Commuterama's Terms of ServiceBy accessing or using Commuterama’s service ("Services"), you agree to be bound by the following terms and conditions (“Terms”) set forth below. Before you continue, you should read the following Terms, as they form a binding agreement between you and Commuterama, LLC (“Commuterama”), regarding your use of the Services.
1. Use of the Services. Commuterama grants you a non-exclusive, non-transferable license to access Services and the Content (as defined below) within the Services according to the Terms.
2. Restrictions on Use. Unless you have received prior written authorization from Commuterama (or, as applicable, from the provider of particular Content), you must not:
(a) access or use the Services or any Content through any technology or means other than those provided in the Services, or through other explicitly authorized means Commuterama may designate;
(b) copy, translate, modify, or make derivative works of the Content or any part thereof;
(c) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services or Content available to third parties;
(d) reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by applicable law;
(e) use the Services in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data;
(f) delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Services or the Content; or
(g) use the Services or Content with any Services, systems, or applications for or in connection with (i) real time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user's sensor-enabled device; or (ii) any systems or functions for automatic or autonomous control of vehicle behavior.
3. Appropriate Conduct; Compliance with Law and Commuterama Policies. You agree that you are responsible for your own conduct and content while using the Services, and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines Commuterama may make available. By way of example, and not as a limitation, you agree that when using the Services or the Content, you will not:
(a) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
(b) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Services policies or guidelines;
(c) restrict or inhibit any other user from using and enjoying the Services;
(d) interfere with or disrupt Commuterama services or servers or networks connected to Commuterama services, or disobey any requirements, procedures, policies or regulations of networks connected to Commuterama services;
(e) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Commuterama services or Content, or collect information about users for any unauthorized purpose;
(f) submit content that falsely expresses or implies that such content is sponsored or endorsed by Commuterama;
(g) promote or provide instructional information about illegal activities;
(h) promote physical harm or injury against any group or individual;
(i) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; or
(j) access or use the Services on a portable device, such as a mobile phone, while operating a motor vehicle, bicycle, or any other device which requires some degree of concentration to operate safely.
4. Content in the Services. Commuterama Services allow you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, business listings, reviews, traffic, and other related information provided by Commuterama and its users (the "Content"). Additionally, you may choose to access other third party content made available in the Services. You understand and agree to the following:
(a) Map data, traffic, directions, and related Content are provided for planning purposes only. You may find that weather conditions, construction projects, closures, detour route information or other events may cause road conditions or directions to differ from the map results and may change without notice. You should exercise judgment in your use of this Content.
(b) By using the Services, you do not receive any, and Commuterama and/or its users retain all ownership rights in the Content. You may not use, access or allow others to use or access the Content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by Commuterama or by the owner of that Content, in a separate agreement.
5. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.
(A) NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT COMMUTERAMA’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(B) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
(C) IN PARTICULAR, COMMUTERAMA DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(1) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(3) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE, AND
(4) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
(D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMMUTERAMA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
(F) COMMUTERAMA FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(G) SUBJECT TO SECTION 5(A), COMMUTERAMA DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND THE SERVICES, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF THE CONTENT OR THE SERVICES.
(H) SUBJECT TO SECTION 5(A) ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMMUTERAMA SHALL NOT BE LIABLE TO YOU FOR:
(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(2) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(i) ANY CHANGES WHICH COMMUTERAMA MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(ii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(I)THE LIMITATIONS ON COMMUTERAMA’S LIABILITY TO YOU IN SECTION 5(A) ABOVE SHALL APPLY WHETHER OR NOT COMMUTERAMA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
6. Other content
(a) The Services may include hyperlinks to other web sites or content or resources. Commuterama may have no control over any web sites or resources which are provided by companies or persons other than Commuterama.
(b) You acknowledge and agree that Commuterama is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
(c) You acknowledge and agree that Commuterama is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
7. Changes to the Terms
(a) Commuterama may make changes to the Terms from time to time. When these changes are made, Commuterama will make a new copy of the Terms available on Commuterama’s website.
(b) You understand and agree that if you use the Services after the date on which the Terms have changed, Commuterama will treat your use as acceptance of the updated Terms.
8. General legal terms
(a) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
(b) The Terms constitute the whole legal agreement between you and Commuterama and govern your use of the Services (but excluding any services which Commuterama may provide to you under a separate written agreement), and completely replace any prior agreements between you and Commuterama in relation to the Services.
(c) You agree that Commuterama may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
(d) You agree that if Commuterama does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Commuterama has the benefit of under any applicable law), this will not be taken to be a formal waiver of Commuterama’s rights and that those rights or remedies will still be available to Commuterama.
(e) If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
(f) The Terms, and your relationship with Commuterama under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Commuterama agree to submit to the exclusive jurisdiction of the courts located within the county of Los Angeles, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Commuterama shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.