LOCATION SERVICES TERMS OF USE

Last Updated: 07/25/2018

These Terms of Use (“Terms”) apply to your access to and use of the websites, applications and other online products and services, including mobile applications and web portals (collectively, our “Services”), provided by Location Services (“Location Services” or “we, “us,” or “our). 

IF YOU ACCESS OR USE THE SERVICES OR CLICK “ACCEPT” OR “AGREE” WHEN PROMPTED BY us, you are entering into a binding agreement with location services and agree to be bound by these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15, please do not access or use our Services.

If you have any questions about these Terms or our Services, please contact us at 800-588-0097 or you can email us at contact@location-services.com.

1                      Eligibility

You must be at least 18 years of age to access or use our Services. If you are accessing or using our Services on behalf of another company or other legal entity, you represent that you are authorized to accept and bind that company or legal entity to these Terms.

2                      User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide complete and accurate account information and promptly update this information if it changes. You also must maintain the security of your account and not share your access credentials with another party. You will promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for all activities that occur in connection with your account and accept all risks of unauthorized access.

3                      Privacy

Please refer to our Privacy Notice located at portal.location-services.com for information about how we collect, use and disclose information about you. In addition, if you are using our Services for License Plate Recognition (“LPR”) technology, please refer to our Data Usage and Privacy Policy for information on how we collect, use, maintain, share, and disseminate LPR information.

4                      Use of the Services

On the condition that you fully comply with these Terms, Location Services grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services.

5                      User Data

Our Services may allow you to transmit, post, or store certain content and data, including license plate images, scans, time and date stamps, location, and other information (collectively, "User Data"). You grant Location Services a nonexclusive, perpetual, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, translate, and create derivative works from User Data as is required for Location Services to provide its Services to you. 

6                      Prohibited Use of the Services

You may not do any of the following with respect to the Services:

(a)         modify, disclose, alter, translate, or create derivative works of the Services;

(b)         license, sublicense, resell, distribute, lease, rent, lend, transfer, or assign the Services;

(c)         disassemble, decompile, reverse engineer, or otherwise derive the source code any of the software components of the Services or attempt to do any of the foregoing;

(d)         copy, frame, or mirror any part of the Services;

(e)        use any data mining, robots, or similar data gathering or extraction methods;

(f)         interfere with or disrupt the integrity, security, functionality, or performance of the Services;

(g)         attempt to gain unauthorized access to the Services or its related systems or networks; or

(h)         access the Services in order to design or build a similar or competitive product or service.

7                      Restricted Use of Content and Data

 

With respect to any data or content, you may not transmit, post, store or otherwise make available on or through the Services any of the following:

(a)         private information of any other person (including names, email addresses, phone numbers, Social Security numbers and financial information);

(b)         content that is libelous, defamatory, abusive, offensive, or hateful;

(c)         content that is obscene, pornographic, indecent, or sexually explicit or that depicts graphic, excessive, or gratuitous violence;

(d)         data or content that may infringe, misappropriate, or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;

(e)         viruses, corrupted data or other harmful, disruptive, or destructive files or malicious code;

(f)         data or content that you are contractually or legally required to keep confidential or for which you do not have all necessary rights or permissions to disclose or share;

(g)         data or content that would violate any local, state, national or international law; and/or

(h)        data or content that, in Location Services’ judgment, is objectionable, may restrict or inhibit another from enjoying the Services or may expose Location Services or users of the Services to harm or liability of any type.

8                      Obligations that Apply to Your Use of Our LPR Technology Services

If you are using our Services to access LPR data and LPR technology, including our LPR mobile application and related web portals, to locate or recover vehicles that are securitized collateral under installment loans, lease contracts, or rental agreements, you will do all of the following in accordance with applicable law:

(a)        maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect LPR information from unauthorized access, destruction, use, modification, or disclosure;

(b)        implement a usage and privacy policy in order to ensure that the access, use, sharing, and dissemination of LPR information is consistent with respect for individuals’ privacy and civil liberties;

(c)        make the usage and privacy policy available to the public in writing, and, if you have an Internet web site, post the usage and privacy policy conspicuously on that Internet web site;

(d)        provide in your usage and privacy policy the following minimum information:

(i)         the authorized purposes for accessing and using LPR information;

