Terms of Service


Acceptance of Terms

By using Roadtrip Nation ("RTN") services, including website and mobile app (including all content, information and functionality available through the roadtripnation.com domain name and/or mobile app, hereinafter collectively referred to as the "Services"), you agree to be bound by the following terms and conditions of use ("Terms of Use") and the RTN privacy policy ("Privacy Policy"), available at http://roadtripnation.com/legal/privacy and incorporated herein by reference. These Terms of Use and the Privacy Policy apply to your use of the Services. Please do not use the Services if you do not agree to be bound by both the Terms of Use and Privacy Policy.


RTN reserves the right to modify or revise its Terms of Use and/or Privacy Policy, in its sole discretion, at any time. Your continued use of the Services indicates your agreement to be bound by any and all subsequent modifications or revisions. RTN will attempt to notify users whenever it modifies or revises the Terms of Use and/or Privacy Policy, however, we reserve the right to make such modifications or revisions without prior notice to you. RTN recommends that users review the most up-to-date version of the Terms of Use and Privacy Policy periodically at http://roadtripnation.com.


RTN may discontinue, temporarily or permanently, the Services for any reason, at our sole discretion, with or without notice to you

Eligibility

You represent and warrant that you are capable of entering into the terms, conditions, obligations, affirmations, representations and warranties as set forth in the Terms of Use and Privacy Policy. If you are under the age of 13 years of age, you must obtain permission from your parent or legal guardian before using the Services. Please see our Privacy Policy.

Creation of an Account

When you sign up for an RTN account or other service or promotion that requires registration, we ask you to create a non-personally identifiable user name and password and provide certain other personal information (such as your first and last name, and email address). Your personal information will be protected by RTN in accordance with the terms of its Privacy Policy.

Account Security

You understand and agree that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you will be solely responsible to RTN for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you shall notify RTN immediately through this website.

Use of the Services

You agree to use the Services only for purposes that are permitted by these Terms of Use. You further agree that you shall not do any of the following in connection with your use of the Services: (a) access (or attempt to access) the Services by any means other than through the interface that is provided by RTN, unless you have been specifically allowed to do so in a separate agreement with RTN; (b) access 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 as part of the Services; (c) engage in any activity that interferes with or disrupts the Services (or the servers and networks which are used in connection with the Services); and (d) unless you have been specifically permitted to do so in a separate agreement with RTN, reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You understand that by using the Services, you may be exposed to material that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

RTN Intellectual Property Rights

The Services, including text, graphics, videos, images, music, sound, logos, button icons, photographs, editorial content, software, source code, notices, overall appearance, functionality, compilations of individual data, and other material (collectively, "Intellectual Property”), are protected under copyright, patent, trademark, and other intellectual property laws. RTN owns and retains all Intellectual Property in the Services. You may not copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit any Intellectual Property (including but not limited to any source code used in connection with the Services), excluding information that is in the public domain or has been licensed by you to RTN.

User Content

  • All content created, submitted, posted or displayed on or through the Services (e.g. a Share Your Road profile), including the copyright and any other rights therein, is owned solely and exclusively by the creator of such content (the “User Content”). As part of the submission process, you may be asked to agree to additional terms which apply to the User Content and/or your specific activity in connection with certain of the Services, which terms supplement and these Terms of Use. RTN has the right, but not the obligation, to pre-screen, review, flag, filter, modify, edit, refuse or remove any or all User Content which is submitted through the Services. In some cases, RTN may provide tools to filter out explicit sexual content.
  • By submitting, posting or displaying any User Content on or through the Services, you grant to RTN a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute, in all media whether now existing or hereafter created, all such User Content which you submit, post or display on or through the Services. You acknowledge and agree that the license rights granted to RTN in the User Content is for the purpose of enabling RTN to display, distribute and promote, in any form, the Services and all content therein and that the license includes the right for RTN to make such User Content available to companies, organizations and/or individuals with whom RTN has a relationship (collectively, “Partners”) for the provision of services, and to use such User Content in connection with the provision of those services. You understand that RTN, in performing the required technical steps to provide services to our Partners, may (a) transmit or distribute your User Content over various public networks and in various forms of media; and (b) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit RTN to take these actions.
  • You hereby represent and warrant that: (a) the User Content is your own original work; (b) you wholly and exclusively own all rights to the User Content; (c) you are the sole author of the User Content; and (d) when used by RTN as contemplated herein, RTN’s use of the User Content will not will not infringe or violate the rights of any third party anywhere in the world including without limitation, any statutory or common law copyright, trademark or right of privacy or publicity.
  • User Content may be edited before it is submitted to RTN for approval. Once posted, users have the ability to make further edits to their own User Content, which is then re-submitted to RTN for approval. We are reluctant to remove User Content once posted, as doing so would destroy the integrity of our archive and consume a huge amount of manpower. Any request to remove User Content must be submitted in writing to info@roadtripnation.com . To the extent we have used the User Content in some manner as permitted by the license granted to us above, we may not be able to modify our use if you subsequently edit or remove such User Content; however, we will use commercially reasonable efforts to accommodate your request.

