Roadtrippers Terms of Service
Updated: May 1, 2020
- YOUR ACCEPTANCE
This is an agreement (“Agreement” or “Terms of Service”) between Roadtrippers LLC (“Roadtrippers”, “us”, “we” and/or “our”), the owner and operator of Roadtrippers.com, related Roadtrippers websites, and Roadtrippers mobile applications (individually or collectively, the “Service”), and you (“you” or “your” or “user(s)”), a user of one or more of the the Service.
- ROADTRIPPERS DESCRIPTION OF SERVICE
The Service includes road trip planning applications, map features, and information about a variety of points of interest. 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.
- USER ACCOUNTS
- 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.
- POSTING OF CONTENT ON ROADTRIPPERS
You are solely responsible for the content and information that you post, submit, 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 through 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 Posted, 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 Post, 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 defend, indemnify and hold Roadtrippers, its owners, parents, subsidiaries, , affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
- 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. As used in this section, “Use” means to access, use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, prepare derivative works of, and otherwise exploit your Content. Please note that you also irrevocably grant the users of the Service and any Other Media the right to Use your Content in connection with their access of and interactions with the Service 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. 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.
- MODIFICATION OF THE SERVICE
We reserve the right to alter, update, or remove our Service (including but not limited to mobile applications) from your system at any time, or demand that you do so. We may conduct such modifications to our Service 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.
- OUR LICENSE GRANT TO YOU
We make one or more applications (each 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. Each App is part of the Service (unless otherwise stated) and is subject to these Terms of Service.
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. In the case of an App, 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 the Service 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 Service are listed here.
- PUBLIC ACCESS AND DISPLAY
By Posting any Content to our Service you understand that this Content may be viewable by the public. You agree that you are solely responsible for any Content Posted. Therefore, it is recommended that any Content you store or submit to our Service be tasteful and up to community standards.
- USE OF THE SERVICE
You are responsible for your use of the Service, and for any use of the Service made using your device. You also agree that your use of the Service is for personal non-commercial use. You agree not to access, copy, or otherwise use the Service, 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 the Service 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 servers hosting the Service 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 hosting 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 or attempt to 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 any thirty-party website, such as by requesting its removal from a search engine;
- You will not Post any Content to our Service that includes any third-party intellectual property or images of any person other than yourself unless you have permission from the owner of such intellectual property to use it in the specific manner that you used it and/or permission from the person(s) identified or depicted in the Content (and, if under the age of majority in his/her jurisdiction, permission from the each person’s parent or legal guardian);
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.
- SERVICE AVAILABILITY
We do not guarantee that the Service will always be available, work, or be accessible at any particular time, via Internet, any app store or marketplace, or otherwise. 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.
- PAID SUBSCRIPTIONS
The Service (including certain Apps) may allow you to purchase one or more paid subscriptions (each a “Subscription”) to access to Roadtrippers Plus and its premium features, content, services, discounts, or other benefits (collectively, “Premium Features”). Subscriptions renew automatically until cancelled as provided below.
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).
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.
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.
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.
By starting your Subscription, you agree to pay the Subscription fee and any applicable taxes and service fees. 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 credit card or other payment method acceptable to Roadtrippers. 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 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.
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 our website (www.Roadtrippers.com) or a Roadtrippers mobile App. 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 our Service 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 content 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 Service 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 Service and Premium Features as to some or all users, at any time and with or without notice. You understand and agree that Roadtrippers will not be liable to you for any modification, suspension, or discontinuation of the Service or Premium Features.
- 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.
- 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, 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 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.
- PAYMENTS AND REFUNDS FOR OUR APPS
The Apps made available as part of the Service 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.
- REPRESENTATIONS AND WARRANTIES
THE SERVICE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ROADTRIPPERS, ON ITS OWN BEHALF AND ON BEHALF OF ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OPERATORS, AND OWNERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, ROADTRIPPERS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES 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 ERROR-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 ROADTRIPPERS, 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 SERVICE FOR: (a) 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 DOLLARS ($50).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 ROADTRIPPERS WAS 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 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 the negligence of Roadtrippers or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation of Roadtrippers or an officer, employee or agent authorized to communicate on its behalf; 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 parent, subsidiary, and affiliated entities, and their respective officers, directors, employees, owners, operators, 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.
- FREEDOM OF SPEECH
At Roadtrippers 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 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 Posted by users. 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.
- 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 by our through our Service, 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, email@example.com 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.
- 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 Service and please do not submit any information to us.
- 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.
- 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.
- 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.
- 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. Stop all use of the Service and delete or destroy any App(s) or other parts of the Service (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 this Agreement. . All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation: ownership provisions; warranties you provide; dislaimers or limitations of warranties; obligations to defend, indemnify and hold harmless; limitations of liability; and the licenses, permissions, and releases you have granted to Roadtrippers.
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.
- 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.
Because the Service is 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 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.