END USER LICENSE AGREEMENT (“EULA”) EULA:
END USER LICENSE AGREEMENT (“EULA”) FOR MILEAGE TRAKKER PRODUCT AND SERVICES
By using this product and its services, you agree to the terms of the agreement below.
Welcome! The following terms govern your use of MILEAGE TRAKKER PRODUCT AND APPLICATION (“Application”). and related , services. You may use the Application only if you agree to these terms. BY USING THE APPLICATION, YOU SIGNIFY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT” or “LICENSE”). IF YOU DO NOT AGREE, DO NOT INSTALL, OR USE THE PRODUCT OR APPLICATION. This license has the same legal effect as an agreement in writing.
- The Venture Spot and its affiliates and suppliers (“we” or “us” or “The Venture Spot”) provide the Application to you under the terms of this Agreement. In this Agreement, we use the term “you” or “your” to mean you as an individual or such entity in whose behalf you act, if any. We may discontinue or change any feature of the Application at anytime and without notice.
- This Agreement plus (a) any supplemental terms posted below or (b) additional terms that accompany any specific feature, Application or upgrade collectively govern your use of the Application.
- You will own any physical product such as the vehicle on-board vehicle diagnostic device (OBD II) purchased. Our physical products enable the Application for you use. The Application is a license of the Application, not a sale. The Application and any content provided via the Application are protected by copyright and other intellectual property laws and by international treaties. We, our licensors and suppliers own all rights in the Application. Your rights to use the Product and Services are specified in this Agreement and we retain and reserve all rights not expressly granted to you. Any information or content posted or entered by you into the Application shall be the property of The Venture Spot.
- NON-DISCLOSURE. You acknowledge and agree that The Venture Spot may provide certain Confidential and proprietary information during through this agreement (which may include but is not limited to: charts, design documents, marketing information, financial information and/or business plans). You agree to not divulge any confidential or proprietary information without the express written agreement from The Venture Spot unless, (i) the information is in the public domain not released by you; (ii) you lawfully received the information from a third party with no restrictions.
- RIGHT TO USE. During the term of this Agreement, we grant you a personal, limited, non-exclusive, revocable, non-sublicenseable and non-transferable right to use the Application for personal and internal business purposes only.
- You may not: (i) make any copies of the Application other than the copy that you need to operate the Application, (ii) modify or create any derivative works of the Application; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Application, or in any way ascertain, decipher, or obtain the communications protocols for accessing our networks; (iv) use the Application to develop software or services that access the address space of the Application or that intercept the proxy; (v) attempt to gain unauthorized access to any of our or our suppliers’, licensors’, and distributors’ services, accounts, computer systems or networks associated with the Application; (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) incorporate, integrate or otherwise include all or any portion of any of the Application (including the communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with our services or that interconnects any of our services with any other instant messaging or other online service; (ix) use any of our services associated with the Application 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 Application in any way that violates this Agreement or any law; (xi) use the Application in any way that violates the rights of any third party; (xii) use the Application in any way to transmit, directly or indirectly, any unsolicited bulk communications (such e-mails, voice, photos, video, chat or SPIM instant messages); or (xiii) assist any third party to do any of the things described in this paragraph. (xiv) use our names (the words “The Venture Spot,” or misspelling or typographical variation of those words, and whether alone or in conjunction with any other word or phrase), trademarks or service marks in any manner (including use in any metatags or any other “hidden text”) without our prior written or e-mailed consent. We may take any actions or apply any technical remedies to prevent unsolicited bulk communications, viruses or other harmful code from entering, utilizing, or remaining within our computer or communications networks. Any violation of the forgoing will terminate the permission and license granted by us to access and make use of The Venture Spot Mileage Trakker.
- Certain Applications are intended for use with specific services and products provided by us. You may be required to register with us to access and use the Application with our products. You may need some form of log-in credential authorized by us (“User ID”, your email address), so that you can access your account. You must agree to abide by the terms and conditions that apply to your use of your User ID and any interactive online service that you elect to use with the Application.
