Effective as of December 2019
IMPORTANT – PLEASE READ THE FOLLOWING TERMS OF USE (REFERENCED COLLECTIVELY HEREIN AS “TOU”) BEFORE USING A LOCATIONCHOICES WEBSITE (LocationChoices.org) OR A LOCATIONCHOICES MOBILE OR WEB APPLICATION(S) (LocationChoices) (sites and applications referenced collectively herein as the “LocationChoices Solution”). LOCATIONCHOICES IS WILLING TO LICENSE AND PERMIT USE OF THE LOCATIONCHOICES SOLUTION SUBJECT AT ALL TIMES TO ACCEPTANCE OF THIS TOU (PRESENTED IN ELECTRONIC FORMAT).
1.LICENSE GRANT. The LocationChoices Solution is made available by LocationChoices, and this TOU provides to you (identified herein as “you” or with “your”) a personal, revocable, limited, non-exclusive, nontransferable, and nonsublicensable license to use the LocationChoices Solution conditioned on your continued compliance with this TOU. You may print and download materials and information from the LocationChoices Solution solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. If you wish to distribute or display the materials and information found on the LocationChoices Solution or to use such materials and information for commercial (or other) purposes, you may contact LocationChoices using the contact information set forth below.
2.LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. LocationChoices transfers no ownership or intellectual property interest or title in and to the LocationChoices Solution to you or anyone else. Further, LocationChoices reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the LocationChoices Solution.
3.YOUR OBLIGATIONS. By accessing or using the LocationChoices Solution, you represent that you are at least eighteen (18) years of age ((or the legal age of majority) (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the LocationChoices Solution, including, without limitation, when you provide information via a LocationChoices Solution submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the LocationChoices Solution. You also acknowledge and agree that use of the Internet and the LocationChoices Solution is solely at your own risk.
4.PROPRIETARY RIGHTS. The LocationChoices Solution is owned by Gimbal, Inc.. Copyright 2010-2018 © Gimbal, Inc. and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the LocationChoices Solution, unless otherwise indicated, are owned by LocationChoices and/or its licensors. LocationChoices, the LocationChoices. logo, and all other names, logos, and icons identifying LocationChoices and its solutions, products, and services are proprietary trademarks of LocationChoices, and any use of such marks without the express written permission of LocationChoices is strictly prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
5.FEEDBACK. LocationChoices welcomes your feedback and suggestions about LocationChoices programs or services or with respect to how to improve the LocationChoices Solution. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to LocationChoices, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to LocationChoices and enable LocationChoices to use such Feedback. In addition, any Feedback received by LocationChoices will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for LocationChoices to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
6.Mobile USAGE. The LocationChoices Solution offers various tools or display functionality that are available to you via your mobile phone or other mobile computing device. Please note that your mobile carrier’s normal messaging, data, and other rates and fees may apply to your use of the LocationChoices Solution. In addition, downloading, installing, or using certain LocationChoices Solution may be prohibited or restricted by your mobile carrier, and the LocationChoices Solution (or parts thereof) may not work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the LocationChoices Solution is available for your mobile devices; what restrictions, if any, may be applicable to your use of the LocationChoices Solution; and how much such use will cost you. Nevertheless, your use of the LocationChoices Solution shall be strictly in accordance with this TOU.
7.OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions (including for payment) may apply to certain LocationChoices solutions, tools, services, receipt of (or access to) certain materials, participation in a particular program or survey, and/or to specific portions or features of the LocationChoices Solution. Without limitation of the foregoing, you hereby agree that (a) this TOU operates in addition to any terms of use imposed or required by Apple, Google, Amazon, or any other digital download platform from which you download the LocationChoices Solution (“App Provider Terms”); and (b) the terms of this TOU supplement and do not alter or amend any such App Provider Terms.
8.PRIVACY POLICY. Please see LocationChoices Privacy Policy for a summary of LocationChoices information collection and use practices. You further agree that any such notices, agreements, disclosures or other communications that we send you electronically (using the contact information you provide through the LocationChoices Solution) will satisfy any legal communication requirements.
9.LINKS TO OTHER SITES. LocationChoices may provide, in its sole discretion, links, gateways, or navigational functionality to other sites on the World Wide Web for your convenience. Such other sites are maintained by third parties over which LocationChoices exercises no control and have their own legal terms and conditions and policy statement on privacy or data collection. These links do not imply an endorsement with respect to any third party or any third party website or the information, products, or services provided by any third party. Moreover, LocationChoices makes no commitment to maintain any link to another site.
