Terms of Service (Last updated January 22, 2008)
Acceptance of Terms Through Use
WELCOME TO THE GPS DASHBOARD WEB SITE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE (“SITE”). YOUR USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.
Please note that GPS Dashboard reserves the right to update and change these Terms and Conditions from time to time at its sole discretion. Please check the Terms and Conditions periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Service will confirm your acceptance of those changes. In the case of any violation of these Terms and Conditions, GPS Dashboard reserves the right to seek all remedies available in law and equity for such violations.
Title and Ownership
All right, title and interest in and to the Site and to the content and other information available on this Site, including software, (collectively the “Information”) are proprietary to GPS Dashboard and protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms and Conditions are retained by GPS Dashboard.
Limited License to Use Site
The Information at this Site is copyrighted and any unauthorized use of the Information may violate copyright, trademark, and other laws. You may print out or download on a single computer, one copy of the Information found on the Site for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by GPS Dashboard in writing or as allowed by any license terms which accompany or are provided with an individual account. The above notwithstanding, if you are a commercial user of GPS Dashboard products you may print out and use a reasonable number of copies of Information related to those specific GPS Dashboard products solely in connection with your authorized use of such products. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Information or use it for any public display, performance, sale, rental, or for any commercial purpose except as otherwise authorized above; (b) decompile, reverse engineer, or disassemble software Information except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Information; (d) transfer the Information to another person. You agree to prevent any unauthorized copying of the Information.
Termination of this License
If you violate these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Information obtained from the Site.
Products and Services
GPS Dashboard’s obligations with respect to its products and services are governed solely by the Terms and Conditions of sale and agreements under which they are provided. For example, if you download software from this Site, use of the software shall be governed by the provisions of the End User License Agreement or other software license agreement that accompanies or is provided with the software. If you obtain a product or service from GPS Dashboard through this Site that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
Password-Protected Areas and Access
Certain services available through this Site may be accessed from password-protected areas only. Access to and use of any such service from a password protected area is restricted to authorized users only who have met the qualifications required by GPS Dashboard, in its sole discretion, for use thereof. Such services may be provided subject to the Terms and Conditions of a separate use or license agreement applicable to the specific service, and posted at such password-protected area. In the event of a conflict between these Terms and Conditions and provisions contained in any such separate agreement applicable to a specific service available through this Site, you agree that the latter shall be controlling. Distribution of a password to any person or entity not authorized to use the password is prohibited and will result in immediate removal of the password holder’s rights to access this Site in whole or in part.
Copyright and Trademark Information
Copyright information and a current list of United States trademarks owned by GPS Dashboard is set forth atwww.gpsdashboard.com. Any questions concerning their use, or whether a trademark that does not appear on this list is a trademark of GPS Dashboard should be referred to GPS Dashboard’s Intellectual Property department at firstname.lastname@example.org
General Disclaimer and Limitation of Liability
Although GPS Dashboard has attempted to provide accurate information on this Site, GPS Dashboard assumes no responsibility for the accuracy of the information or other materials available herein; nor does GPS Dashboard warrant that the information or other materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Information is free of viruses or other harmful components. Your use of this Site is at your sole risk. GPS Dashboard may change the Information or products mentioned at any time without notice. Mention of non-GPS Dashboard products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION AND OTHER MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, SATISFACTORY QUALITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL GPS DASHBOARD OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY GPS DASHBOARD PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF GPS DASHBOARD OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
User Communications / Chat Rooms, Blogs and other User Forums
This Site may include bulletin board services, blogs, chat areas, forums, communities, personal web pages and other message or communications facilities designed to enable you to communicate with GPS Dashboard (e.g., to provide feedback and suggestions) and with other Site users, and to post, upload, share and submit Information (e.g., text, images, data, etc.) for review by GPS Dashboard, the general public or by members of a public or private community (collectively, “User Communications”). PLEASE BE AWARE THAT USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY; AND THAT BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, PROVIDING OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO THIS SITE YOU UNDERSTAND AND AGREE THAT:
- You are granting GPS Dashboard, its designees, licensees and business partners permission to use your User Communications, including without limitation worldwide, royalty-free non-exclusive, perpetual license rights with right of sublicense to disclose, reproduce, display (publicly or otherwise), perform, adapt, modify, transmit, distribute, have distributed, edit, translate, reformat, create derivative works based on and otherwise use such User Communications;
- GPS Dashboard shall be free to use any ideas, concepts, know-how or techniques contained in the User Communications for any purpose without obligation of compensation or attribution; and
- You warrant and represent that you own or otherwise control all of the rights to your User Communications and that your User Communications will not infringe or violate the rights of any third party.
