RTN TERMS OF SERVICE
Welcome to RoadtripNation.com!
1. Your relationship with RTN
1.1 Your use of RTN's products, services and web sites (referred to collectively as the"Services" in this document and excluding any services provided to you by RTN under aseparate written agreement) is subject to the terms of a legal agreement between you andRTN. "RTN" means Roadtrip Nation, LLC., whose principal place of business is at 853 West17th Street, Unit A, Costa Mesa, CA 92627, United States. This document explains how theagreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with RTN, your agreement with RTN will alwaysinclude, at a minimum, the terms and conditions set out in this document. These are referred tobelow as the "Universal Terms".
1.3 Your agreement with RTN will also include the terms of any Legal Notices applicable to theServices, in addition to the Universal Terms. All of these are referred to below as the "AdditionalTerms". Where Additional Terms apply to a Service, these will be accessible for you to readeither within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreementbetween you and RTN in relation to your use of the Services. It is important that you takethe time to read them carefully. Collectively, this legal agreement is referred to below as the"Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the UniversalTerms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Servicesif you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by RTNin the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that RTN will treatyour use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal ageto form a binding contract with RTN, or (b) you are a person barred from receiving the Servicesunder the laws of the United States or other countries including the country in which you areresident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms foryour records.
3. Language of the Terms
3.1 Where RTN has provided you with a translation of the English language version of theTerms, then you agree that the translation is provided for your convenience only and that theEnglish language versions of the Terms will govern your relationship with RTN.
3.2 If there is any contradiction between what the English language version of the Terms saysand what a translation says, then the English language version shall take precedence.
4. Provision of the Services by RTN
4.1 RTN has subsidiaries and affiliated legal entities around the world ("Subsidiaries andAffiliates"). Sometimes, these companies will be providing the Services to you on behalf of RTNitself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide theServices to you.
4.2 RTN is constantly innovating in order to provide the best possible experience for its users.You acknowledge and agree that the form and nature of the Services that RTN provides maychange from time to time without prior notice to you.
4.3 You acknowledge and agree that RTN may stop (permanently or temporarily) providingthe Services (or any features within the Services) to you or to users generally at RTN's solediscretion, without prior notice to you. You may stop using the Services at any time. You do notneed to specifically inform RTN when you stop using the Services.
4.4 You acknowledge and agree that if RTN disables access to your account, you may beprevented from accessing the Services, your account details or any files or other content which iscontained in your account.
4.5 You acknowledge and agree that while RTN may not currently have set a fixed upper limiton the number of transmissions you may send or receive through the Services or on the amountof storage space used for the provision of any Service, such fixed upper limits may be set byRTN at any time, at RTN's discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information aboutyourself (such as identification or contact details) as part of the registration process for theService, or as part of your continued use of the Services. You agree that any registrationinformation you give to RTN will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and(b) any applicable law, regulation or generally accepted practices or guidelines in the relevantjurisdictions (including any laws regarding the export of data or software to and from the UnitedStates or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other thanthrough the interface that is provided by RTN, unless you have been specifically allowed to doso in a separate agreement with RTN. You specifically agree not to access (or attempt to access)any of the Services through any automated means (including use of scripts or web crawlers) and
shall ensure that you comply with the instructions set out in any robots.txt file present on theServices.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services(or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with RTN,you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for anypurpose.
5.6 You agree that you are solely responsible for (and that RTN has no responsibility to you orto any third party for) any breach of your obligations under the Terms and for the consequences(including any loss or damage which RTN may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality ofpasswords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to RTN for all activities that occurunder your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agreeto notify RTN immediately through this website.
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with RTN's privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software,music, audio files or other sounds, photographs, videos or other images) which you may haveaccess to as part of, or through your use of, the Services are the sole responsibility of the personfrom which such content originated. All such information is referred to below as the "Content".
8.2 You should be aware that Content presented to you as part of the Services, including butnot limited to advertisements in the Services and sponsored Content within the Services maybe protected by intellectual property rights which are owned by the sponsors or advertisers whoprovide that Content to RTN (or by other persons or companies on their behalf). You may notmodify, rent, lease, loan, sell, distribute or create derivative works based on this Content (eitherin whole or in part) unless you have been specifically told that you may do so by RTN or by theowners of that Content, in a separate agreement.
8.3 RTN reserves the right (but shall have no obligation) to pre-screen, review, flag, filter,modify, refuse or remove any or all Content from any Service. For some of the Services, RTNmay provide tools to filter out explicit sexual content.
