If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Apps.
The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Hudway.
Road information prevails. The information provided by the Apps is not intended to replace the information provided on the road, such as travel direction, road configuration, speed limits, time-based restrictions, road blockades, traffic signs, traffic lights, police instructions, etc.
Cautious driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to use the Apps for any purpose other than navigation while driving. Do not divert your attention from the road while driving.
Non-continuous updates. The information provided by the Apps may not be accurate, complete or fully up to date. Hudway does not provide any warranties as to credibility or reliability of such information.
(II) Hudway allows you to use the Apps whether or not you choose to set up an account. If you choose to use the Apps without setting up an account you may do so. Note that in order to access certain features of the Apps, you will need to set up a username.
Advertisements. Third party advertisements may appear on the Apps periodically. Hudway does not endorse these advertisements, and the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.
The Internet connection may be required to use the Apps, and any associated charges (e.g. mobile data expenses) incurred by your use of the Apps are your exclusive responsibility and made solely at your expense. The expenses of such Internet 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.
Hudway hereby grants you a non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Apps for non-commercial purposes, subject to these Terms. Your download of the Apps merely gives you a license to use them and does not transfer ownership rights in the Apps in any way.
In order to use the Apps, you must avail yourself with the wireless mobile device and obtain Internet connection. We do not guarantee that the Apps will work with all wireless devices or wireless service plans, at all times, or in all geographic locations. When you use the Apps you may incur certain charges from your wireless carrier according to the terms of your carrier agreement. You are solely responsible for any costs you incur to access or use the Apps through your mobile device.
You agree that you are not entitled to any support, telephone assistance, corrections, updates, upgrades, bug fixes and/or enhancements of the Apps from us.
You may use the Apps solely for private and personal purposes. You may not use the Apps commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Apps; (ii) resell the Apps; (iii) offer to rent or lease the Apps; or (iv) offer the Apps to the public via communication or integrate them within your own application, without the prior written consent of Hudway. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Apps.
You may not copy, print, save or otherwise use data from the Apps' databases. This clause does not limit the use of the database for the purposes of private and personal use of the Apps.
When using the Apps you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Apps' database for any purpose without the express prior written permission of Hudway.
The Apps may not be used in any way that is not expressly permitted by these Terms.
You may not: (i) make any copies of the Apps other than the copy you download on your device, (ii) modify or create any derivative works of the Apps; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Apps, or in any way ascertain, decipher, or obtain the communications protocols for accessing our networks; (iv) use the Apps to develop software or services that access the address space of the Apps or that intercept the proxy; (v) attempt to gain unauthorized access to any of our suppliers', licensors', and distributors' services, accounts, computer systems or networks associated with the Apps; (vi) resell, lease, sublicense or otherwise attempt to transfer rights to the Application; (vii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Application; (viii) block, disable, or otherwise affect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of the Application; (ix) use any of our services associated with the Apps in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them; (x) use the Apps in any way that violates these Terms or any applicable law; or (xi) use the Apps in any way that violates the rights of any third party.
You may terminate your use of the Apps at any time and for whatever reason. You are not obligated to advise Hudway of such termination. However, if you would also like for Hudway to delete your account and your personal information contained in the account, please contact us at email@example.com and ask that your account be deleted. On receiving such a request, Hudway will use reasonable efforts to delete such information, however please note that your information may be retained on our back-up systems for some time.
You represent and warrant that you have adequate legal capacity to review, understand and accept these Terms and that you will use the Apps only for lawful purposes.
All intellectual property rights in and to the Apps, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Hudway or its affiliates.
"Hudway", the Hudway logo, and other trade and/or service marks are the property of Hudway or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Hudway.
The design, trade dress, and the 'look and feel' of the Apps are protected works under applicable copyright laws and Hudway and its affiliates retain all intellectual property rights in them.
Hudway provides the apps and their content on an "As is" and "As available" basis. They cannot be customized to fulfill the needs of each and every user. We hereby disclaim all warranties and representations, either express or implied, with respect to the apps, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, features, quality, non-infringement, title, compatibility, performance, security or accuracy. No oral or written information or advice given by us shall create a warranty. We do not warrant that the apps will meet your requirements or that they will be error-free. The entire risk as to satisfactory quality, performance, accuracy, effort and cost of the apps, if any, is with you.
Additionally and without derogating from the above clause, Hudway disclaims any warranties relating to the accuracy of the maps, content, road conditions, speed limits, speed data, driving directions, or navigation routes presented or displayed in or by the Apps.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Apps, and you further agree and acknowledge that your use of or reliance on the Apps is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws and regulations) while using the Apps.
