Roadtrippers Terms of Service
Updated: June 23, 2021
Scope of Services, ACCEPTANCE OF TERMS AND MODIFICATIONS.
The Togo Group Companies provide various websites, mobile applications, and other services to enhance your recreational vehicle (“RV”) and road tripping experience for your personal use and enjoyment. The Services include:
- Togo RV: The Togo RV website and mobile application services help RV owners focus on improving their RV experience. The Togo RV services help RV owners locate mobile RV repair, explore nearby camping, and access RV news and educational content. For Togo RV Plus users, the Togo RV services also provide turn-by-turn navigation customized just for RV owners.
- Overnight RV Parking: The Overnight RV Parking website and mobile application services grant users access to the largest database of free RV parking locations in the United States and Canada.
- Roadtrippers: The Roadtrippers website and mobile application allow users to plan road trips and discover new points of interest along the way. The Roadtrippers services also provide turn-by-turn navigation to help you get to your final destination.
The Togo Group Companies provide materials, software, audio and/or visual works, text, content checklists, maps, guides, information, features, tools, offers, promotions, discounts, and other benefits and services (collectively, “Togo Content”) to users through the Apps, Togo RV Plus services, the Roadtrippers Plus services, and other platforms, channels, and forms of online distribution. “Apps” means the websites, mobile applications, and other software applications developed and or distributed by Togo Tech, including the Togo RV website, Togo RV Companion mobile application, Overnight RV Parking website, Overnight RV mobile application, Roadtrippers website, Roadtrippers Trip Planner mobile application, and third-party branded (or “white labeled”) applications. The Togo Content, Apps, Togo RV Plus services, Roadtrippers Plus services, and any other platforms, channels, forms of distribution, products, features, tools, materials, and services provided by the Togo Group Companies are collectively referred to as the “Services” in these Terms.
We may change these Terms in our discretion at any time. Notification of changes to these Terms will be given by publishing a revised version of these Terms on the applicable service to which these Terms are maintained. Your continued use of the Services after any modification(s) will be deemed your acceptance of the Terms as modified. If you do not agree to these Terms as modified, do not use the Services and immediately and delete any App(s) from your devices.
- Age Limitations. The Services are not intended to be used by anyone under the age of 18. If you are under the age of 18 please stop using the Services immediately
YOUR ACCESS AND USE OF THE SERVICES.
- Account Details. You must keep your Account details secure and must not share them with anyone else. We are not liable for any loss or damage arising from your failure to comply with these requirements. Failure to protect your user name, password, and other credentials may allow others to monitor your RV, travel plans, or access your personal information. We will never ask you for your password. You further agree and warrant that all information you provide to us through your Account, including but not limited to any contact information or registration information, is truthful, accurate, and up-to-date. You agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address.
- Third-Party Fees. You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier or Third-Party Service provider(s), as applicable) in connection with your use of the Services.
- Limitations on Services. Not all features of the Services are available in all markets, in all RVs, or at all times.
- Emergency Services. The Services are not intended to be used, and should not be relied upon, to contact emergency services. Always use other means to contact local authorities or emergency services operators in the event of an emergency.
- Changes to Services; Updates. We may, in our sole discretion, for any reason or no reason, with or without notice, change, modify, restrict, limit, discontinue, cancel, or terminate any feature or element of the Services, including, for example, connection to any Integrated Service. Changes may be made, for example, to develop and provide software updates, which may include upgrades, fix defects, improve security, and/or to add, modify, or remove features (collectively, including related documentation, “Updates”). You agree to allow us to remotely make software and firmware Updates in accordance with your device settings. To the extent we are unable to automatically provide Updates, you agree to promptly download and install all Updates and acknowledge and agree that certain features or functionality or portions thereof may not properly operate should you fail to do so. All Updates are subject to these Terms.
