Terms Of Service
Terms of Service
Effective as of March 15, 2017
Welcome to Tripdots. These Terms of Service are a legal agreement between you and Left Lane Network, Inc. They replace any earlier agreements between us and apply to all Tripdots Services until changed or replaced by new Terms of Service.
PLEASE READ THIS AGREEMENT BEFORE USING ANY TRIPDOTS SERVICES.
LEFT LANE NETWORK DOES NOT PROVIDE TAX ADVISE, PLEASE CONSULT YOUR ACCOUNTANT, TAX PROFESSIONAL OR EMPLOYER FOR YOUR QUALIFIED AND ALLOWABLE MILEAGE DEDUCTIONS AND EXPENSE REIMBURSEMENTS.
These Terms of Service (“Agreement” “Terms”) provide that all disputes between you and Left Lane Network, Inc will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.
BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THIS AGREEMENT IF YOU ARE NOT 18 YEARS OLD OR OLDER. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICES.
Left Lane Network, Inc. (“LLN” “we” or “us”) provides the Tripdots service (the “Product”). We also provide (a) an optional vehicle installable device for the vehicle OBDII port called TripConnect (“TripConnect”), (b) the website located at www.tripdots.com and (any updates thereto) (the “Site”), (c) services through the Site (and any updates thereto) (“Site Services”), and (d) certain software that may be downloaded to your mobile device (and any updates thereto) (“Mobile Software”). As used herein, the term “Services” means the Product, Site, Site Services, TripConnect and Mobile Software. These Terms of Service (“Agreement”) govern your access to and use of the Services.
Using the Service
You may use the Services solely for private and personal purposes. You must not use the Services commercially. For example, you may not offer to third parties a service of your own that uses the Services; you may not resell the Services, offer it for rent or lease, offer it to the public via communication or integrate it within a service of your own, without the prior written consent of LLN.
You must not copy, save or otherwise use the data from the Services’ database. This clause does not limit the use of the database as intended by the Product and for the purposes of private and personal use of the Services.
Non-continuous updates. The information provided by the Services may originate from other users of the Services. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. LLN does not provide any warranties to such information’s credibility or reliability.
Location-based Service. Some features of the Services utilize GPS technology in order to determine your position. These features cannot be provided without utilizing this technology.
The Internet connection is your responsibility and at your expense. Transmitting and receiving real-time updates to and from the Services, require an online (Wi-Fi or 3G/4G/LTE) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
The Services allows all users of the Product to submit and post information and content to other users (“Submissions” or “Content “). For example, support requests, product suggestions and messages. You assume sole responsibility for your Submissions and for the consequences of posting them.
ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO SEND ANY CONTENT – INCLUDING MESSAGES – WHILE DRIVING. YOUR SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT MAY BE SENT BY A PASSENGER OTHER THAN THE DRIVER, PROVIDED IT DOES NOT INTERFERE WITH THE DUE COURSE OF DRIVING AND DOES NOT DISTRACT THE DRIVER.
We may use your Submissions in a number of different ways in connection with the Site, Services and LLN’s business as LLN may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it and/or, distributing it.
It is forbidden to submit Content of any commercial nature (including advertising), unless such posts pertain to Tripdots, the Services, or LLN’s products and LLN has approved them in advance.
When you submit Content to be published by the Services, you must make sure it is lawful. Among others, and for illustrational purposes only, you may not submit any Content
LLN may decline to publish, or immediately delete any Content you submitted, if you have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Services, its users, LLN or any of its agents or affiliates. In such cases, LLN may also prevent you from posting additional Content on the Services. The provisions of this clause are additional to any rights afforded to LLN by any law.
- diminishing or infringing proprietary rights of others, including but not limited to copyrights and trademarks;
- content creating a risk to a person’s safety, security or health;
- content identifying other persons without obtaining their consent to the disclosure of their personally identifiable information, or pertaining to minors and identifying them, their personal information or their address and contact information;
- content that is unlawful, defamatory, libelous or invades the privacy of others;
- that is harassing, offensive, threatening or vulgar;
- that is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
- that encourages conduct that would be considered a criminal offense, or gives rise to civil liability or other lawsuit;
- that promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;
- that falsely expresses or implies that such content is sponsored or endorsed by LLN;
- that does not comply with Federal, state, provincial, local laws where you reside.
Rights in Content
When you submit Content to be published on the Services, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit LLN to publish the Content and exploit all intellectual property rights in and to the Submissions. LLN receives no ownership rights in and to the Content of your Submissions. However, by submitting Content to LLN, you hereby grant LLN and the users of the Services an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to LLN in and to your Submissions is not limited to personal uses, but also extends to any commercial use, at LLN’s sole and absolute discretion. Other users may only use your Content for non-commercial purposes, unless otherwise permitted in advance in writing by LLN (for the purpose of which you authorize LLN to be your agent).
Examination of Content
LLN may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. LLN does not normally use its right to monitor Content and does so only in rare cases.
LLN retains sole discretion to determine which Content will be published, the duration of its publication, its location, design and any other matter pertaining to the publication of Content within the Service. LLN does not guarantee that all Content will be published, in general or for any limited time.
Content submitted by users for publication does not reflect the views of LLN. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
If you need assistance with your account, you may find answers and reach Customer Service at any time by sending an email to support @ tripdots.com.
