Tollsmart Terms Of Usage
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE TOLLSMART.COM WEBSITE OR ANY OTHER WEBSITE, APPLICATION, PRODUCT OR SERVICE LINKING TO OR CONTAINING THESE TERMS AND CONDITIONS (EACH A "SITE"). YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN GOVERNING YOUR USE OF THE SITE AND ANY MATERIALS CONTAINED HEREIN IS A CONDITION OF YOUR RIGHTS TO FURTHER ACCESS THE SITE AND ANY AND ALL MATERIALS CONTAINED ON OR ACCESSED THROUGH THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
PLEASE NOTE THAT THE TERMS AND CONDITIONS SET FORTH HEREIN SHALL APPLY TO YOU WHETHER YOU ACCESS THE SITE DIRECTLY, WHETHER THE SITE IS MADE AVAILABLE TO YOU BY A THIRD PARTY OR WHETHER YOU ACCESS THE SITE BY ANY OTHER MEANS. SUCH TERMS AND CONDITIONS SHALL TAKE PRECEDENCE OVER ANY CONFLICTING TERMS PUBLISHED BY A THIRD PARTY THAT YOU MAY HAVE ACCEPTED (OR IN THE FUTURE BE REQUIRED TO ACCEPT) IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE OR ANY CONTENT OR MATERIAL CONTAINED ON THE SITE.
PLEASE ALSO NOTE THAT THE TERMS AND CONDITIONS SET FORTH HEREIN SHALL GOVERN YOUR USE OF, AND THE TERM "SITE" AS USED IN THE BELOW TERMS AND CONDITIONS SHALL BE CONSTRUED TO INCLUDE, THE TOLLSMART WEBSITE AND ANY TOLLSMART OR THIRD PARTY APPLICATIONS WHICH MAY BE USED TO ACCESS YOUR TOLLSMART ACCOUNT OR UTILIZE ANY FEATURES OR FUNCTIONALITY OF TOLLSMART, REGARDLESS OF WHETHER THESE TERMS AND CONDITIONS ARE PRESENTED TO YOU AT THE TIME YOU DOWNLOAD, OR ACCESS YOUR ACCOUNT THROUGH, SUCH APPLICATION.
It is recommended that you keep a copy of these Terms and Conditions and any licenses posted within or through this web site for your records, as they may change from time to time as added functions and services are incorporated into the Site. Your rights to use this Site and any Software, Data and/or Documentation are restricted rights that are governed by the Terms and Conditions contained herein, and include restrictions on use and/or transfer.
1. General. This Site is owned and operated by or on behalf of Tollsmart, LLC and/or its affiliates or subsidiaries ("Tollsmart"). By accessing, receiving, downloading, syncing, using, or possessing, or continuing to access, receive, download, sync, use or possess, the Site or any software, toolbars, user interfaces, applications and/or associated media ("Software") for use with desktop computers, via the internet, and/or via wireless or other handheld or mobile devices ("Hardware"), printed, online or electronic materials associated therewith ("Documentation") and/or any data, materials, or content ("Data") (collectively Software, Data and Documentation to be known as "Products" herein), submitting a registration form, or clicking the "I Agree" or "Continue" buttons (or a similar button) when prompted and completing the registration form, you are entering into this agreement with Tollsmart, and you hereby acknowledge and agree on behalf of yourself (if accepting these terms as an individual) and/or on behalf of the business or other entity you represent (if you are accepting these terms on behalf of a business or other entity) to the validity and applicability of these Terms and Conditions, Tollsmart's Privacy Statement, (which can be found at https://www.tollsmart.com/privacy-policy/), any applicable Subscription Terms and Provider Terms, and you agree to be bound thereby. If you are using the Site or any Products on behalf of a business or other entity, you represent that you are authorized to agree to the Terms and Conditions on behalf of such business or other entity, and references herein to "Licensee", "you" or "your" shall be construed to mean and refer to you and such business or other entity on whose behalf you have accepted these Terms and Conditions. The Site and Products are available only to individuals age 18 and older. You represent that you are at least 18 years of age and have the capacity to create a binding legal obligation regarding your use of the Products and Site, and any Submissions (see Section 21 below) you provide to Tollsmart.
