United States’ government list of prohibited or restricted parties.
22. COPPA COMPLIANCE
Roadtrippers and its Services may only be used by persons 13 years and older. If you are under 13 please stop using our Site and App and please do not submit any information to us.
23. CHOICE OF LAW
This Agreement shall be governed by the laws in force in the state of Ohio. The offer and acceptance of this contract is deemed to have occurred in the state of Ohio.
24. FORUM OF DISPUTE
You agree that any dispute arising from or relating to this Agreement will be heard solely by the federal courts located in Hamilton County, Cincinnati, Ohio.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
25. FORCE MAJEURE
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Roadtrippers shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
28. TERMINATION AND CANCELLATION
We may terminate or suspend service, your account, or the App without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Simply delete or destroy the copy of the App that you have downloaded. Cancellation may result in the immediate deletion of any Content that you have submitted to Roadtrippers. Although, your Content may not be accessible we may keep such Content for a reasonably commercial time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using the Service.
31. ELECTRONIC COMMUNICATIONS
The communications between you and Roadtrippers use electronic means, whether you use the Service or send Roadtrippers e-mails, or whether Roadtrippers posts notices on the Service or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Roadtrippers in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Roadtrippers provides to you or posts on the Service satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
32. CALIFORNIA USERS AND RESIDENTS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Roadtrippers must be addressed to our agent for notice and sent via certified mail to: Agent of Roadtrippers, 131 E. McMicken Ave., Cincinnati, OH 45202.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.