INTELLECTUAL PROPERTY; END USER LICENSE
- Reservation of Rights. The Services and (including all Apps and Togo Content displayed, provided or otherwise used in connection with the Services) and any Integrated Services are licensed, not sold, to you. You acknowledge you do not own any right or title to any of the Services or any Integrated Services (except as may be granted in any third-party license terms), and you do not acquire any other rights with respect to the Services or any Integrated Service unless expressly granted in accordance with these Terms. The Services, all Integrated Services, all systems, and all worldwide intellectual property rights therein (including copyrights, trademarks, patents, database rights, and trade secrets) (“Intellectual Property”) are owned by the Togo Group Companies, its licensors, or otherwise by their respective owners. For example, the Togo Group Companies hold a non-exclusive license from HERE to provide location services.
- License Grant. Subject to these Terms, we grant to you a terminable, limited, non-exclusive, and non-transferrable right (without the right to sub-license) to download, install, and use the Services for your own personal, non-commercial use only on a device that you own or control. This license may be terminated in our sole discretion, for any reason or no reason, with or without notice.
- Prohibited Activities. You may not either directly or indirectly, with respect to the Services: (a) make unauthorized copies or distribute or disclose any part of the Services in any medium; (b) modify, adapt, or otherwise create derivative works or improvements; (c) reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code; (d) remove, alter, or obscure r any copyright, trademark, patent, or other Intellectual Property rights notices; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services; (g) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (h) attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers hosting the Services; (i) take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; upload invalid data, viruses, worms or other software agents through the Services; (j) collect or harvest any personally identifiable information, including account names, from the Services; (k) access the Services through any technology or means other than those provided or authorized by the Services; (l) stalk, harass, bully or harm another individual; (m) impersonate any person or entity or misrepresent your affiliation with a person or entity; (n) interfere with or disrupt the Services; or (o) hack, spam or phish us or other users.
- Open Source Software. The Services may contain or be used in connection with content or software subject to open source or free software licenses (“Open Source Software”). The Open Source Software is not subject to the terms and conditions of this Agreement. Instead, Open Source Software is subject to the terms of the end user license which accompanies such software. Nothing in this Agreement limits your rights under, or grants you rights which supersede, the terms and condition of any Open Source Software end user license which may apply.
The Services may enable you and other users to use or post text, data, photos, videos, graphics, tags, messages, reviews, ratings, location information, or other content directly in the Services or through the Services (“Content”). By using or posting Content in, or, or through the Services, you automatically grant us an irrevocable, perpetual, fully paid, worldwide, royalty-free, transferable (with the right to sublicense) license to publish, copy, transmit, reproduce, adapt, modify, translate, perform, transmit, sell, exploit, and otherwise use Content in connection with the Services in any form, medium, or technology now known or later developed. You represent and warrant that Content you post is your own original creation, you have all rights necessary to use or post Content as discussed herein, and such use or posting will not infringe upon the rights of any third parties. You irrevocably waive, and cause to be waived, against the Togo Group Companies and its users any claims and assertions of moral rights or attribution with respect to 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.
We may allow you or third parties to post Content for hosting and display through the Services. The Services are only acting as a repository of data. We make no guarantees as to the validity, accuracy or legal status of any user Content. We disclaim any and all liability for any Content posted, emailed, transmitted, or otherwise made available via the Services. The opinions expressed in postings or other Content on the Services may not represent our views or opinions or our third-party business partners, advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content. Any Content on the Services is provided “as is.” You should be aware that your use of and reliance on Content is at your own risk.
We are not required to host, display, or distribute any Content and we may refuse to accept or transmit Content, and may remove or delete Content from the Services at any time. We have no obligation to review, monitor, delete, or edit the Services, including user Content. However, you acknowledge and agree that we have the right to do so at any time in our sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Content. You acknowledge, consent, and agree that we may access, preserve, and disclose any inappropriate conduct, your account information, and any Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect our rights, property, or personal safety, our third-party business partners, affiliates, personnel, other users, and the public.
- Safe Operation. The information provided through the Services, particularly through turn-by-turn in-app navigation services, is not intended to replace the information provided on the road such as traffic signs, traffic signals, and any other restrictions. You represent and warrant that you will always pay attention to road conditions and road information, and obey applicable traffic laws.. Especially with regard to turn-by-turn in-app navigation services, you are strictly forbidden from non-verbally interacting with the Services while actively driving. You may only interact with the Services in a non-verbal manner once you have stopped your vehicle in a safe and appropriate location in accordance with applicable traffic laws. Alternatively, you can have a passenger interact with the Services in a non-verbal manner that does not interfere with the driver’s operations on the road.