2. Fees. Please be advised that some, but not all, areas of the Site may contain fee-based services, and are subject to additional Subscription Terms.
3. Use of Service. You agree that the Site and its services are furnished and shall be used solely for your personal, business or institutional use, and are subject to Tollsmart's Acceptable Use Policy set forth in Section 9 below. Such permitted uses do not include the right to directly or indirectly transmit, broadcast, redistribute, forward or deliver the Products or services or any part of the data, information, images or other products which constitute the Site, Products and/or services to any other person or entity, in any format (including, but not limited to framing, deep linking or embedding), or by any means ("Commercial Use"), absent a supplemental agreement in writing with Tollsmart. The Site and its services may be used for lawful purposes only, and may not be used in a manner which violates or infringes the rights of Tollsmart, its Providers, or any third party. The term "Provider", as used herein, refers to any third parties that either contribute to the creation or operation of the Software, Data or Documentation, or enable access or use of same by you, including by way of example but without limitation software and/or technology developers, internet storefronts, Internet Service Providers, third party service providers and vendors and/or clients or customers of Tollsmart, and communications providers/carriers. You agree to use the Site consistent with these Terms and Conditions and shall not disclose your password to any unauthorized person. You shall be fully responsible for maintaining confidentiality of account access information and for all charges made to your account.
4. Access. Access to the Site is contingent upon you providing all equipment necessary to access the internet, Products and/or services offered by Tollsmart. Access to Tollsmart.com requires use of a web browser. Tollsmart, and use of the Tollsmart Products and services through the Site is usually available 24 hours a day, 7 days a week, however, Tollsmart reserves the right to make the Site unavailable from time to time for any reason and at any time without prior notice. You agree that Tollsmart shall not be liable for any damages arising from any interruption, suspension or termination of the Site.
5. Permitted Uses. You may download, view, copy and print Products incorporated in or accessed through this Site subject to the following: (1) the Products may be used solely for personal, informational, internal purposes and may not be re-distributed without the express written permission of Tollsmart; (2) the Products, including without limitation the content and any advertising displayed on pages of the Site, may not be modified, obscured, tampered with or altered in any way; 3) any copyright or other proprietary notices must appear on all copied Products; and 4) certain Products on this Site may be subject to further use, modification, copying and/or dissemination restrictions which shall override this general grant to use the Products (please see the Notice Specific To Products Available On This Website). Access to and copying/distribution of original user content (i.e. such as from chat rooms, message/bulletin boards, photo gallery, feedback forums, etc.) shall be controlled by restrictions imposed by the originator of the content and/or by the Acceptable Use Policy. Tollsmart expressly reserves the right to refuse any materials for submission or upload by you or other users of this Site. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or redistribute any information or Products from this Web site in whole or in part without the prior written permission of Tollsmart or its Providers. Requests to reprint or re-distribute Products and other materials accessed from this Website should be directed to the originator of the Products or materials.
6. Intellectual Property. Information furnished by Tollsmart to you is intended for your sole and exclusive use and shall be considered proprietary information, ownership of which shall remain with Tollsmart or its Providers. All Products, information, data, images, and other things comprising the Service are to be considered copyrighted by Tollsmart, its Providers or the content originator, as the case may be, and they remain the sole and exclusive property of such persons. You are authorized to use such for the purposes stated herein and to store such information during the term hereof. You may not store for future use such information beyond that period, nor develop a library of such information. You agree not to copy materials on the Site, not to reverse engineer or break into the website and not to use the website materials, Products or services to violate law, the Notice Specific to Products Available on this Website, Tollsmart's Privacy Statement, or the Acceptable Use Policy. REGARDLESS OF ANY OTHER PROVISION HEREIN, THE TRADEMARKS OF TOLLSMART AND THE TOLLSMART NAME SHALL NOT BE USED BY YOU IN ANY WAY, ESPECIALLY NOT AS A MEANS OF IDENTIFYING THE SOURCE OF THE SERVICE TO PUBLIC AUDIENCES OR CLIENTELE WITHOUT A SPECIFIC LICENSE TO DO SO FROM TOLLSMART.