GPS Dashboard shall have no obligation to monitor the User Communications on the Site. Nor shall GPS Dashboard have an obligation to remove any User Communications that you have opted to input and share with the GPS Dashboard user community absent its receipt of your written request to do so. However, GPS Dashboard reserves the right to review Information posted to the Site and to remove any Information in its sole discretion.
GPS Dashboard does not control or endorse the content, messages or information found in any User Communications and, therefore, GPS Dashboard specifically disclaims any liability with regard to them and any actions resulting from your participation in any Services.
No Misuse of the Site
As a condition of your use of the Site you agree that you will not use the Site or its Information for any purpose that is unlawful or prohibited by the Terms and Conditions. You will be responsible for any costs incurred by GPS Dashboard or any other party (including attorneys fees) as a result of your misuse of the Site. Misuse use includes, but is not limited to:
- Using the Site to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or content; or to defame, harass, stalk, threaten or otherwise violate the legal rights of others.
- Using the Site in such a manner so as to interfere unreasonably with its use by others; or attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;
- Subscription fraud or unauthorized access;
- Uploading, or otherwise making available, files that contain text, images, photographs, software or other Information owned by others that are protected by intellectual property laws (e.g., copyright, trademark, rights of privacy or publicity) and for which you have not received all necessary and legal consents for their use.
- Using any information, images or other material available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
- Advertising, offering to sell or buy goods, or using the Site for business promotional purposes;
- Violating any code of conduct associated with the Site, or any applicable laws or regulations;
- Taking any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others.
UPON A REQUEST BY GPS DASHBOARD, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS GPS DASHBOARD AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, CO-BRANDERS OR OTHER BUSINESS PARTNERS, AND ITS AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE. GPS DASHBOARD RESERVES THE RIGHT, AT IT OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO COOPERATE WITH GPS DASHBOARD IN ASSERTING ANY AVAILABLE DEFENSES.
Removal of Information and Discontinuation of Service; Termination of Authorization to Use Site
GPS Dashboard reserves the right to remove Information or discontinue services available on this Site with or without notice. GPS Dashboard further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.
Links to Third Party Sites
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk. GPS Dashboard does not control, and is not responsible for the accuracy or reliability of any information, Information, data, opinions, advice or statements made on those sites, or about any products found at those sites, or about any search results that may be obtained from using them. GPS Dashboard provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
Linking to the GPS Dashboard Web Site
You may create links to this Site from other sites, but only in accordance with the following guidelines and in compliance with applicable law. A site that links to GPS Dashboard’s website:
- May link to but not replicate the GPS Dashboard content (i.e., Information)
- May refer to our company name or product names in a plain text font and format in accordance with our general trademark usage guidelines, using appropriate wording such as “This way to GPS Dashboard” or “Click here for more information on GPS Dashboard products”.
- Should not create a browser or border environment around GPS Dashboard content
- Should not imply that GPS Dashboard is endorsing it or its products
- Should not misrepresent its relationship with GPS Dashboard
- Should not present false information about GPS Dashboard products or services
- Should not use the GPS Dashboard logo or other trademarks without permission from GPS Dashboard
- Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups
By placing a link on your web site to the Site you agree to promptly remove such link at GPS Dashboard’s request. For information on GPS Dashboard authorized logo and trademark use programs, you may contact email@example.com.
U.S. Government Restricted Rights
Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in these Terms and Conditions, and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14(ALT III), as applicable. Use of the Information by the Government constitutes acknowledgment of GPS Dashboard’s proprietary rights in them.
This Site is administered by GPS Dashboard from its offices in the United States of America. GPS Dashboard makes no representation that Information on this site is appropriate or available for use in locations outside the United States, and accessing them from territories where the Information is illegal is prohibited. You may not use or export or re-export the Information at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
Choice of Law and Forum
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and applicable United States federal law, without reference to “conflicts of laws” provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this Site shall lie exclusively in the Northern District of California; and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.
Except as otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and GPS Dashboard with respect to your use of this Site and supersedes all prior or contemporaneous communication s and proposals (whether oral, written, or electronic) between you and GPS Dashboard with respect to use of this Site. You also may be subject to additional Terms and Conditions that may apply when you use content, Information, software, or services provided by third party providers to this Site. Any rights not otherwise expressly granted by this Agreement are reserved by GPS Dashboard. The failure of GPS Dashboard to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any part of these Terms and Conditions is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. GPS Dashboard reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of GPS Dashboard following any amendment of this Agreement will constitute your acceptance of its revised terms. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern. You agree that any claim or cause of action arising out of or related to the use of GPS Dashboard or this Agreement must be filed within one (1) year after the cause of action arose or be forever barred.
Under California Civil Code Section 1789.3, California GPS Dashboard members receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254. You can also access the California Department of Consumer Affairs through its web site, www.dca.ca.gov.