Your Conduct in Accessing the Services
By accessing the Services, you agree to use the Services, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services. You also agree not to interfere with the servers or networks connected to any portions of the Services or to violate any of the procedures, policies or regulations of networks connected to the Services. You also agree not to impersonate any other person while using the Services, conduct yourself in a vulgar or offensive manner while using the Services, or use the Services for any unlawful purpose
Term and Termination
This Agreement will remain in full force and effect so long as you continue to use or access the Services or until terminated in accordance with its terms. At any time we may (i) suspend your rights to use the Services or (ii) terminate this Agreement, if we in good faith believe that you have used the Services in violation of this Agreement. If you transfer your Product to a new owner, your right to use the Services with respect to the Product automatically terminates, and the new owner will have no right to use the Services under your Account and will need to register for a separate Account with LLN.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
LLN reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice at its sole discretion. You agree that LLN will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
Effect of Termination
Upon termination of this Agreement, your Account and your right to use the Services will automatically terminate and you shall delete/destroy any copies of the Mobile Software in your possession (if any).
To use the Services, you must register for an account with us (“Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any Federal, State, Provincial, Local law or regulation (e.g., you are not located in an embargoed country). You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You may never use another user’s account without permission. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security.
Certain features of the Services are only available on a paid basis (“Paid Services”). You shall pay all fees or charges to your Account in accordance with the pricing and billing terms in effect at the time a fee or charge is due and payable. Prices will be specified on the Site or within the software application billing and payment interfaces and are subject to change. All amounts paid are nonrefundable. LLN charges and collects in advance for use of the Paid Services. By ordering a Paid Service, you hereby authorize LLN to bill your credit card for such Paid Service or to use the preferred payment methods as part of the application commerce such as the Apple App Store. By choosing the option of automatic billing, you hereby authorize LLN to automatically bill your credit card prior to the beginning of each payment period. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate, if less and if applicable. LLN shall be entitled to withhold performance and discontinue the Services until all amounts due are paid in full. LLN’ fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States taxes based solely on LLN’ income. You agree to provide LLN with complete and accurate billing and contact information when direct billing with LLN is in effect. This information includes your name, street address, e-mail address, and phone number. You agree to update this information within thirty (30) days of any change to it. If the contact information you have provided is false or fraudulent, LLN may terminate your access to the Services in addition to exercising any other legal remedies. Products purchased from or via the Services are transported and delivered to you by an independent carrier not affiliated with, or controlled by, LLN. Title to products purchased on the Services, as well as the risk of loss for such products, passes to you when LLN or our supplier delivers these items to the carrier.
LLN cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Automatic Software Updates
We may (from time to time in our sole discretion) develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services (“Updates”). Any Updates are licensed under, and governed by this Agreement. You acknowledge that you may be required to install Updates to use the Services and you agree to promptly install any Updates we provide. In addition, you acknowledge that we may remotely install Updates on your TripConnect device, on your mobile device containing the Product, each without requiring any additional consent or action from you. You hereby consent to LLN remotely installing Updates, as described above. If you do not want such Updates, your sole and exclusive remedy is to terminate this Agreement and cease using the Services. If you terminate this Agreement, you will no longer receive any Updates.
You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services (i.e., the Site, Site Services, TripConnect and Mobile Software) are owned by us or our licensors. The provision of the Product, TripConnect, and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. LLN and its suppliers reserve all rights not granted in this Agreement. You acknowledge that the Product, Product Software, TripConnect and Services may contain information which is designated as confidential by us and that you will not disclose such information without our prior written consent. The Services are licensed to you, not sold, under this Agreement.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place LLN under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, LLN does not waive any rights to use similar or related ideas previously known to LLN, or developed by its employees, or obtained from sources other than you.
Limitations on Use
Links and Pages
LIMITATION OF LIABILITY
IN NO EVENT SHALL LLN BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SERVICES, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED BY, OR ACCESSED THROUGH THE SERVICES, OR FOR THE USE OF, OR ACCESS TO, ANY INFORMATION, PRODUCTS, SOFTWARE, OR SERVICES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF LLN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY.
Left Lane Networks attempts to provide accurate, up-to-date information through the Services. However, the Services information is not guaranteed to always be accurate or up-to-date. You should therefore confirm the accuracy of all information before purchasing or using any Services described on, or available through, the Services.
USE OF THE SERVICES ARE AT YOUR SOLE RISK. ALL INFORMATION, PRODUCTS, AND SERVICES PROVIDED ARE PROVIDED STRICTLY “AS IS,” WITHOUT WARRANTY OF ANY KIND. LLN EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, LLN MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Claims of Copyright Infringement
It is the policy of LLN to respect the intellectual property rights of others. LLN does not condone the unauthorized reproduction or distribution of movies, TV shows, or other copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the LLN service. LLN conforms to claims as outlined by the DMCA at http://www.dmca.com.
Please note that we will not be able to respond to customer service or other unrelated issues submitted through the copyright claims form.
If you elect to seek arbitration, you must first send to LLN, by certified mail, a written Notice of your claim (“Notice”). The Notice to LLN should be addressed to: General Counsel, Left Lane Networks, Inc., 228 Hamilton Ave, 3rd Floor, Palo Alto, CA 94301 (“Notice Address”). If LLN elects to seek arbitration, it will send, by certified mail, a written Notice to the email address used for your Account.
A Notice, whether sent by you or by LLN, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If LLN and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or LLN may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by LLN or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after LLN receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment which will be limited to the amount of the filing fee, unless your claim is for greater than US$10,000.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless LLN and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator).
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of LLN’s last written settlement offer made before an arbitrator was selected (or if LLN did not make a settlement offer before an arbitrator was selected), then LLN will pay you the amount of the award or US$100, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND LLN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LLN agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
You may contact us concerning any question about the Services, through support @ tripdots.com. We will make our best efforts to address your inquiry promptly.