7. Trademark Information. TOLLSMART, TOLLSMART.COM, TOLL TRACKER and other Tollsmart product names, service names, slogans or logos referenced in this Site are trademarks or registered trademarks of Tollsmart, LLC. All other company, product or service names referenced in this Site are used for identification purposes only and may be trademarks of their respective owners.
8.
Procedure for Copyright or Other Intellectual Property Infringement Claims
Tollsmart respects the intellectual property of others, and we expect our users to do the same. Tollsmart may, in appropriate circumstances and at its discretion, disable, terminate, and/or take
other appropriate steps relating to the accounts of users who may be infringers. If you believe that your copyright or intellectual property rights have been infringed, please notify us at
support@tollsmart.com.
9. Acceptable Use Policy. You agree not to use the Tollsmart Site, Products or services to:
* interfere with or disrupt Tollsmart or servers or networks connected to Tollsmart, or disobey any requirements, procedures, policies or regulations of networks connected to Tollsmart;
* use your access or Tollsmart-hosted site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Tollsmart Site, without express written permission from Tollsmart;
* use the Site to engage in commercial activities without enrolling in Tollsmart-approved programs, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors, conducting raffles or contests that require any type of entry fee, displaying a sponsorship banner of any kind, displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites, use the Site to provide access to the Site for other persons through use of your User Name and Password;
* tamper in any way with the Products or functionality of the Site, such as placing on the site material which contains any viruses, time bombs, trojan horses, worms, Easter eggs, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information, or utilize bots, agents, auction crawlers and other computer-based crawling programs on the Site.
TOLLSMART EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS UPLOADED OR PLACED ON THE SITE BY SUBSCRIBERS OR OTHER USERS OF THE SITE.
10. Notice Specific to Products Available On This Website. Permission to use Products from this Site is granted, provided that (1) any resident copyright notices appear in all copies and that both the copyright notice and this permission notice appear, (2) use of such Products from this Site is for your use only and will not be copied or posted on any network computer or broadcast in any media absent an express written agreement with Tollsmart, (3) the Products shall not be used on data outside of this Site absent an express written agreement with Tollsmart and shall be in compliance with the End User License Agreement; (4) no unauthorized modifications of any Products are made; (5) to the extent modifications are made, a notice of modification including the subject matter of modification appear with the modified Products; and (6) any use of Provider Products is consistent with any applicable Provider Terms. Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Subject to Tollsmart's Privacy Statement, or where expressly provided otherwise by Tollsmart, all comments, feedback, information or materials submitted to Tollsmart through or in association with this Site shall be considered non-confidential and Property of Tollsmart. By submitting such comments, feedback, information or materials to Tollsmart, you agree to a fee-free assignment to Tollsmart of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Tollsmart shall be free to use such comments, feedback, information or materials on an unrestricted basis. FOR YOUR CONVENIENCE, TOLLSMART MAY MAKE AVAILABLE ON THIS SITE OR IN ITS PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. TOLLSMART DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SITE OR IN TOLLSMART PRODUCTS. Products, as specified above, do not include the design or layout of the Site or any other Tollsmart owned, operated, licensed or controlled site. Elements of the Site are protected by copyright, patent, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Site may be copied or retransmitted unless expressly permitted by Tollsmart, its Providers, or the originating user associated with original user content displayed on this Web site.