The information provided by the apps is not intended to replace the information presented on the road. In the event that the information presented on the road (traffic signs, speed limitations, configuration of an intersection, etc.) instructs differently than the apps, you must not rely on the apps.
Hudway strives to provide you with a high quality and satisfactory service. However, We do not warrant that the Apps will operate in an uninterrupted or error-free manner, or that they will always be available or free from all harmful components, or that they are safe, secured from unauthorized access to Hudway's computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, software failures and software communication failures.
Hudway, including its officers, directors, shareholders, employees, sub-contractors and agents will not be liable for any direct, indirect, incidental or consequential damage to any person or property, or any other damage and loss (including, without limitation, loss of profit and loss of data, damage to your mobile device, loss of goodwill, work stoppage, or mobile device failure or malfunction), costs, expenses and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the apps, or from any failure, error, or breakdown in the function of the apps, or from any fault, or error made by our staff or anyone acting on our behalf, or from your reliance on the content of the apps, or from any denial or cancellation of your user account, or from retention, deletion, disclosure and any other use or loss of your content on the apps. In any event, your sole remedy will be limited to correcting such errors, or malfunctions, and in light of the relevant circumstances. By clicking "Accept" on your mobile device prior to completing the download of the apps, you expressly assume risk of any personal injury or other damage occurred as a result of your use or during the use of the apps.
While the Apps do not require any additional equipment to operate, We strongly suggest that you affix your mobile device to the dashboard of your vehicle securely to prevent it from sliding. In the event of an accident, the force applied to your vehicle may cause your mobile device to forcefully shift and come into contact with your body or with the bodies of your passengers and cause personal injuries to you or your passengers. A dashboard mat is not sufficient to prevent your mobile device from sliding or shifting in the event of an accident.
The Apps may include commercial information or advertisements. They may pop up or be displayed during the use of the Apps from time to time. Hudway may post its own ads but more often than not, those are third parties' ads, and as such, Hudway cannot and does not guarantee the reliability or accuracy of those ads. Nor does Hudway endorse the content of third party ads. Additionally and without derogating from the previous sentence, Hudway will not be liable in any way for any damages whatsoever arising out of or related to your reliance on, or in connection with, the use of the content of ads posted on the Apps.
If the ads include links to services, goods or applications not operated or managed by Hudway, We will not be liable for any form of liability arising from your reliance on or use of such services, goods and applications or any information provided by them, including but not limited to their completeness, accuracy, correctness or being up-to-date. Hudway will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via ads or other links on the Apps.
You must not attempt to view or click on any ads while operating a vehicle. You alone are responsible for driving responsibly, and you acknowledge and agree that in the event that you violate the foreoing provision, hudway and the third party advertisers 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, contractual, or in any other form of liability, arising from, or in connection with the display of the ads on the apps or your viewing of the ads while using the apps.
Without derogating from any applicable law, you agree to indemnify and hold harmless Hudway and its employees, officers, directors and agents, as well as all third party advertisers of ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. This indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Hudway, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorneys' fees.
Hudway may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Apps, including their features, functionality, the user interface and design, the extent and availability of the content, and any other aspect related to the Apps. You will have no claim, complaint or demand against Hudway for applying such changes or for failures incidental to such changes.
Hudway may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Apps as well as on our website, www.hudwayapp.com. Your continued use of the Apps after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Apps.
By agreeing to these Terms, you are (1) waiving claims that you might otherwise have against Us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in state or federal courts located in Orange County, California over any disputes or claims you may have against us; and (3) submitting yourself to the personal jurisdiction of courts located in the State of California for the purpose of resolving any such disputes or claims. In addition, you expressly, irrevocably and unconditionally waive trial by jury and any right to proceed as lead plaintiff, class representative, or other representative capacity for any class action proceedings arising out of or relating to these Terms or the Apps in any way.
Should you desire to file any cause of action against Hudway, arising out of or related to the Apps, you must do so within one (1) year of the day you became aware or should have become aware of the cause of action. Failure to file a lawsuit within this timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit and corresponding causes of action.
You agree that your breach or threatened breach of these Terms will cause Us irreparable injury for which recovery of money damages would be inadequate and that We, therefore, may obtain timely injunctive relief to protect our rights under these Terms, in addition to any and all other remedies available to us at law or in equity.
You may not assign or transfer your rights in and to the Apps, without the prior written consent of Hudway. Hudway may assign its rights in and to the Apps to a third party at its sole and absolute discretion.
You may contact us any time with any questions or concerns related to the Apps or these Terms at firstname.lastname@example.org. We will make our best efforts to address your inquiry promptly.
Last modified: March 15, 2016
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