- Trip Planning. The Services may be used for general trip planning purposes. Although the Togo Group Companies strive to provide the most accurate maps and information possible, the Togo Group Companies cannot guarantee that any use of the Services will result in any desired results for you. the Togo Group Companies cannot guarantee that all locations are accurate on our maps. In some instances the Togo Group Companies may use third-party data from Google Maps, Mapbox, and HERE Technologies. Although third-party data is generally accurate, errors may occur.
- RV Service, Tire Discount Program, Maintenance, and Operation. The Services may provide you with notifications about service and maintenance of your RV and information and suggested checklists concerning RV service and operation. Notifications of service and maintenance are estimates only. Your actual mileage and service and maintenance needs may vary from the notifications the Services provides. Likewise, information and checklists concerning vehicle service, maintenance, and operation are intended to assist you, but do not replace the recommendations in your RV’s owner manual. You are responsible for confirming your actual service, maintenance, and operational needs. Consult your RV’s owner’s manual, contact the manufacturer of your RV, or contact an authorized local service provider for more details. The Services also include a proprietary Tire Discount Finder feature to make it easier for you to find new tires and redeem discounts. Follow the recommendations of the manufacturer of your vehicle and the tire manufacturer. You are responsible for selecting the proper tires for your RV and the Togo Group Companies will not be liable for any issues associated with tire purchases, including purchases of the wrong tires for your RV.
- RV Parking. The Services may provide information related to overnight RV parking locations. This information may be inaccurate or incomplete, and the information may not reflect changes in owners, rules, ordinances, or laws. Parking locations may be subject to availability and seasonality. You acknowledge that any use or reliance on overnight RV parking location information is at your own risk and it is your responsibility to verify your right to park. You further acknowledge and agree to rely on your own judgment and take into account real-world conditions when parking. You are responsible for your own conduct and must observe all applicable ordinances, laws, and rules when parking and always comply with the directions of the owner of the property.
- Mapping and Satellite Imagery. Unless otherwise expressly authorized by us, you acknowledge that no map data may be used to create paper maps. In addition, you acknowledge that satellite imagery is made available for viewing through the Services only and may not be downloaded or otherwise extracted for offline use in any capacity.
- Safe Use of the Services. Although the Togo Group Companies strives to provide the most accurate maps and information possible, the Togo Group Companies cannot guarantee that any use of the Services will result in any desired results for you. The Togo Group Companies cannot guarantee that all locations are accurate on our maps. Location data, map data, GPS, directions, height/weight restrictions for bridges and tunnels, and other features or content included in or accessible through the Services may be inaccurate or incomplete, and may depend on network availability. Any usage or reliance on the information accessible through the Services by you shall be at your own risk and sole responsibility. The Togo Group Companies assume no liability for your use of information provided through the Services. You acknowledge and agree to rely on your own judgment and take into account real-world conditions when using the Services. You are responsible for your own conduct and must observe all applicable laws while using the Services. The Services are not intended to be relied upon in situations where precise data is needed or where inaccurate or incomplete data may lead to death, personal injury, or property damage.
You understand that the Services does not show what is actually taking place in front of you. Any alerts are merely visualizations of data from the Services and may not reflect actual circumstances. Predicted journey distance, arrival times, routes, gas prices, and points of interests are all estimates. The Togo Group Companies do not make any guarantees as to time of arrival, destinations, or locations found on the Services.
- Legal Compliance. You agree to use the Services in compliance with all applicable laws, regulations, and ordinances. You agree that you will not abuse or do anything to damage our business operations, services, reputation, employees, or facilities.
- Premium Features. The Services may allow you to purchase one or more paid subscriptions (each a “Subscription”) to enable access to premium features, content, services, discounts, or other benefits (collectively, “Premium Features”), including those offered in connection with Togo RV Plus and Roadtrippers Plus. Subscriptions renew automatically until cancelled as provided below.
