Terms of Use
Welcome to RouteScouter.comTM (hereafter “Site”). This Site and Service is made available by Route ScouterTM LLC (collectively “Route ScouterTM”, “we”, “us”, or “our”), to provide information and alerts and related services to its users. The terms and conditions set forth herein constitute a legally binding agreement between you and Route ScouterTM regarding the terms which Route ScouterTM offers you access to this Site and Service.
In addition, Route ScouterTM may suspend or discontinue some or all of this Site and/or Service at any time or may elect to charge a fee for access or use of the Site and/or Service.
READ THE TERMS OF USE CAREFULLY BEFORE USING THE SITE OR SERVICE. BY ACCESSING AND USING THE SITE AND SERVICE, YOU AGREE TO BE BOUND AND WILL BE BOUND BY THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE LEAVE THE SITE IMMEDIATELY AND DO NOT USE OR ACCESS THE WEBSITE OR SERVICE AS YOU ARE NOT AUTHORIZED TO DUSE THE SITE OR SERVICE FOR ANY PURPOSE. IF YOU ARE A MINOR AND ARE NOT OF THE AGE OR CAPACITY TO ENTER INTO CONTRACT REVIEW THESE TERMS OF USE WITH YOUR PARENT OR GUARDIAN OR OTHER LEGAL REPRESENTATIVE; IF THEY DO NOT AGRE WITH ANY OF THESE TERMS OF USE, YOU ARE NOT AUTHORIZED NOR PERMITTED TO ACCESS THIS SITE OR USE THIS SERVICE FOR ANY PURPOSE WHATSOEVER. GOVERN YOURSELF ACCORDINGLY.
Definitions
“Site” refers to all content (written or unwritten) and electronic or other data stored, posted, displayed, or otherwise contained on or in the website of www.RouteScouter.com.
“Service” refers to all alerts, notifications, warnings, communication, emails, text messages, broadcasts, or other dissemination of information provided by Route ScouterTM LLC.
Restrictions on Use of Content and Site
©Copyright 2009 Route ScouterTM LLC. All Rights Reserved. You may not copy, display, distribute, download, modify, license, publish, re-disseminate, use, sell, supplement, or otherwise disseminate content or published alerts without the express written authorization of Route ScouterTM.
The Site and Service and all data, information or content that you obtain through use of the Site or Service belongs to Route ScouterTM, its partners, affiliates, contributors or third parties and may be protected by United States and international copyright, trademark, intellectual property and other laws and belongs to Route Scouter, its affiliates, partners, contributors or third parties. All data, information or content provided herein is intended solely to be used in a legally permissible manner.
You may use the Site, Service and Content only for your personal, non-commercial use.
Site Registration
In order to access certain features of the Site and Service, you may be required to provide certain demographic information including your name, address, year of birth on the form provided which may also require you to provide personally indentifiable information such as name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or Service. Our use of any personal information provided to us as part of the registration process is governed by the terms of Privacy Policy.
User Name and Password
For full access to the Site and Service, you will need to register and obtain a username, password, and member number which you will receive through the Site and Service registration process. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. We further reserve the right to terminate the use of any username or account, or to deny access to the Site , Service or any features thereof, to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Site and Service or infringes the rights of others. You are responsible for maintaining the confidentiality of the password, member number, and account, and are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. We cannot and are not liable for any loss or damage arising from your failure to protect your account information.
Submission of Alerts and Information
Route ScouterTM is an Advance Traffic Notification NetworkTM that relies upon users to provide alerts and information regarding traffic related issues. These alerts are forwarded to users in the specified medium. Any registered user may submit alerts. If you elect to submit alerts through the Site and Service, you hereby agree to provide true, accurate, current and complete information for the unrestricted use of Route ScouterTM. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or Service.
By submitting material via the Site or Service, you grant us and anyone authorized by us a royalty free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium for any purpose that we choose. This includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. You also grant us or anyone authorized by us the right to identify you as the author of any of your postings or submissions by name, email address, phone number, or screen name as we deem appropriate. You understand that the technical processing and transmission of the Site and Service, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.