11. Additional Products and Services. Certain services, in addition to those described in this Agreement, or as offered by Tollsmart through other product licenses and/or service agreements, including, but not limited to, Tollsmart.com Desktop, Tollsmart mobile apps, Tollsmart API services, and others may be made available as part of, or through this Site, by Providers, or by Tollsmart, and may be subject to terms and conditions in addition to those in this Agreement, which terms and conditions are available upon registering for or subscribing to the products and/or service(s) ("Provider Terms"). Any Provider Terms are in addition to these Terms and Conditions, and apply only to that Provider's service or content unless explicitly stated otherwise. Should an additional service be made available on this Site or from Tollsmart without additional Provider Terms, these Terms and Conditions shall apply. TO THE EXTENT THAT TOLLSMART SERVICES ARE BEING MADE AVAILABLE THROUGH THIS SITE, THE PROVISIONS IN THESE TERMS AND CONDITIONS SHALL MODIFY OR AMEND ANY CONFLICTING TERMS IN OTHER TOLLSMART AGREEMENTS. Additional Provider Terms for any products or services provided with Tollsmart registration may be made available through the Site via hyperlinks and are applicable should you choose to use their products or services.
12. Disclaimer. TOLLSMART MAKES NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES OR AFFIRMATIONS THAT ALL TOLL INFORMATION IS ACCURATE AND TOLLSMART SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR ANY OTHER PERSON OR ENTITY, PARTIES AND NON-PARTIES ALIKE, FOR ANY INCONSISTENCIES, INACCURACIES OR OMISSIONS. THERE MAY BE TIMES WHEN DATA OR SERVICES FROM THIRD PARTIES THAT TOLLSMART NORMALLY USES AS ALL OR A PART OF THE BASIS OF ITS TOLL DATA OR OTHER PRODUCTS, INFORMATION, AND SERVICES IS UNAVAILABLE OR DISREGARDED AND TOLLSMART SHALL HAVE THE RIGHT TO CONTINUE TO ISSUE SUCH PRODUCTS, INFORMATION AND SERVICES WITHOUT INFORMING THE END USER OF THE CHANGED BASIS OR SOURCE OF SUCH PRODUCTS, INFORMATION, OR SERVICES AND TO CHANGE SOURCES FROM TIME TO TIME. WEB-BASED AND MOBILE/WIRELESS SERVICES ARE DEPENDENT UPON OPEN COMMUNICATIONS NETWORKS PROVIDED BY THIRD PARTIES, AND TOLLSMART IS NOT RESPONSIBLE FOR LACK OF SERVICES DUE TO COMMUNICATIONS NETWORK OUTAGES. TOLLSMART MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO ANY PROVIDER PRODUCTS OR MATERIALS. YOU ARE ADVISED AND INFORMED THAT ROUTING INFORMATION PROVIDED OR ACCESSED THROUGH THE SITE IS NOT PROVIDED BY, THE RESPONSIBILITY OF, NOR WITHIN THE CONTROL OF, TOLLSMART.
13. No Warranties/Limit of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ERRORS ON THE SITE, AND THE INTERNET GENERALLY. THIS SITE AND THE PRODUCTS ARE PROVIDED BY TOLLSMART ON AN "AS IS" BASIS. TOLLSMART AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOLLSMART AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE PRODUCTS MADE AVAILABLE ON THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT WE WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OR DISRUPTION TO YOUR COMPUTER OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADS. TOLLSMART AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOLLSMART OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF TOLLSMART AND ITS PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO USE OF ANY OF THE PRODUCTS OR THIS SITE OR ITS IMPLEMENTATION SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY YOU TO TOLLSMART UNDER THESE TERMS AND CONDITIONS AND ANY APPLICABLE SUBSCRIPTION TERMS OR PROVIDER TERMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.
14. Indemnification. You hereby agree that you will well and truly indemnify and save harmless Tollsmart and its affiliates and Providers from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which Tollsmart, its affiliates, or its Providers may sustain by reason of your use of this Site, your breach of any of the terms, covenants or conditions of these Terms and Conditions, or other claims against Tollsmart arising from these Terms and Conditions.
