Terms of Use

Last modified: 8 March 2018

The terms of use (the “Terms“) described below govern your use of LRI’s application (the “LRI Product“) on the Internet or in cellular media. The LRI Product includes LRI’s proprietary software and any service provided by LRI. By using the LRI Product, you agree with LRI, to the Terms and that the Terms constitute a legally binding agreement between LRI and you.

BEFORE USING THE LRI PRODUCT, PLEASE ENSURE THAT YOU CAREFULLY READ THE TERMS AND ARE AWARE OF YOUR RIGHTS AND OBLIGATIONS, AND THE LIMITATIONS, FORMING PART OF THE TERMS. IF YOU DO NOT AGREE TO THE TERMS OR ANY OF ITS PARTS, THEN YOU ARE PROHIBITED AND MUST REFRAIN FROM USING THE LRI PRODUCT. THE LRI PRODUCT MAY NOT BE USED IN ANY WAY THAT IS NOT EXPRESSLY PERMITTED BY THE TERMS.

ESSENTIAL CONDITIONS

You agree to the following:

(i)            You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of, and reliance on, the LRI Product, and your use of, or reliance on, the LRI Product is made entirely at your own risk.

(ii)           You must always drive carefully and according to road conditions, and strictly obey all traffic laws (collectively, the “Traffic Laws”) including, without limitation, road signs, direction, time and lane restrictions, road blocks, traffic lights, stop and yield signs, police instructions, etc. THE TRAFFIC LAWS ALWAYS PREVAIL NOTWITHSTANDING ANY ATTEMPT YOU MAY WISH TO MAKE TO AVOID ANY POTHOLES, DELAYS OR DEAL WITH ANY OTHER ROAD CONDITIONS.

(iii)          While driving, you must NEVER use the LRI Product in any manner other than in a hands’-free or oral manner and in compliance with all other applicable laws.

(iv)          The LRI Product uses your location and route information sent by your mobile device on which the LRI Product is installed and activated.  Many features of the LRI Product cannot be provided without utilizing this technology. LRI does not store or use your prior routes made when using the LRI Product.  An Internet connection is required to use the LRI Product. That connection is made solely at your expense, and all associated charges (e.g. mobile data expenses) incurred by your use of the LRI Product are your exclusive responsibility. The amount of those expenses and payment terms are determined by your agreement with your communication service provider (eg. your cellular company).

(v)           LRI hereby grants you a non-exclusive, time-limited, non-transferable, non-sublicensable, and revocable license to use the LRI Product in Canada or the United States for non-commercial purposes, subject to the Terms. This license does not extend to or include a license to use the maps displayed on the LRI Product or any mark, indicator, logo or notation embedded in the maps that are displayed on the LRI Product.

(vi)          You may only use the LRI Product for private and personal purposes, and NOT for any commercial, illegal, immoral or unauthorized purpose. Without limitation, you, whether yourself or through any other means or person, may not, without LRI’s prior express written consent that LRI may withhold at its sole, absolute and unfettered discretion: sell, lease or otherwise transfer, or offer to sell, lease or otherwise transfer, the LRI Product or the data therefrom, or any product that incorporates all or a significant part of the LRI Product, to a third party by any means; engage in scraping, data mining, harvesting, screen scraping, data aggregating, or indexing; use any robot, spider, scraper or other automated means to use the LRI Product for any purpose; copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the LRI Product, or in any way publicly display, perform, or distribute the LRI Product; make any use of the LRI Product on any website or computer network; create a browser or border environment around the LRI Product; interfere with or violate the rights (intellectual or other) of any third party; transmit or otherwise make available in connection with the LRI Product any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; interfere with or disrupt the operation of the LRI Product or the servers or networks that host the LRI Product, or disobey any requirements, procedures, policies, or regulations of such servers or networks; or create a database by systematically downloading and storing all or any of the information from the LRI Product.

(vii)         LRI may, either partially or in its entirety and without being obligated to provide prior notice, modify, adapt or change the LRI Product or any aspect related to the LRI Product. You will have no claim, complaint or demand against LRI for applying such changes or for failures incidental to such changes.

TERMINATION

You may terminate your use of the LRI Product at any time, for whatever reason, and without notice or obligation to LRI. If you would also like for LRI to delete your LRI account and your personal information contained in the account, please use the “Delete Account” function in the LRI Product.  After LRI receives your request, LRI will use reasonable efforts to delete that information; however, your information may be retained on LRI’s back-up systems for a period of time.

LRI retains the right to terminate your access to, and right to use, the LRI Product at any time and for any reason LRI deems appropriate, at its sole, absolute and unfettered discretion.

