InfoRide Mobile Application End User License Agreement
IMPORTANT. BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS, OBLIGATIONS AND RESTRICTIONS SET FORTH IN THIS END USER LICENSE AGREEMENT (“EULA”).
This EULA is a binding agreement between you (“End User” or “you”) and Worth Advertising Group, Inc. (“Worth Advertising Group”) and not with Apple, Inc. (“Apple”). This Agreement governs your use of the InfoRide Mobile Application (the “App”) and the Inforide.app Website (the “Site”). Worth Advertising Group, not Apple, is solely responsible for the App, Site and its content. Although Apple is not a party to this EULA, Apple has the right to enforce this EULA against you as a third party beneficiary relating to your use of the App. As between you and Worth Advertising Group, you agree that Worth Advertising Group owns all rights, title and interest to the App and Site.
BY DOWNLOADING, INSTALLING, AND/OR USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA; AND (B) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP AND, IF INSTALLED, DELETE IT FROM YOUR DEVICE.
1. Grant of License to the App. Subject to the terms of this EULA, Worth Advertising Group grants to End User a limited, non-exclusive, non-transferable revocable license (“License”) to:
a. download, install and use the App for your personal, non-commercial use on any Apple-branded products, such as an iPhone, iPad or other Apple device owned or otherwise controlled by you (“Device”) strictly in accordance with the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing; and
b. access, download and use on such Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the App strictly in accordance with this EULA.
2. License Restrictions. End User shall not:
a. download or copy the App, except as expressly permitted by the License;
b. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App;
c. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
d. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof;
e. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
f. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App; or
g. use the App for any unlawful purpose.
3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this EULA, or any other rights thereto other than to use the App in accordance with the License granted, and subject to all terms, conditions and restrictions, under this EULA. Worth Advertising Group and its licensors and service providers, if any, reserve and shall retain their entire right, title and interest in and to the App and Site, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA.
6. Third Party Materials. The App or Site may display, include or make available third-party content, including content, information, data, activities, offers, deals, promotions, products, services or advertisements (collectively “Content”), offered by InfoRide partners or provide links to third-party websites or services, including through third-party InfoRide partner advertising (“Third Party Materials”). You acknowledge and agree that Worth Advertising Group is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Worth Advertising Group does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. By providing you a link to these third party Materials, Worth Advertising Group make no representations, warranties, approvals, or endorsements regarding the Content provided or the nature, quality, or accuracy of such Content, or other services made available.
7. Geographic Restrictions. The Content and Services are based in the State of Florida in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
8. Updates. Worth Advertising Group may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Worth Advertising Group has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either: (i) the App will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this EULA.
9. Maintenance and Support. Because the App is free to download and use, Worth Advertising Group does not provide maintenance or support. To the extent that any maintenance or support is required by applicable law, Worth Advertising Group, not Apple, shall be obligated to furnish any such maintenance or support. End User and Worth Advertising Group acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
10. Term and Termination.
a. The term of EULA commences when you download or install the App, or visit the Site and will continue in effect until terminated by you or Worth Advertising Group as set forth in this Section 10.
b. You may terminate this EULA by deleting the App and all copies thereof from your Device, and ceasing all use of the Site.
c. Worth Advertising Group may terminate this EULA at any time without notice and without cause. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this EULA.
d. Upon termination all rights granted to you under this EULA will also terminate; and you must cease all use of the App and delete all copies of the App from your Device.
e. Termination will not limit any of Worth Advertising Group’s rights or remedies at law or in equity.
11. DISCLAIMER OF WARRANTIES. THE APP AND SITE IS PROVIDED TO END USER FOR FREE ON AN “AS IS” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WORTH ADVERTISING GROUP, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND PARTNERS AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP AND SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WORTH ADVERTISING GROUP PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP OR SITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
In the event of any failure of the App to conform to any applicable warranty that cannot be disclaimed, the End User may notify Apple, and Apple will refund the purchase price, if any, for the App to End User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. To the extent any warranty exists under law that cannot be disclaimed Worth Advertising Group and not Apple, shall be solely responsible for such warranty.
12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WORTH ADVERTISING GROUP OR ITS AFFILIATES OR PARTNERS, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, SITE OR THE CONTENT AND SERVICES FOR: (I) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; OR (II) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO LICENSE THE APP, IF ANY. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WORTH ADVERTISING GROUP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
13. Product Claims. Worth Advertising Group and End User acknowledge that Worth Advertising Group, not Apple, is responsible for addressing any claims of End User or any third party relating to the App and Site or End User’s possession and/or use of the App or Site, including, but not limited to: (i) product liability claims; (ii) any claim that the App or Site fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Worth Advertising Group’s App’s use of the HealthKit and HomeKit frameworks, if applicable. Nothing in this EULA shall be deemed an admission that End User may have such claims.
14. Intellectual Property Rights: Worth Advertising Group and End User acknowledge that, in the event of any third party claim that the App or Site or the End User’s possession and use of the App or Site infringes that third party’s intellectual property rights, to the extent Worth Advertising Group is required by applicable law, Worth Advertising Group, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
15. Legal Compliance. End User represents and warrants that: (i) End User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) End User is not listed on any U.S. Government list of prohibited or restricted parties.
16. Third Party Terms of Agreement. End User is responsible for complying with applicable third party terms of agreement when using the App and Site.
17. Third Party Beneficiary. Worth Advertising Group and End User acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries to this EULA, and that, upon the End User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against End User as a third party beneficiary thereof.
18. Indemnification. You agree to indemnify, defend and hold harmless Worth Advertising Group and its officers, directors, employees, agents, affiliates, partners, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the App or Site or your breach of this EULA. Furthermore, you agree that Worth Advertising Group assumes no responsibility for any content you submit or make available through this App or Site.
19. Export Regulation. The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the App or Site to, or make the App or Site accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the App or Site available outside the US.
20. Severability. If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.
21. Governing Law. This EULA is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this EULA or the App or Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in and for Alachua County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
22. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR THE APP OR SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
24. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of this EULA shall govern.
25. Worth Advertising Group Contact Information. End User may direct all questions, complaints or claims with the respect to the App or Site to the following:
Our postal address:
Worth Advertising Group
625 W. University Avenue
Gainesville, Florida 32601
Telephone Number: 352-519-5852
Email address: Help@InfoRide.app
LAST UPDATED: May 5, 2020