RoadTweets (the “Service”) is comprised of a smartphone software application and a companion Website located at http://roadtweets.com (“Site”). Both are products of C2G,LLC, a Virginia-based limited liability company. In using these products, the User acknowledges and agrees to the following Terms of Use (“Agreement”):
GENERAL CONDITIONS
• We reserve the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will provide prior notice on the Site.
• The Service is designed for entertainment purposes. It is not designed as a commercial application nor should it be used for commercial purposes.
• The Service requires that a User’s location be identified. If you do not want your location identified and publicly shared, you should not use the Service. Also, the Service will not function in areas where your smartphone is unable to detect the location.
• RoadTweets requires that a User have a Twitter account, therefore the Twitter Inc. Terms of Service apply to Users of the Service. If you do not have a Twitter account you can open a free account at http://Twitter.com.
• The Service requires an Internet connection to send tweets.
PROHIBITED ACTIVITIES
The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Site. Additionally, you agree not to:
• (i) ever use the service while operating a vehicle of any kind;
• (ii) access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
• (iii) violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
• (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• (v) "frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization.
PRIVACY POLICY
C2G, LLC believes in protecting your privacy. Please visit http://www.costtodrive.com/privacy_policy.php to review our current Privacy Policy to understand our practices.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR ERRORS. C2G DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE USER CONTENT AND LOCATION INFORMATION DISPLAYED ON THE SITE.
C2G MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THESITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE C2G. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. C2G DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE SITE, ITS SERVERS OR ANY EMAIL SENT FROM C2G, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. C2G HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL C2G (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF C2G HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of C2G.
INDEMNIFICATION
You agree to defend and indemnify C2G and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
• (i) your breach of this Agreement or the documents referenced herein;
• (ii) your violation of any law or the rights of a third party; or
• (iii) your use of the Service.
CONTENT SUBMISSION AND LICENSING
The Service is designed to make it easy to capture and share travel experiences. Please be aware that by submitting content through the Service (“Submissions”), you grant C2G and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submissions. You acknowledge that C2G may choose to provide attribution of your Submissions at our discretion. You further grant C2G the right to pursue at law any person or entity that violates your or C2G’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Site may contain comment boxes or other forums in which you or third parties may post content on the Site ("Interactive Areas"). If C2G provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including C2G;
e. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
f. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files;
h. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
i. Content or links to content that, in the sole judgment of C2G, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose C2G or its affiliates or its users to any harm or liability of any type.
C2G takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is C2G liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, C2G is not liable for any statements, representations or Content provided by its Users in any public forum, personal home page or other Interactive Area. Although C2G has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, C2G reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the the Service. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect C2G's systems and customers, or to ensure the integrity and operation of C2G's business and systems, C2G may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. C2G's right to disclose any such information shall take precedence over any terms of C2G's Privacy Policy.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2009 C2G, LLC. All rights reserved. RoadTweets and Road Tweets are common law trademarks of C2G, LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of C2G. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of C2G and may not be copied, imitated or used, in whole or in part, without the prior written permission of C2G. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by C2G.
Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of either your brand or our brand, please let us know by e-mailing us at feedback@roadtweets.com.
ADDITIONAL TERMS
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the Commonwealth of Virginia, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Virginia, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Service. You agree that all claims you may have against C2G, LLC arising from or relating to the Service must be heard and resolved in a court of competent subject matter jurisdiction located in the state of Virginia. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and C2G as a result of this Agreement or use of the Service.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Service within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and C2G with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and C2G with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
SERVICE HELP
For answers to your questions or ways to contact us, email us at feedback@roadtweets.com or write to us at:
C2G LLC
10018 Colvin Run Road
Great Falls, VA, USA 22066
While RoadTweets is ideal for road trips and car vacations, it is NOT designed for use while driving a vehicle.
DO NOT use RoadTweets while driving.
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