COPYRIGHT

All intellectual property rights in and to the LRI Product and its database, including copyrights, trademarks, industrial designs, patents and trade secrets, are either the exclusive property of LRI or are licensed to LRI. The LRI Product is protected by applicable copyright and other laws. LRI may protect the LRI Product by technological means intended to prevent unauthorized use of the LRI Product. You undertake not to circumvent these means. If you circumvent any of the means taken by LRI to protect the LRI Product from unauthorized use, you must immediately cease any and all use of the LRI Product, and you undertake to do so. Without derogating from LRI’s rights under the Terms or any applicable law, any attempted or actual infringement of this provision will result in the termination of all your rights under the Terms, without notice to you.

LIMITATION OF LIABILITY AND WARRANTY

LRI PROVIDES THE LRI PRODUCT FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE LRI PRODUCT MAY BE INACCURATE, INCOMPLETE OR OUTDATED. LRI HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE LRI PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, OR ACCURACY OF MAPS, ROAD CONDITIONS (POT HOLES), DRIVING DIRECTIONS, OR NAVIGATION ROUTES PRESENTED OR DISPLAYED IN OR BY THE LRI PRODUCT.

Some U.S. jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

LRI exerts efforts to provide you with a high quality and satisfactory LRI Product. However, LRI does not warrant that the LRI Product will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secure from unauthorized access to LRI’s computers, immune from damages, or free of malfunctions, bugs or failures, including, but not limited to hardware failures, or software and communication failures, originating either in LRI or any of its providers.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LRI, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES AND AGENTS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE LRI PRODUCT, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE LRI PRODUCT, OR FROM ANY FAULT OR ERROR MADE BY LRI OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE LRI PRODUCT OR FROM ANY COMMUNICATION WITH THE LRI PRODUCT, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE LRI PRODUCT. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO LRI USING COMMERCIALLY REASONABLE EFFORTS TO CORRECT ANY ERRORS OR MALFUNCTIONS IN THE LRI PRODUCT.

ANY PROVISION OF THIS SECTION TO THE CONTRARY NOTWITHSTANDING, IF LRI IS GROSSLY NEGLIGENT OR ENGAGES IN INTENTIONAL MISCONDUCT, LRI WILL BE LIABLE TO YOU FOR THE LESSER OF (1) ALL DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND (2) ALL AMOUNTS PAID BY YOU TO LRI DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF SUCH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

Some U.S. jurisdictions do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

THIRD-PARTY SITES

The LRI Product may contain links to, or may be accessible through links on, products or websites that are not maintained by LRI.  LRI is not responsible for any content contained on, or otherwise with respect to, such other products and websites.  No link from the LRI Product to another product or website, or from another product or website to the LRI Product, is an endorsement, sponsorship or recommendation by LRI of such other product or website ,and links are provided only for your convenience.  LRI will have no responsibility or liability to you arising from any link between the LRI Product and another product or website.

BREACH AND INDEMNITY

Without derogating from any applicable law, you agree to indemnify and hold harmless LRI and its employees, officers, directors and agents, from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of the Terms. This indemnity covers all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by LRI, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses on a full indemnity basis.

PRIVACY

LRI respects your privacy during your use of the LRI Product. Our updated privacy policy pertaining to the LRI Product is readily accessible at  http://www.liveroads.com/privacy  and is an integral part of the Terms. As our privacy policy is subject to be updated periodically, LRI recommends that you periodically review the policy for updates.  In using the PRI Product, you agree to the provisions of our privacy policy from time to time in effect.

MODIFICATIONS OF THE TERMS

LRI may modify the Terms from time to time. If fundamental changes are made, a notice will be posted in the updated version of the LRI Product as well as on the LRI’s home page. Your continued use of the LRI Product after the Terms have been modified signifies your agreement to the updated Terms. If you do not agree with the updated Terms or to any term within them, you must discontinue all further use of the LRI Product.

GOVERNING LAW AND JURISDICTION

These Terms, the Software and the LRI Product will be governed solely by the laws of Ontario, and Canada as applicable, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to the Terms or the LRI Product, will be under the exclusive jurisdiction of a competent court in Ontario, Canada.

ASSIGNMENT OF RIGHTS

You may not assign or transfer your rights in or to the LRI Product, without the prior written consent of LRI. LRI may assign its rights in and to the LRI Product to a third party at its sole and absolute discretion, provided that the third party undertakes LRI’s obligations to you under the Terms.

COMPLETE TERMS

The Terms shall constitute the entire and complete agreement between you and LRI concerning the LRI Product.

SEVERABILITY

Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law.  If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.

 

NO LEGAL RELATIONSHIP

The Terms and your use of the Product do not create or construe any, partnership, joint venture, employer-employee, agency, franchisor-franchisee or other similar relationship in any way and of any kind between LRI and you.

CONTACT US

You may contact us concerning any question about the LRI Product, through the channels listed on the “About” menu in the Software or through the “Contact Us” page on the LRI website (web address: www.liveroads.com/support). We will make reasonable efforts to address your inquiry promptly.