- Subscription Terms. Each Subscription requires a pre-paid contract commitment for a specific length of time specified at the time of purchase (the “Subscription Term”). Subscriptions are typically offered on an annual or monthly basis, but we may occasionally offer Subscriptions for different periods of time. Each Subscription Period begins on the date of purchase. Your access to the Premium Features included in your Subscription will begin at the start of the Subscription Period and will end on the last day of the Subscription Period unless your Subscription is renewed (except as otherwise provided in this Agreement).
- Automatic Renewals. After your initial Subscription Period, your Subscription will automatically renew for additional Subscription Periods of the same length, allowing you to conveniently maintain access to the Premium Features. By purchasing a Subscription, you authorize us to automatically charge your Payment Method upon the end of the initial Subscription Period at the full Subscription price in effect at the time of renewal (plus applicable taxes), without any additional action by you. Promotions and discounts applied to the purchase of your initial Subscription or which may be advertised at the time of renewal are not applicable to automatic renewals.
In order to stop auto renewal of your Subscription, you must cancel your Subscription at least twenty-four (24) hours before the end of your current Subscription Period. If you submit your cancellation request less than 24 hours before the end of your current Subscription Period, your Subscription will automatically renew for the next Subscription Period and the cancellation will be effective at the end of that renewed Subscription Period.
- Lifetime Subscriptions. A “Lifetime Subscription” is a limited offer providing you access to the Premium Features available at the time of your purchase for as long as such Premium Features are available and supported. Your Subscription confirmation will indicate if you have a Lifetime Subscription. We may, in our discretion, stop issuing Lifetime Subscriptions at any time and/or limit participation or eligibility. A Lifetime Subscription may not be transferred to another person and is nonrefundable. We anticipate offering the Premium Features for a long time, but we are not obligated to do so. You understand and agree that a Lifetime Subscription does not guarantee the Premium Features will be available or supported for your lifetime or any other specific period of time. The Lifetime Subscription may not be transferred to another person and is nonrefundable.
- Promotional Offers. We may provide offers, codes, coupons, vouchers or other means (“Offers”) to be used to claim a free or discounted Subscription from time to time. All such Offers expire according to their terms. If no expiration date is provided, such Offers expire six (6) months after issuance. An Offer may not be combined with any other Offer or promotion. All Offers are subject to availability and may be withdrawn in our sole discretion. Not all Premium Features or other Services are available in all areas. We may limit offers to certain users or potential users. Offers will be void where prohibited by law.
- Payment Terms. By starting your Subscription, you agree to pay the Subscription fee and any applicable taxes. The Subscription fee must be paid in full and in advance of each Subscription Period must be paid in full and in advance. All sales are final. No refunds will be given.
You must provide a Payment Method acceptable to us and our Payment Processor. By providing a Payment Method, you authorize us to charge the Subscription fee your Payment Method prior to the start of each Subscription Period unless and until your Subscription is cancelled in accordance with the terms of this Agreement. You represent and warrant that: (a) the Payment Method information you supply to our Payment Processor 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 provider; and (d) you will pay charges incurred by you at the posted prices and all applicable taxes, if any.
If we cannot charge your Payment Method for any reason (such as expiration or insufficient funds), and you have not cancelled your Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the Payment Method as you may update your Payment Method information. This may change the start of your next Subscription Period and may change the date on which you are billed.
We will notify you of any increase in the Subscription fee price and, if required, seek your consent to continue. If we are not required to seek your consent, you will be deemed to have agreed to the increased Subscription fee price upon renewal of your Subscription or payment of the Subscription fee for the next Subscription Period. If you do not agree to a pricing change, you must cancel your Subscription in accordance with the terms of this Agreement.
We may offer a free trial period prior to charging your Payment Method a Subscription fee for a paid Subscription. If you receive a free trial, you acknowledge and agree a paid Subscription will begin immediately upon the end of the free trial period unless you cancel your Subscription at least 24 hours before the end of the free trial period. You will be notified of the length of the paid Subscription Period when activating your free trial. If you do not cancel your Subscription at least 24 hours before the end of the free trial period, we will charge your Payment Method for the full price of the paid Subscription Period.