15. Export Controls. This Site and the Products may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the U.S.A., and any amendment thereof. You acknowledge that no Products or other underlying information or technology accessed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation inside the United States) without first complying strictly and fully with all export controls that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology. If You have any questions regarding your obligations under the United States of America Export regulations, you should contact the Bureau of Export Administration, United States Department of Commerce, Exporter Counseling Division, Washington, D.C., https://www.bis.doc.gov/.
16. Third Party Sites and Providers. This site may link, redirect, connect, "frame", utilize plug-ins, integrate applications recognized automatically by the browser and otherwise direct you to without limitation, other sites, servers, third party internet data, software or service providers, software developers, internet storefronts, Internet Service Providers and mobile/wireless communications carriers, among others ("Providers"). To the extent applicable, these Terms and Conditions shall apply. In order to utilize some of the Tollsmart Products and services you may have to use, accept, install and review information, data, executables, programs, software and other items from Providers that are not under the control of Tollsmart. This may occur with or without your knowledge and although the visual representation on your screen may appear to be an Tollsmart website, the information, data, executables, programs, software and other items may come from Providers and may not be under the control of Tollsmart. You acknowledge that Tollsmart is not responsible for the accuracy, copyright and other intellectual property compliance, legality, decency, or any other aspect of the content of such Providers. Your use of this Site and the products and services through these Providers is at your own risk. Tollsmart is not responsible for webcasting or any other form of transmission received from any linked site, nor the failure of any services provided through mobile/wireless carriers, internet storefronts, or other Providers. Tollsmart is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tollsmart, nor has Tollsmart independently authenticated products or materials provided by Providers.
17. Advertisements. This Site contains information of high economic value and is provided to you free of charge and may be supported by advertisers and therefore may include advertising for products and services offered by the Provider or third parties. This advertising support is significant and allows us to provide this Site as a public service to people who can, and those who cannot, afford to pay the high cost of operating the Site. The advertising may be targeted to information related to the type of toll information you access, your search requests, or other information consistent with our Privacy Statement (https://www.tollsmart.com/privacy-policy/). Tollsmart may utilize technology or other measures to bypass attempts to block advertising and you agree to cooperate with Tollsmart in doing so. Tollsmart makes no representations or warranties with respect to the quality, appropriateness, accuracy, truthfulness, reliability, business ethics, or other aspects of any such advertisements and/or the organizations placing the advertisements and shall have no responsibility or liability for any claims arising out of or related to any such advertisements, the contents thereof, the products or services promoted therein, or the fulfillment thereof. It is a user’s sole responsibility to satisfy himself or herself as to the desirability of dealing with any given advertiser and to understand the relationship is between the user and the advertiser and not with Tollsmart.
18. Communications Decency Act. Pursuant to Section 230 of the Communications Decency Act , we are passing along this notice to advise you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. More information is available at https://en.wikipedia.org/wiki/Content-control_software.
19. Privacy. Tollsmart is committed to safeguarding your privacy online and has established a Privacy Statement to explain to users how their information is collected and used. This Privacy Statement is located at the following web address: https://www.tollsmart.com/privacy-policy/. Your use of the Site or any of Tollsmart's products, services, data, materials or content signifies your acknowledgement of, and agreement to, our Privacy Statement. Note that as Tollsmart expands its offerings, we may update our Privacy Statement from time to time. Please check our Privacy Statement for updates on a regular basis.
20. Children. The Products are not directed to children under the age of 13. Please do not allow children under the age of 13 to provide any personally identifiable information or participate in social media related to our Products. If we are notified that a child under 13 has provided personal information, we will delete that information as soon as reasonably possible. If you become aware that a child under 13 has provided such information, please send us a detailed email at support@tollsmart.com so we can delete this information.