8.4 You understand that by using the Services you may be exposed to Content that you may findoffensive, indecent or objectionable and that, in this respect, you use the Services at your ownrisk.
8.5 You agree that you are solely responsible for (and that RTN has no responsibility to you or toany third party for) any Content that you create, transmit or display while using the Services andfor the consequences of your actions (including any loss or damage which RTN may suffer) bydoing so.
9. Proprietary rights
9.1 You acknowledge and agree that RTN (or RTN's licensors) own all legal right, title andinterest in and to the Services, including any intellectual property rights which subsist in theServices (whether those rights happen to be registered or not, and wherever in the world thoserights may exist). You further acknowledge that the Services may contain information which isdesignated confidential by RTN and that you shall not disclose such information without RTN'sprior written consent.
9.2 Unless you have agreed otherwise in writing with RTN, nothing in the Terms gives you aright to use any of RTN's trade names, trade marks, service marks, logos, domain names, andother distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separatewritten agreement with RTN, then you agree that your use of such features shall be incompliance with that agreement, any applicable provisions of the Terms, and RTN's brandfeature use guidelines as updated from time to time.
9.4 Other than the limited license set forth in Section 11, RTN acknowledges and agrees thatit obtains no right, title or interest from you (or your licensors) under these Terms in or to anyContent that you submit, post, transmit or display on, or through, the Services, including anyintellectual property rights which subsist in that Content (whether those rights happen to beregistered or not, and wherever in the world those rights may exist). Unless you have agreedotherwise in writing with RTN, you agree that you are responsible for protecting and enforcingthose rights and that RTN has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices(including copyright and trade mark notices) which may be affixed to or contained within theServices.
9.6 Unless you have been expressly authorized to do so in writing by RTN, you agree that inusing the Services, you will not use any trade mark, service mark, trade name, logo of anycompany or organization in a way that is likely or intended to cause confusion about the owneror authorized user of such marks, names or logos.
10. License from RTN
10.1 RTN gives you a personal, worldwide, royalty-free, non-assignable and non-exclusivelicense to use the software provided to you by RTN as part of the Services as provided to you byRTN (referred to as the "Software" below). This license is for the sole purpose of enabling youto use and enjoy the benefit of the Services as provided by RTN, in the manner permitted by theTerms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivativework of, reverse engineer, decompile or otherwise attempt to extract the source code of theSoftware or any part thereof, unless this is expressly permitted or required by law, or unless youhave been specifically told that you may do so by RTN, in writing.
10.3 Unless RTN has given you specific written permission to do so, you may not assign (orgrant a sub-license of) your rights to use the Software, grant a security interest in or over yourrights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content that you submit, postor display on or through, the Services. By submitting, posting or displaying the content you giveRTN a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce,adapt, modify, translate, publish, publicly perform, publicly display and distribute, in any form,
any Content which you submit, post or display on or through, the Services. This license is for thesole purpose of enabling RTN to display, distribute and promote, in any form, the Services andmay be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for RTN to make such Content available to othercompanies, organizations or individuals with whom RTN has relationships for the provision ofsyndicated services [Note to RTN: are these defined anywhere? Would sharing with Naviancebe included?], and to use such Content in connection with the provision of those services.
11.3 You understand that RTN, in performing the required technical steps to provide the Servicesto our users, may (a) transmit or distribute your Content over various public networks and invarious media; and (b) make such changes to your Content as are necessary to conform and adaptthat Content to the technical requirements of connecting networks, devices, services or media.You agree that this license shall permit RTN to take these actions.
11.4 You confirm and warrant to RTN that you have all the rights, power and authority necessaryto grant the above license.
12. Software updates
12.1 The Software that you use may automatically download and install updates from timeto time from RTN. These updates are designed to improve, enhance and further develop theServices and may take the form of bug fixes, enhanced functions, new software modules andcompletely new versions. You agree to receive such updates (and permit RTN to deliver these toyou) as part of your use of the Services.
13. Ending your relationship with RTN
13.1 The Terms will continue to apply until terminated by either you or RTN as set out below.
13.2 If you want to terminate your legal agreement with RTN, you may do so by (a) notifyingRTN at any time and (b) closing your accounts for all of the Services that you use, where RTNhas made this option available to you. Your notice should be sent, in writing, to RTN's address,which is set out at the beginning of these Terms.
13.3 RTN may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly showsthat you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) RTN is required to do so by law (for example, where the provision of the Services to you is,or becomes, unlawful); or
(C) the partner with whom RTN offered the Services to you has terminated its relationship withRTN or ceased to offer the Services to you; or
(D) RTN is transitioning to no longer providing the Services to users in the country in which youare resident or from which you use the service; or
(E) the provision of the Services to you by RTN is, in RTN's opinion, no longer commerciallyviable.