We reserve the right to cancel your Subscription and/or terminate your account if we are unable to successfully charge your Payment Method with respect to an initial or renewal Subscription.
- How to Cancel Your Subscription. You may cancel your Subscription, change your Payment Method, and review your account details at any time by logging on to your account through the Services or changing your settings via your Apple App Store, Google Play Store, other related mobile application marketplace account, or website where you purchased the Services. If you cancel your Subscription, you will continue to have access to the Premium Features through the end of your current Subscription Period (subject to the other terms herein). No portion of your payment for the current Subscription Period will be refunded.
- Modification, Suspension, and Discontinuation. We regularly make changes to the Services and Premium Features. The Premium Features will change from time to time, and we reserve the right to replace, limit, remove, and change Premium Features. Certain Services and other Premium Features may also be limited or restricted by law or limitations or considerations from third parties. We are not obligated to offer all elements of the Services or Premium Features will be all subscribers at all times, and elements may differ between subscribers. We anticipate continuing to offer the Premium Features, but we reserve the right to change, suspend, or discontinue (temporarily or permanently) some or all of the Services and Premium Features as to some or all users, at any time and with or without notice. You understand and agree that we will not be liable to you for any modification, suspension, or discontinuation of the Services or Premium Features.
COMPLIANCE WITH ALL LAWS AND REGULATIONS
The Togo Group Companies are not responsible for your violation of any laws while using the Services. Users must comply with all local, state, or federal laws regarding your use of the Services. The Services are void where prohibited.
INTELLECTUAL PROPERTY RIGHTS
The Togo Group Companies own and retain all proprietary rights in the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Services contain the copyrighted material, trademarks, and other proprietary information of Togo and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way, in whole or in part, 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 the Togo Group Companies or, if such property is not owned by the Togo Group Companies, 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.
PAYMENTS AND REFUNDS FOR OUR APPS
The Apps made available as part of the Services may either be downloaded, for free or for a fee, through a third-party applications marketplace such as Apple App Store and Google Play Store. Any refunds must be processed through the third-party applications marketplace.
We use a third-party payment processor (the “Payment Processor”) to process any payments made through the Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for these financial transactions, the security of your financial information with respect to these transactions, and any errors by the Payment Processor. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security.
By making payments through the Services, you agree to pay us—through the Payment Processor—all charges at the prices then in effect for any use of such payment processing in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider such as a financial institution, credit card issuer, or other payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
Correction of Errors and Inaccuracies
The information provided through the Services may contain typographical errors or inaccuracies, and may not be complete or current. We therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, discounts, availability overnight RV parking, points of interest, attractions, mapping, satellite imagery, location data, map data, GPS, directions, height/weight restrictions for bridges and tunnels, and other features or content included in or accessible through the Services. Promotional offers and prices (including discounts) are available for a limited time as specified on the Services. Prices, promotions, discounts, and availability are subject to change without prior notice.
REPRESENTATIONS AND WARRANTIES
THE SERVICEs are PROVIDED TO YOU “AS IS” AND on an “as available” basis WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. information accessible through the Services (including but not limited to reminders, educational Content, Checklists, overnight RV parking, points of interest, attractions, mapping, satellite imagery, location data, map data, GPS, directions, and height/weight restrictions for bridges and tunnels) is provided for informational purpose only and for your convenience. Your use or reliance on information provided on the Services shall be at the your own risk and sole responsibility. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Togo, ON ITS OWN BEHALF AND ON BEHALF OF ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OPERATORS, AND OWNERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF Togo CONTENT AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. The Togo Group companies are NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, promotions, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS (including the Togo Content) ON THE Services.