21. Your Submissions to Tollsmart.
· Subject to the Terms and Conditions set forth in this agreement, you may submit suggestions or questions or other information (collectively, "Submissions") to Tollsmart through the Tollsmart website or a third party website, feature or service that is accessible through the Tollsmart website but hosted by a Provider, so long as the Submission is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam or otherwise violate the Acceptable Use Policy set forth in Section 9 in any way. You may be required to register, and/or to provide information about yourself to Tollsmart or a Provider in order to provide a Submission. Use of any information you provide will be in accordance with Tollsmart’s Privacy Statement. You must ensure that the information you provide as part of the registration or uploading process is complete and accurate at all times. You may not use a false email address, impersonate any other individual or entity, or otherwise mislead us as to the origin of a Submission. In the event that you need to make any updates or changes to the information you provide when you register or upload a Submission, please contact us at support@tollsmart.com.
· The website page(s) that you interact with when you make your Submission to Tollsmart may be hosted by a third party Provider who specializes in providing such functionality, even though such page(s) may appear to be part of an Tollsmart website. Tollsmart may use such third party Provider's platform to host and manage your Submission(s).
· If you do make a Submission, and unless we indicate otherwise, you grant Tollsmart and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, transferrable and fully sub-licensable right to use, reproduce, host, cache, store, modify, edit, adapt, publish, translate, create derivative works from, distribute, and publicly display the Submission throughout the world in any media (e.g., websites, applications, television, etc.) for any purpose. You also grant us the right (but we shall have no obligation) to use the name, email address and/or user ID (if applicable) under which you posted the Submission, if we choose. You agree to confirm the above licenses in writing upon our request. You acknowledge and agree that you will not be compensated in any way for your Submission(s).
22. Modifications. Tollsmart may modify this Agreement at any time, and the new terms and conditions will become effective by posting the new terms and conditions in the same location as the previous terms and conditions were posted. Tollsmart has the right at any time to modify or cancel any feature or functionality of the Site, including hours of availability, content, applications, and equipment requirements for use with the Products and/or services, and Tollsmart reserves the right to suspend or terminate access to this Site and/or the Products and/or services provided without prior notice in the event you are in violation of these terms of use, or for scheduled or unscheduled support and maintenance on the Site.
23. Terms of Service. These Terms and Conditions are effective upon acceptance, and shall remain and continue until terminated. Neither this Agreement nor any rights or obligation hereunder may be assigned by you without the express written permission of Tollsmart, and any purported transfer of rights shall oblige the transferee to these Terms and Conditions, and your rights will be terminated. You may terminate these Terms and Conditions by destroying, removing or obliterating the Products and all copies thereof, and certifying as such to Tollsmart. Tollsmart may terminate your right to use the Site and its Products and services upon the breach by you of any provision contained in these Terms and Conditions, any applicable Provider Terms, Subscription Terms, the End User License Agreement, or the Privacy Statement governing this Site and downloaded Products. Upon such termination by Tollsmart, you agree to certify the destruction, removal or obliteration of the Products and all copies thereof to Tollsmart.
24. Notice. Posting of notice(s) on the Site by Tollsmart shall constitute notice to you. Written notice of termination and requests for credit (as applicable - see Subscription Terms) shall be provided in the following manner: email notification to support@tollsmart.com.
25. Choice of Laws / Jurisdiction. This Agreement is governed by the laws of the Commonwealth of Virginia, with the exception of export control, infra, which is governed by US Federal law. Any dispute arising out of this Agreement or related thereto shall be subject to the jurisdiction of said Courts located within Virginia, and it is further agreed that any and all matters of dispute shall be adjudicated, governed and controlled under and by Virginia law.