Linking Limitations
You are more than welcome to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship of your website or service by us or our Site unless expressly agree to in writing by Route ScouterTM. You may not, without our prior written consent, frame or inline link any of the content of our Site or incorporate into another website or service any of our material, content or intellectual property.
Disclaimer
Route ScouterTM LLC does not warrant or make any representations regarding the accuracy, timeliness, use, availability, reliability or security of the content of the site or any other web sites linked to or from the site nor does it make any representations or warranties regarding any alerts generated through its services and related alerts. Route ScouterTM LLC is not responsible or liable for inaccurate or outdated information provided via the website, electronic alerts or otherwise. Route ScouterTM LLC does not guarantee nor warrant for any specific purpose, the information contained on the website or distributed via its service. The information is provided by third parties and is only as accurate and reliable as the individual or entity supplying the information. Many steps are taken to ensure that the information provided is accurate and up to date but there is no possible way to guarantee the accuracy of the information conveyed.
Privacy Policy
Route Scouter’sTM collection and use of personally identifiable information about you is subject to our Privacy Policy. For more information please see our full and complete Privacy Policy.
Limitation of Liability
You expressly agree to assume total and complete responsibility for your access to and use of the Site and Service. Route ScouterTM makes no express or implied warranties, representations or endorsements whatsoever with regard to the Site or Service. Route ScouterTM expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, with regard to the site or service or any information contained or disseminated therein (including third party information). Route ScouterTM shall not be liable for any loss or damage arising directly or indirectly from any use of the Site or Service or any information or content contained therein or otherwise disseminated. All information provided, downloaded or otherwise obtained or disseminated through use of the Site is done at the users own discretion and the user accepts complete and absolute risk and is solely responsible for any damage that may result from use of the Site and Service. Route ScouterTM does not and cannot guarantee that files available for downloading through the Site will be free from viruses, worms, or other harmful computer programs or code or other destructive properties.
If you are not in agreement or are otherwise dissatfied with the Site, Service or Content or with the Terms of Use, your sole and exclusive remedy is to stop using the Site and Service. You agree and hereby acknowledge, by your use of the Site and/or Service, your use of the Site and/or Service is at your sole risk. You understand and agree that under no circumstances will Route ScouterTM, its directors, officers, employees, agents or affiliates be liable for any damage whatsoever caused by your use or any other person’s use of the Site or Service whether it be the result of negligence, reckless conduct or an intentional act on the part of Route ScouterTM, its directors, officers, employees, agents or affiliates.
Indemnification
You agree to indemnify and hold harmless, us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representative and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Site or Service, violation of these Terms of Use by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
Warning Regarding Operation of Motor Vehicles an Use of Service or Site
Use of electronic mobile devices whether it be through telephone conversations, text messaging or emailing while driving is dangerous and should never be undertaken by a driver while the vehicle is being operated. DO NOT USE THE SITE OR SERVICE WHILE OPERATING YOUR VEHICLE.
Termination of Use or Access
You agree that in our sole discretion, we may suspend or terminate your account or any part thereof and use of the Site or Service, or any part thereof and remove and discard any materials that you submit to the Site or Service, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your account or use of the Site or Service, or any removal of any materials that you have submitted to the Site or Service. In the event that we suspend or terminate you access to and/or use of the Site or Service, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
Change Without Notice
Route ScouterTM LLC provides this Site and Service to the public free of charge subject to these Terms of Use. The Site and Service are constantly evolving and developing and will change periodically without notice. Users of the Site are solely and fully responsible for verifying and double-checking the accuracy, suitability, completeness and timeliness of the Site and Service for themselves.
Other
This agreement constitutes the entire agreement between you and us with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You may also be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site or Service. In the event of any conflict between any such third-party terms and conditions and these Terms of Use, these Terms of Use will govern. This agreement will be governed by and construed in accordance with the laws of the State of Iowa, without giving effect to any principles of conflicts of law.
If any provision of this agreement is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or Service or these Terms of Use must be filed by you within one year after such claim or cause of action arose or be forever barred.