Terms of Service

 

WEBSITE TERMS OF USE

Last updated on October 15, 2014.

The website located at myopenroad.com (the “Website”) is owned and operated by My Open Road Corp. (“My Open Road,” “we,” “our” or “us,” as appropriate). These Terms of Use (these “Terms of Use”) govern your access to and use of the Website. If you do not accept these Terms of Use or you do not meet or comply with these provisions, you may not use the Website. If you use the Website, your use will be deemed to be acceptance of the Terms of Use.

  1. Changes to Terms. We may, at any time, for any reason and without notice, make changes to these Terms of Use. Any modifications will take effect when posted to the Website. If you do not or cannot agree to the amended terms, you must cease all use of the Website.

  1. Local Compliance. We make no representation that the Website Content (defined below) on the Website is appropriate pursuant to your local laws or regulations. If the Website or the Website Content, including the services and software described, is contrary to your local laws or regulations, you are not authorized to access or use the Website. If you access this Website from locations outside than the United States, you do so at your own risk and are responsible for compliance with applicable local laws.

  1. Content. “Website Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Website.

  1. License. Subject to your continued compliance with these Terms of Use, we grant you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Website Content for your personal, informational, and non-commercial use.

  1. Restrictions. You may not: (i) remove any trademark or copyright notices contained in any Website Content; (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way exploit any Website Content; (iii) frame any Website Content on another website; (iv) disassemble, decompile or reverse engineer any of the Website Content; (v) attempt to hack, defeat, or overcome any encryption technology or security measures; (vi) interfere with or disrupt the operation of the Website or the servers or networks connected to the Website; or (vii) violate any applicable local, state, national or international law.

  1. Intellectual Property. All Website Content is owned by us and various third parties. Nothing contained on the Website should be construed as granting any license or right to use any of the Website Content without our written permission. All trademarks on the Website, including our logos, are owned exclusively by us and various third parties.

  1. Third Party Websites. We may provide links to various other websites that may contain additional information about our company and products. We do not control or endorse such websites and we are not responsible for their content, nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites.

  1. Materials Sent to Us. Any information, material, or products sent to us will be deemed NOT to be confidential (except as set forth in our []). By sending us any information or material, you grant us an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of those materials and information.

  1. Disclaimer of Warranties. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

  1. Governing Law, Jurisdiction. These Terms of Use shall be governed in all respects by the laws of the State of California, without reference to its choice of law rules. Any lawsuit concerning these Terms of Use or the Website shall be brought only in the courts located in [______, _____], and you expressly consent to the personal jurisdiction and venue of such courts, and waive all objections thereto.

  1. Limitation of Liability. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

  1. Indemnity. You WILL defend, indemnify, and hold and do hereby hold, US, OUR past, present, and future officers, directors, MEMBERS, employees, agents, licensors, LICENSEES, MARKETING PARTNERS, and suppliers, TOGETHER WITH THEIR RESPECTIVE officers, directors, employees, AND agents, harmless from and against any DAMAGES, LOSSES, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use or this website.

  1. Assignability; Severability. We may assign these Terms of Use to an affiliated company or, in the event of a merger, sale or acquisition of us or our assets related to the Website, to the surviving or successor entity. You may not assign these Terms of Use or these rights and obligations without our prior written consent. If any provision of these Terms of Use is determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms of Use shall not be affected thereby and shall remain in force and effect.

  1. Termination. We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice. Sections 6 and 8-14 shall survive any termination of these Terms of Use.