13.4 Nothing in this Section shall affect RTN's rights regarding provision of Services underSection 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities thatyou and RTN have benefited from, been subject to (or which have accrued over time whilst theTerms have been in force) or which are expressed to continue indefinitely, shall be unaffectedby this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights,obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALLEXCLUDE OR LIMIT RTN'S WARRANTY OR LIABILITY FOR LOSSES WHICHMAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIESOR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FORLOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT ORBREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOURJURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TOTHE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THESERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "ASIS" AND "AS AVAILABLE."
14.3 IN PARTICULAR, RTN, ITS SUBSIDIARIES AND AFFILIATES, AND ITSLICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE ORFREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THESERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWAREPROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THEUSE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THATYOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTERSYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THEDOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINEDBY YOU FROM RTN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANYWARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 RTN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONSOF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITEDTO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOUEXPRESSLY UNDERSTAND AND AGREE THAT RTN, ITS SUBSIDIARIES ANDAFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OREXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSEDAND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOTBE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY ORINDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OFDATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUTNOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OREXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIPOR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSEADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH RTN MAY MAKE TO THE SERVICES, OR FOR ANYPERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES(OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENTAND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY ORTHROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE RTN WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECUREAND CONFIDENTIAL;
15.2 THE LIMITATIONS ON RTN'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVESHALL APPLY WHETHER OR NOT RTN HAS BEEN ADVISED OF OR SHOULD HAVEBEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.1 It is RTN's policy to respond to notices of alleged copyright infringement that comply withapplicable international intellectual property law (including, in the United States, the DigitalMillennium Copyright Act) and to terminating the accounts of repeat infringers.
16.2 RTN operates a trade mark complaints procedure in respect of RTN's advertising business.
17.1 Some of the Services are supported by advertising revenue and may display advertisementsand promotions. These advertisements may be targeted to the content of information stored onthe Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by RTN on the Services are subject to changewithout specific notice to you.
17.3 In consideration for RTN granting you access to and use of the Services, you agree thatRTN may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. RTN mayhave no control over any web sites or resources which are provided by companies or personsother than RTN.
18.2 You acknowledge and agree that RTN is not responsible for the availability of any suchexternal sites or resources, and does not endorse any advertising, products or other materials onor available from such web sites or resources.
18.3 You acknowledge and agree that RTN is not liable for any loss or damage which may beincurred by you as a result of the availability of those external sites or resources, or as a resultof 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.
19. Changes to the Terms
19.1 RTN may make changes to the Universal Terms or Additional Terms from time to time.When these changes are made, RTN will make a new copy of the Universal Terms and any newAdditional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the UniversalTerms or Additional Terms have changed, RTN will treat your use as acceptance of the updatedUniversal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of theServices) use a service or download a piece of software, or purchase goods, which are providedby another person or company. Your use of these other services, software or goods may besubject to separate terms between you and the company or person concerned. If so, the Terms donot affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and RTN and govern youruse of the Services (but excluding any services which RTN may provide to you under a separatewritten agreement), and completely replace any prior agreements between you and RTN inrelation to the Services.
20.3 You agree that RTN may provide you with notices, including those regarding changes to theTerms, by email, regular mail, or postings on the Services.
20.4 You agree that if RTN does not exercise or enforce any legal right or remedy which iscontained in the Terms (or which RTN has the benefit of under any applicable law), this willnot be taken to be a formal waiver of RTN's rights and that those rights or remedies will still beavailable to RTN.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provisionof these Terms is invalid, then that provision will be removed from the Terms without affectingthe rest of the Terms. The remaining provisions of the Terms will continue to be valid andenforceable.
20.6 You acknowledge and agree that each member of the group of companies of which RTN isthe parent shall be third party beneficiaries to the Terms and that such other companies shall beentitled to directly enforce, and rely upon, any provision of the Terms which confers a benefiton (or rights in favor of) them. Other than this, no other person or company shall be third partybeneficiaries to the Terms.
20.7 The Terms, and your relationship with RTN under the Terms, shall be governed by the lawsof the State of California without regard to its conflict of laws provisions. You and RTN agreeto submit to the exclusive jurisdiction of the courts located within the county of Costa Mesa,California to resolve any legal matter arising from the Terms. Notwithstanding this, you agreethat RTN shall still be allowed to apply for injunctive remedies (or an equivalent type of urgentlegal relief) in any jurisdiction.