- YOUR RESPONSIBILITIES. You are responsible for: (a) All activities that occur as a result of the use of the Application through your User ID and devices; (b) Maintaining the confidentiality of any User ID, passwords or log-in credentials; (c) Taking reasonable steps to prevent unauthorized access to confidential information stored in your mobile phone or other wireless device; and (d) Complying with this Agreement and with any and all applicable laws.In addition, you are solely responsible for the Content that you upload, transfer, send, mail, forward, submit, share, post or otherwise provide to us (collectively referred to as “post”) using the Application and for the consequences of posting Content where others and the general public may see the Content. This includes any personal information, such as your home address, the home address of others, or your current location in any location-based services of the Application. You may not submit photographs or videos as a part of your Visitor-Submitted Content that infringes in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity. Once you have posted information about yourself, your family members, friends, or anyone else, such as the location where you or others live or work, it may be difficult or impossible to control the misuse of such information by others or remove the information from the Application or from the services of other entities if the Content is syndicated or cross-posted to other services. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RELEASE OF PRIVATE INFORMATION IN CONTENT YOU POST TO THE APPLICATION. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTACT, INTERACTION, LOSS OF PRIVACY, OR ANY OTHER CONSEQUENCES THAT MAY OCCUR BETWEEN YOU AND ANY OTHER USER OF THE APPLICATION AND OUR SERVICES OR A MEMBER OF THE PUBLIC AND THAT THE ENTIRE RISK IS WITH YOU. We reserve the right to review all Visitor-Submitted Content and to remove, or to refuse to display, any Visitor-Submitted Content in our sole discretion and for any reason. However, we also reserve the right in our sole discretion to display any Visitor-Submitted Content that is submitted to us (or to decline to remove any Visitor-Submitted Content), even if it violates this Visitor Agreement. Once submitted by a visitor, Visitor-Submitted Content may not be revised or deleted by that visitor. You agree that, by submitting any Visitor-Submitted Content to us, you are granting to us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display that Visitor-Submitted Content throughout the world for any purpose and in any media (including for advertising or other commercial use). These rights apply to your name, other personal information, photo, likeness and voice, if included in that Visitor-Submitted Content. You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your Visitor-Submitted Content. If we publish your Visitor-Submitted Content or authorize or license others to do so, your Visitor-Submitted Content may be edited for length or clarity or for any other reason either before or after it is published, it may be attributed to you by name and city (if provided to us) unless you expressly request that you remain anonymous, and it may be attributed to you by your Mileage Trakker User ID (if you have one). You agree that you will not use or reproduce any Visitor-Submitted Content (other than your own) in any manner or in any media, including posting or republishing any such Visitor-Submitted Content on any other Web site. You must notify your wireless carrier immediately if your mobile phone is lost or stolen. We cannot be responsible for what happens if your account information (such as stored User IDs and passwords) becomes known to someone else.
- COPYRIGT COMPLAINTS: We respect the intellectual property of others. If you believe that your work has been copied — by us or by any third party on Mileage Trakker — in a manner that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on Mileage Trakker, including the URL of the page on which it appears or the location within the mobile app; Your address, telephone number and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for notice of claims of copyright infringement on Mileage Trakker can be reached at: The Venture Spot, Attention: Legal Department, P.O. Box 516, Rome, GA 30162-0516.
- You agree to provide requested comments, suggestions, complaints and other feedback about the Application within the timelines requested. You agree that we may, without limitation and for no compensation, use in any manner all comments, suggestions, complaints and other feedback you provide relating to the Application.
- You agree to the prices documented in Appendix A.
- YOUR REPRESENTATIONS. You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Application only for lawful purposes, that you will not violate the rights of others or the terms of this Agreement.
- AUTOMATED UPDATES. We may, but we are under no obligation to, provide updates, patches and fixes (collectively, “Updates”). You may be given the opportunity to choose whether you want all Updates delivered automatically or if you would prefer to be notified when a new Update is ready to be installed, or when we make such Updates available for download. You authorize us to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the Application. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation.
- PERFORMANCE AND USAGE INFORMATION. (a) TECHNICAL INFORMATION. Most of the Application is configured to report back information automatically relating to computer errors arising in connection with use of the Application, without notice to you. Information on your Application’ configuration settings may be included. We use these data to diagnose and improve the Application. (b) FEATURE USAGE INFORMATION. The Application may also provide us with anonymous information about use of the Application’ features. We use this information in the aggregate to improve the Application and determine which Application features and buttons are most popular and useful to its users.(c) PERSONALIZATION. You may be asked to provide us with certain information so that we can personalize content presented to you through the Application. For example, you may be asked for your zip code, which could be used to provide you with relevant products and services offered in your local area.
- This Agreement automatically terminates if you fail to comply with any of its terms. We may terminate this Agreement and for the License granted to you under this Agreement at any time in our sole discretion. You may discontinue use of the Application at your discretion. Upon termination, you must stop all use of the Application and must destroy all copies of the Application that are in your possession. All provisions of this Agreement, except for the license grant in Section 3 above, survive the termination of this Agreement.
- NJUNCTIVE RELIEF. You agree that your breach or threatened breach of this Agreement 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 this Agreement in addition to any and all other remedies available to us at law or in equity.
- DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED HEREIN, THE DATA, THE CONTENT AND THE ANCILLARY MATERIALS INCLUDED IN OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS”; THAT THE VENTURE SPOT MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE DATA, THE CONTENT OR ANY ANCILLARY MATERIALS. WE AND OUR DISTRIBUTORS PROVIDE THE APPLICATION “AS IS” AND WITH ALL FAULTS. WE AND OUR DISTRIBUTORS DO NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND COST OF ANY SERVICE AND REPAIR IS WITH YOU. WE, OUR SUPPLIERS AND DISTRIBUTORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON¬INTERFERENCE, NON-INFRINGEMENT OR ACCURACY, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY OR IN ANYWAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. WE, OUR SUPPLIERS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE APPLICATION. IF ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO 30 DAYS FROM THE DATE YOU ACQUIRED THE APPLICATION FROM US OR OUR AUTHORIZED DISTRIBUTOR.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY CORPORATE PARENT, SUCCESSORS, AFFILIATES, SUBSIDIARIES, THE VENTURE SPOT, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, AGENTS OR DISTRIBUTORS (COLLECTIVELY, “THE VENTURE SPOT”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANYWAY RELATING TO THIS AGREEMENT OR THE ACCESS TO AND THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, OUR ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED AT OUR SOLE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THE VENTURE SPOT IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE APPLICATION AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
- NO SUPPORT OR UPGRADE OBLIGATIONS. While The Venture Spot and its affiliates will make every effort to support any software/application issues that arise, we cannot “guarantee” that the software and/or device will always work or be supportable. To that end that You agree that you are not “entitled” to any support, telephone assistance, corrections, Updates, upgrades, bug fixes and/or enhancements of the Application from us or our distributors.
- IMPORT/EXPORT CONTROL. The Application is subject to export and import laws, regulations, rules and orders of the United States and foreign nations. You must comply with these laws that apply to the Application. You may not directly or indirectly export, re-export, transfer, or release the Application, any other commodities, software or technology received from us, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government.
- ELECTRONIC NOTICES. YOU AGREE TO THIS LICENSE ELECTRONICALLY. YOU AUTHORIZE US TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE APPLICATION (“NOTICES”) IN ELECTRONIC FORM. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Application.
- Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, suppliers and agents and distributors from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Application. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- ENTIRE AGREEMENT. This Agreement and any supplemental terms constitute the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us.
To enable the application, I understand that I must purchase at least one device and three months of report services. Or, if leasing the device, I understand that I must subscribe for a year of reporting services. Multiple devices must be purchased/leased for multiple cars.
Mileage Trakker is an OBD II device and reporting system owned and operated by The Venture Spot (“The Venture Spot”). The Venture Spot has contracted with other vendors to provide access to parts of this product and service.
Our OBD II device is cellular based. From time to time, we might not be able to connect with the device based on cellular service availability. When we are not able to connect with the device, we will not be able to track the mileage you drive. Neither The Venture Spot (Mileage Trakker) nor its contractors can guarantee service in your area.
If, after purchasing/leasing the device, it does not work for any reason, please let us know immediately. If the reason cannot be remedied, we will offer you a refund. NO REFUNDS WILL BE GIVEN BEYOND 45 DAYS OF DEVICE DELIVERY
The Venture Spot and its contracted vendors do not make any guarantees – express or implied – that government entities will accept the mileage tracked and calculated with this product/reporting system for tax purposes.
You will need to tag your trips business or personal and, to keep an accurate mileage log, detail the purpose of the trip as well. The Venture Spot can in no way verify the accuracy of your tagging or the purpose of your trips. We can only establish the actual destination of the vehicle.
This device works with vehicles built for the North American Market from 1996 through the current year. Currently, it is not available for electric vehicles or motorcycles or diesel trucks built before 2006.
You agree that you will not use this product or its services unless and until you have read and agreed to the terms of the End User License Agreement.
Last Updated: December 2014
Privacy & Security Statement
This Privacy Statement explains how your personal information is collected, used and protected when you use the Product and Services (“Mileage Trakker”). In this Statement, the use of “we” and “our” refer to The Venture Spot, owners and operators of Mileage Trakker, and its contracted vendors.
Information We Collect: When you sign up to use Mileage Trakker, we will ask you to provide your first name, last name, business names, physical addresses, email address, vehicle identification number (“VIN”), and current vehicle odometer readings. We may ask you to submit your mobile phone number to contact you incase of emergencies or product feedback.
By using Mileage Trakker you are expressly agreeing, that we have the right to collect your GPS location to obtain vehicle locations, trip mileage and other relevant information.
How We Use the Personal Information We Collect: Your personal information is used to validate and service your Mileage Trakker account to help us optimize and improve our service to you.
Information We Share: We will only share your detailed personal information to third party providers to offer you current features of the Mileage Trakker product and service with your consent, unless otherwise mandated for legal purposes. Your consent to this is implied with the acceptance of our terms during the registration process. We may share aggregated non-personal information with third parties for research and marketing purposes. Certain services offered through the Application may allow you to adjust your privacy settings; please review any information area that accompanies such application for more details and instructions.
Protecting Your Information: We use physical, electronic, and procedural safeguards to protect your personal information. We require our employees to keep personal information confidential. Access to such information is provided only to those employees or contracted vendors who need personal information to perform their duties. In the event of a transfer of ownership of the Mileage Trakker you would be notified and your data would be transferred to the new owner. At that point you would be able to continue service with the new owners or terminate your service at the end of your existing contract.
Last Updated: June 2015