(ii)         a description of the job title or other designation of the employees and independent contractors who are authorized to access and use LPR information and the training requirements necessary for those authorized employees and independent contractors;

(iii)         a description of how the LPR system will be monitored to ensure the security of the information accessed or used, and compliance with all applicable privacy laws and a process for periodic system audits;

(iv)         the purposes of, process for, and restrictions on, the sale, sharing, or transfer of LPR information to other persons;

(v)         the title of the official custodian, or owner, of the LPR information;

(vi)         a description of the reasonable measures that will be used to ensure the accuracy of LPR information and correct data errors; and

(vii)         the length of time LPR information will be retained, and the process you will utilize to determine if and when to destroy retained LPR information.

9                      Use of Location Services Content

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, data and other content contained therein or made available through the Services (collectively, the “Location Services Content”) are owned by or licensed to Location Services and are protected under both United States and foreign laws. Except as expressly stated in these Terms, Location Services and our licensors reserve all rights in and to our Services and the Location Services Content.

Subject to your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use Location Services Content for your own internal business use. You do not have the right to: (a) sell or resell any Location Services Content; (b) copy, reproduce, distribute, publicly perform, or publicly display Location Services Content, except as expressly permitted by us or our licensors; (c) modify the Location Services Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Location Services Content; (d) use any data mining, robots, or similar data gathering or extraction methods; and (e) use Location Services Content other than for their intended purposes. Any use of Location Services Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

10                      Third-Party Service Providers

We may use third-party service providers to carry out work on our behalf, including providing one or more parts of the Services, or to integrate their services with our Services. If you interact with a third-party service linked or otherwise made available through our Services, you may be providing information directly to such third party. The terms and privacy policies of those third-party services will govern your use of those services.

11                      Feedback

Any questions, comments, suggestions, ideas, original, or creative materials or other information you submit about Location Services or our products, Services, or Location Services Content (collectively, “Feedback”), is non-confidential and will become the sole property of Location Services. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

12                      Indemnification

You will indemnify, defend, and hold harmless Location Service, its affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Location Services Parties”) from and against any loss, liability, claim, demand, damages, expenses, or costs (including attorneys’ fees) arising out of or related to (a) your access to or use of our Services; (b) your User Data or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Location Services or the other Location Services Parties.

13                      Disclaimers

We do not control, endorse, or take responsibility for any User Data or third-party content or third-party services available on or through, or linked to by our Services.

Your use of our Services and any third-party services is at your sole risk. Our Services AND THE LOCATION SERVICES CONTENT are provided “as is” and “as available” without warranties of any kind, WHETHER express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Location Services does not represent or warrant that our Services, any third-party services, OR THE LOCATION SERVICES CONTENT are accurate, complete, reliable, current, or error-free. While Location Services attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services, any third-party services, or servers are free of viruses or other harmful components. WHEN You USE OUR SERVICES or any third-party services, YOU assume the entire risk as to theIR quality and performance.

14                      Limitation of Liability

To the fullest extent permitted by applicable law, Location Services and the other Location Services Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if Location Services or the other Location Services Parties have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, the total liability of Location Services and the other Location Services Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services or location services content.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Location Services or the other Location Services Parties.

15                      Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Location Services and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Location Services seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Location Services seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Location Services waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Sacramento, California in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS")1, which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.  

You and Location Services agree that any dispute arising out of or related to these Terms or our Services is personal to you and Location Services and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. 

You and Location Services agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Location Services agree that for any arbitration you initiate, you will pay the filing fee and Location Services will pay the remaining JAMS fees and costs. For any arbitration initiated by Location Services, Location Services will pay all JAMS fees and costs. You and Location Services agree that the state or federal courts of the State of California located in Sacramento have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.  

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Location Services will not have the right to assert the claim.  

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by written notice, emailed to LPRSupport@location-services.com for LPR users and transportation@location-services.com for transport users. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.

16                      Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of California, respectively, sitting in Sacramento, California.

17                      Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will use commercially reasonable efforts to provide advance notice of the changes, and we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

18                      Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

19                      Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

20                      General Terms

These Terms constitute the entire agreement between you and Location Services relating to your access to and use of our Services and Location Services Content. The failure of Location Services to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

 

 

 

 

 

 


 

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