Terms of Service
ACCEPTANCE OF TERMS
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Sites have the following descriptions: websites providing information about the DriverMonitor app or the company Leisure Hound Sports, Inc., links to site(s), such as the Apple App Store site or amazaon.com, where the DriverMonitor app can be acquired, methods of contacting Leisure Hound Sports, Inc, including its email address. Any and all visitors to our site shall be deemed as "users" of the Sites for the purpose of these TOU. The user acknowledges and agrees that the Sites, which may be made available on or through various social media networking sites and numerous other platforms and downloadable programs, is the sole property of Leisure Hound Sports, Inc. (“Leisure Hound”). You, acknowledge, accept and agree that Leisure Hound shall not be held liable the discontinuance of offering DRIVERMONITOR or any other product or service. Furthermore, the user acknowledges and agrees that the Sites are provided "AS IS" and as such Leisure Hound shall have no responsibility for the timeliness of any content on the Sites.
All users herein agree to insure and hold Leisure Hound and its affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any use of the Sites, any content a user of our site may submit, post, modify, transmit or otherwise make available through the Sites, your violations of these Terms of Service and/or your violation of any such rights of another person.
NO COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Sites.
Leisure Hound reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, the Sites, or any part thereof, with or without prior notice. Leisure Hound shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance. Your continued use of the Sites, after the posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of these TOU should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the Sites.
Either Leisure Hound or third parties may provide links to other websites and/or resources. You acknowledge and agree that Leisure Hound is not responsible for the availability of any such external sites or resources, and as such, Leisure Hound does not endorse nor is it responsible or liable for any content, products (except those of Leisure Hound), advertising or any other materials, on or available from such third-party sites or resources, including the Apple AppStore site and the amazon.com site or other sites offering complementary products, such as mounts, that may be mentioned on or linked to the Sites. Furthermore, you acknowledge and agree that Leisure Hound shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource, except those of Leisure Hound.
You do hereby acknowledge and agree that the Sites contain proprietary and confidential material of Leisure Hound that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content or information presented by and through the Sites are protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on such content or information, in whole or part.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED SOLELY ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. LEISURE HOUND AND ITS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) LEISURE HOUND AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO, AND DISCLAIM ANY, WARRANTIES THAT (i) THE CONTENT OF THE SITES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITES SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT THE INFORMATION ON THE SITES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY AND ALL OF THE CONTENT OF THE SITES WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY ERRORS IN THE COMNENT ON THE SITES SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED FROM OR VIEWED ON THE SITES SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOADING OR VIEWING OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OR BY WAY OF OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOU OR THE EULA FOR THE APPLICABLE PRODUCT.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE VIEWING THE SITES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE VIEWING THE SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM ACCESSING OR USING THE SITE OR ANY INABILITY TO DO SO.
In the event you have a dispute, you agree to release Leisure Hound (and its officers, directors, employees, agents, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOU, that there shall be no third-party beneficiaries of these TOU.
You herein acknowledge, understand and agree that all of the trademarks, trade names, service marks, and other logos and any brand features, and/or product and service names are trademarks and shall remain the property of Leisure Hound. You agree not to display and/or use in any manner the logo or marks without obtaining Leisure Hound's prior written consent.
INTELLECTUAL PROPERTY AND CONTRACTUAL RIGHTS
Leisure Hound respects the intellectual property and contractual rights of others, and asks all users of the Sites do the same. In appropriate circumstances, and at its sole discretion, Leisure Hound may restrict or eliminate access to the Sites of any user who violates these rights of others.
ENTIRE AGREEMENT: These TOU constitutes the entire agreement between you and Leisure Hand governing the use of the Sites, superseding any prior version of these TOU. You may also be subject to additional terms and conditions that may apply when you use or purchase Leisure Hound products or services. You may be subject to additional or different terms and conditions of third-party sites you visit that are linked to the Sites; these different terms and conditions are imposed by the owners of such sites on anyone who visits them, and nit controlled by Leisure Hound.
CHOICE OF LAW AND FORUM: These TOU shall be governed by the laws of the State of California without regard to its conflict of law principles. Any claim, cause of action and/or disputes, arising out of or relating to these TOU, shall be filed within the courts having jurisdiction within the County of Santa Cruz, or the U.S. District Court located in said state. You agree to submit to the jurisdiction of such courts, and waive any and all objections to the jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS: At any time, should Leisure Hound fail to exercise or enforce any right under or provision of these TOU, such failure shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect.
STATUTE OF LIMITATIONS: You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of the Site or these TOU must be filed within one year after said claim or cause of action arose or shall be forever barred.