10.DISCLAIMER. THE LOCATIONCHOICES SOLUTION IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. LocationChoices EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LOCATIONCHOICES ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED BY, AVAILABLE THROUGH, OR ADVERTISED ON THESE THIRD PARTY WEBSITES. WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT THE LocationChoices SOLUTION IS IN PART PROVIDED TO OFFER PARTICIPATING COMPANIES THE ABILITY TO SET OPT-OUT COOKIES, AND THAT NEITHER LocationChoices NOR PARTICIPATING COMPANIES WARRANT THAT THE LocationChoices SOLUTION WILL BE ERROR-FREE OR ALWAYS WORK AS INTENDED.
11.LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE LOCATIONCHOICES FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND LOCATIONCHOICES CONTROL. MOREOVER, IN NO EVENT SHALL LOCATIONCHOICES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE LOCATIONCHOICES SOLUTION OR WITH THE DELAY OR INABILITY TO USE THE LOCATIONCHOICES SOLUTION, EVEN IF LOCATIONCHOICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF LOCATIONCHOICES FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE LOCATIONCHOICES SOLUTION AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE LOCATIONCHOICES SOLUTION WHATSOEVER FOR AN AMOUNT NOT EXCEEDING THE TOTAL AMOUNT PAID BY YOU TO LOCATIONCHOICES DURING THE PAST SIX MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE LOCATIONCHOICES SOLUTION.
12.INDEMNIFICATION. You agree to indemnify, defend, and hold LocationChoices (and its affiliated members, contractors, employees, and agents) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of this TOU.
13.ENFORCING SECURITY. You may not use the LocationChoices Solution or any of LocationChoices data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using LocationChoices data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a LocationChoices system or network, circumventing any LocationChoices security or authentication measures, monitoring LocationChoices data or traffic, interfering with any LocationChoices services, collecting or using from the LocationChoices Solution email addresses, screen names, or other identifiers, collecting or using from the LocationChoices Solution information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the LocationChoices Solution to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against LocationChoices or its data, systems, or network. Actual or attempted unauthorized use of the LocationChoices Solution may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. LocationChoices reserves the right to view, monitor, and record activity on the LocationChoices Solution without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the LocationChoices Solution as well as to disclosures required by or under applicable law or related government agency actions. LocationChoices will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, LocationChoices reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the LocationChoices Solution, or any portion of the LocationChoices Solution in order to protect the LocationChoices Solution or LocationChoices.
14.INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of LocationChoices proprietary assets, will cause irreparable injury to LocationChoices, such injury would not be quantifiable in monetary damages, and LocationChoices would not have an adequate remedy at law. You therefore agree that LocationChoices shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that LocationChoices post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to LocationChoices to enforce any provision of this TOU.
15.GOVERNING LAW. The LocationChoices Solution is controlled and operated by Gimbal, Inc from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York. Any action to enforce this TOU will be brought in the courts presiding in the State of New York, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU or the LocationChoices Solution, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The LocationChoices Solution is controlled and operated by LocationChoices from its offices and facilities within the United States. LocationChoices makes no representation that the LocationChoices Solution is appropriate or available for use in other locations, and access to the LocationChoices Solution from territories or nations where any aspect of the LocationChoices Solution is illegal is hereby expressly prohibited. You access the LocationChoices Solution solely on your own volition and are responsible for compliance with all applicable laws.
16.TERM AND TERMINATION. This TOU will take effect (or shall re-take effect) at the time you submit information through the LocationChoices Solution, respond to a request for information, and/or begin accessing, or using the LocationChoices Solution, whichever is earliest. LocationChoices reserves the right at any time and without notice to deny you access to the LocationChoices Solution or to any portion thereof and to terminate your rights under this TOU, in its sole and absolute discretion for any reason whatsoever. Your rights under this TOU will terminate automatically if you fail to cease to use the LocationChoices Solution or comply with this TOU, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Upon termination and in accordance with law, you must destroy all copies of any aspect of the LocationChoices Solution in your possession. The provisions concerning this Entire Agreement, License Grant Restrictions, (LocationChoices) Proprietary Rights, Feedback, Disclaimer (of Warranty), Enforcing Security, Waiver & Severability, Injunctive Relief, and Limitation of Liability will survive the termination of this TOU for any reason.
17.WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by LocationChoices of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
18.ENTIRE AGREEMENT. No joint venture, partnership, employment, or agency relationship exists between you and LocationChoices as a result of this TOU or your utilization of the LocationChoices Solution. This TOU represents the entire agreement between you and LocationChoices with respect to your individual use of the LocationChoices Solution. Please note that LocationChoices reserves the right to change the terms and conditions of this TOU and the terms and conditions under which the LocationChoices Solution and its offerings are extended to you by posting online a revised TOU or mailing and/or emailing notice thereof to you. In addition, LocationChoices may add, modify, or delete any aspect, program, functionality, or feature of the LocationChoices Solution. Your continued use of the LocationChoices Solution following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU found at this location on a periodic basis.