WITHOUT LIMITATION TO THE FOREGOING, the Togo group companies PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE accurate, complete, ERROR-FREE or Virus-free, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY AND TIME TO FILE CLAIMS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL the Togo Group Companies, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OPERATORS, OR OWNERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (a) Death, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND/OR (b) DIRECT DAMAGES IN AMOUNTS GREATER THAN FIFTY U.S. DOLLARS ($50.00).THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR the Togo Group Companies were ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
For Jurisdictions that do not allow the Togo Group Companies to limit their liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then the Togo Group Companies’ liability is limited to the smallest extent possible by law.
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 that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party, 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 the Togo Group Companies’ software is contingent on your agreement with this and all other sections of this Agreement. You agree the Togo Group Companies’ total liability to you is not more than one hundred U.S. dollars ($100.00) or the total amount you spent while using the Services within the last six months, whichever is greater.
You agree to defend, indemnify and hold harmless the Togo Group Companies and their parents, subsidiaries, and affiliated entities, and their respective officers, directors, employees, owners, operators, and agents, from and against any and all claims, judgments, 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 Services;
- your violation of any term of these Terms;
- 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 Services. You also agree that you have a duty to defend the Togo Group Companies against such claims and the Togo Group Companies may require you to pay for an attorney(s) of their 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, the Togo Group Companies may elect to settle with the party/parties making the claim and you shall be liable for the damages as though the Togo Group Companies had proceeded with a trial
FREEDOM OF SPEECH
We allow users to post 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 post their Content to the Services, we are not liable for any Content posted on the Services. Although we may choose to edit or delete any Content as provided in these Terms, we are not required to do so, 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.
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances, and at our sole discretion, we may terminate and/or disable access to and use of the Services by users suspected of infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances, and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”), we will respond promptly to claims of copyright infringement reported to our agent designated to receive notifications of infringement claims (“Designated Agent”). If you are a copyright owner (or authorized to act on behalf of the owner) and believe that your copyrighted work has been infringed, please submit a written notice to our Designated Agent that substantially includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to help us locate the material;
- Information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
The written notice, along with any accompanying items, must be signed and submitted to our Designated Agent at:
Notices to Togo RV and Overnight RV Parking:
ATTN: DMCA Agent (Legal Dep’t)
131 East McMicken Avenue
Cincinnati, OH 45202
Notices to Roadtrippers:
ATTN: DMCA Agent (Legal Dep’t)
131 East McMicken Avenue
Cincinnati, OH 45202
If you send your notice by email, please make sure to write “DMCA Copyright Notice” in the subject line. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response. 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 the Services, 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.
CHOICE OF LAW
These Terms shall be governed by the laws in force in the state of Ohio without giving effect to any principles of conflicts of laws. The offer and acceptance of this contract is deemed to have occurred in the state of Ohio.
FORUM OF DISPUTE
You agree that any dispute arising from or relating to these Terms will be heard solely by the federal and state courts located in Hamilton County, Cincinnati, Ohio and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts.
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 these Terms will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
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 these Terms is found to be unlawful, conflicting with another provision of these Terms, or otherwise unenforceable, these Terms 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 these Terms are deemed to conflict with each other’s operation, the Togo Group Companies shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms 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.
TERMINATION AND CANCELLATION
We may terminate or suspend service, your Account, or the App for violations of these Terms or at our sole discretion, for any reason or no reason, with or without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate these Terms, you are solely responsible for following proper termination procedures. Stop all use of the Services and permanently delete any App(s) or other parts of the Services (included data procured from the Service) that you have downloaded. We may, but are not obligated to, delete or destroy Content you have posted at any time, including immediately upon termination of these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation: ownership provisions; warranties you provide; disclaimers or limitations of warranties; obligations to defend, indemnify and hold harmless; limitations of liability; and the licenses, permissions, and releases you have granted to Togo.
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.
The communications between you and us use electronic means, whether you use the Services or send us e-mails, or whether we post notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form (including via email to the email address associated with your Account); (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you or posts on the Services satisfy any legal requirement that such communications would satisfy if they were in writing. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Services, as permitted under the CAN-SPAM Act. The foregoing does not affect your statutory rights.
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.
CALIFORNIA USERS AND RESIDENTS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about the Togo Group Companies must be addressed to our agent for notice and sent via certified mail to: Agent of Togo Group, 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.