26. Subscription Terms. You agree to pay to Tollsmart the fees stated or as specified from time to time for various fee-based Products and services available by or through Tollsmart, and you are responsible for promptly paying for Tollsmart Products and services. Failure to pay these fees in a timely manner will result in an interruption of fee-based Site Products and services and the functional inability to access the fee-based sections of the Site. Charges will be calculated based upon the Product selected, and are applicable to the current version of the Product selected. Fees may be prorated for portions of months. Use of the service beyond the free time or without proper authorization will result in charges to billing or credit card account. Fees and payment terms therefore are subject to change upon Notice by Tollsmart to you. Products, once purchased, are nonrefundable, regardless of use or lack of use by you. Absolutely no credits or refunds are available for month-to-month or one-time fee-based services, including. Once a charge has been processed to your credit card or wireless account, you shall not request that your credit card or mobile carrier company reverse the charge or charge it back to Tollsmart. If you have a legitimate basis to request a credit for a charge previously processed against his or her credit card account, he or she shall request a credit from Tollsmart by written notice and resolve the issue directly with Tollsmart. Any reversed charges which cause the credit card company to impose a charge back, refund, or credit cost against Tollsmart shall be reimposed by Tollsmart upon you. Such costs may exceed the cost of the reversed item or charge back by many times.
27. Renewal Terms. Monthly and annual subscription Products shall continue to renew monthly and annually until proper termination notification is received from you.
28. LANGUAGE. TO THE EXTENT THIS AGREEMENT MAY BE TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH AND THERE IS A CONFLICT OF TERMS BETWEEN THE ENGLISH AND THE OTHER LANGUAGE, THE ENGLISH VERSION SHALL CONTROL. THESE TERMS AND CONDITIONS MAY CHANGE PERIODICALLY, SO PLEASE CHECK BACK OFTEN.
29. ENTIRE AGREEMENT. THESE TERMS OF USAGE, TOGETHER WITH TOLLSMART'S PRIVACY STATEMENT AND ANY END USER LICENSE AGREEMENT, SUBSCRIPTION TERMS, PROVIDER TERMS AND/OR ANY OTHER AGREEMENTS OR TERMS APPEARING OR REFERENCED ON THIS SITE AND/OR ENTERED INTO BETWEEN THE PARTIES IN WRITING REPRESENT THE ENTIRE SET OF TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SITE AND ANY PRODUCTS (WHERE APPLICABLE) ACCESSED THROUGH THIS SITE, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. IF YOU ARE AN EMPLOYEE OF AN ORGANIZATION THAT HAS A SEPARATE WRITTEN AGREEMENT IN PLACE WITH TOLLSMART AND YOU ARE BEING PRESENTED WITH THESE TERMS OF USAGE IN CONNECTION WITH YOUR USE (ON BEHALF OF YOUR EMPLOYER) OF PRODUCTS THAT ARE LICENSED TO YOUR EMPLOYER UNDER SUCH WRITTEN AGREEMENT, THEN THE TERMS AND CONDITIONS GOVERNING YOUR USE OF SUCH PRODUCTS SHALL BE AS SPECIFIED IN THE WRITTEN AGREEMENT BETWEEN YOUR EMPLOYER AND TOLLSMART AND NOTHING HEREIN SHALL BE CONSTRUED TO MODIFY OR SUPERSEDE THE TERMS AND CONDITIONS SET FORTH IN SUCH WRITTEN AGREEMENT OR GRANT ANY RIGHTS OR LICENSES THAT ARE BROADER THAN THOSE SET FORTH IN YOUR EMPLOYER'S WRITTEN AGREEMENT WITH TOLLSMART. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS AND CONDITIONS SET FORTH HEREIN AND THE TERMS AND CONDITIONS SET FORTH IN THE WRITTEN AGREEMENT BETWEEN YOUR EMPLOYER AND TOLLSMART, THE TERMS AND CONDITIONS SET FORTH IN THE WRITTEN AGREEMENT BETWEEN YOUR EMPLOYER AND TOLLSMART WILL TAKE PRECEDENCE AND PREVAIL. THESE TERMS AND CONDITIONS MAY ONLY BE MODIFIED IN WRITING BY TOLLSMART.
Version date: May 1, 2018