Link to the Website

RTN grants you a limited, non-transferable, revocable and non-exclusive right to create a hyperlink to the RTN website solely for your personal, non-commercial use. If you choose to create a hyperlink to the website, you represent and warrant that any website or webpage that contains such a hyperlink will not:

  • duplicate content (including User Content) that has been previously published, uploaded, displayed, transmitted or otherwise made available on the RTN website.
  • imply that RTN endorses any website or webpage, its services or products.
  • misrepresent its relationship with RTN.
  • contain any content or materials that could be considered harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
  • portray RTN in a false, misleading, derogatory or otherwise offensive manner.
  • associate RTN with any products, services or opinions, without its express, written permission.
  • use any trademark without express, written permission of the trademark owner.

Sponsored Content

Some of the Services may be supported by advertising revenue and may display advertisements, promotions and/or sponsored content. Similarly, the RTN website may include hyperlinks to other websites, applications, content or resources. RTN does not continually investigate, monitor or review all such websites, applications, content or resources to ensure their accuracy, completeness or appropriateness, and therefore, the inclusion of any hyperlinks to any such websites, content or resources as part of the Services does not indicate RTN’s approval or endorsement thereof. If you choose to leave the Services to access any third-party websites or applications, you do so at your own risk.

Copyright Infringement Policy

If you believe that your work has been copied and posted on the RTN website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • a description of the copyrighted work that you claim has been infringed.
  • a description of where the material that you claim is infringing is located on the RTN website (and such description must be reasonably sufficient to enable RTN to find the alleged infringing material).
  • your address, telephone number and email address.
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement should be provided to the RTN Copyright Agent at Support@roadtripnation.org or the following address:

Roadtrip Nation
Attn: Copyright Agent
1626 Placentia Ave.
Costa Mesa, CA 92627

Software Updates

The software that you use may automatically download and install updates from time to time from RTN. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit RTN to deliver these to you) as part of your use of the Services.

Indemnification

You agree to defend, indemnify and hold RTN, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Services, including the forums, any content or other material you contribute as part of the Services, or your breach or violation of the law or of these Terms of Use, and/or the Privacy Policy. RTN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with RTN’s defense of such claim.

Disclaimer of Warranties

  • The Services, including, without limitation, all content, functions and materials contained or available thereon, is provided "as is," "as available", without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We hereby disclaim any and all such warranties, express and implied. RTN also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Services or your downloading of any materials from the Services. If you are dissatisfied with the Services, your sole remedy is to discontinue using the Services.
  • We make third party opinions, advice, statements, offers, or other third party information or content available as part of the Services (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. RTN does not: (i) guarantee the accuracy, completeness, or usefulness of any Third-Party Content which may be part of the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears as part of the Services. Under no circumstances will RTN or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted on or available from any part of the Services.

Limitation of Liability

In no event, including but not limited to negligence, shall RTN, any of its affiliates, or any of their directors, officers, employees, agents or content or service providers (including moderators or administrators) (collectively, the "protected entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Services or the content, materials and functions related thereto; your provision of information via the Services, including the forums; or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Services, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users to the extent required by applicable law.

Applicable Law

We control and operate the Services from our offices in the United States of America. We do not represent that materials which are part of the Services are appropriate for use in other locations. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The laws of the State of California will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to any conflict of law provisions.

Arbitration

All parties to these Terms of Use waive their respective rights to a trial by jury. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof) or the Services shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against RTN in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain any class action, class arbitration, or other representative action or proceeding against the RTN.

  • By using the Services, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and RTN or its affiliates (except for matters that may be taken to small-claims court). You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
  • Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If this arbitration agreement is for any reason held to be unenforceable, any litigation against RTN (except for small-claims court actions) may be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

No Waiver

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Termination

RTN may terminate, change, suspend or discontinue any aspect of the Services at any time. RTN may restrict, suspend or terminate your access to the Services if we believe you are in breach of our Terms of Use, Privacy Policy or applicable law, or for any other reason without notice or liability. Additionally, RTN may terminate the privileges of users who are repeat infringers of intellectual property rights.


Updated April 10, 2017