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Terms of Use
TERMS OF USE
Zubie Terms of Use and End User License Agreement
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 30
To assure a convenient, secure environment and experience for all of our users, Zubie has established these Terms of Use and End User License Agreement to explain what you can expect from us and what we expect from you in connection with the use of our Service.
Effective date: October 30, 2013; revised 03/22/2023.
1. User’s Acknowledgment and Acceptance of Terms
Zubie, Inc. ( “Zubie” or “us” or “we”) provides the Zubie.co and zubie.com websites (collectively and individually the “Site”), one or more Zubie mobile apps (collectively and individually the “App”), “Zubie Equipment” consists of and includes any products, hardware, and equipment provided by Zubie, such as Zubie Key device, Zubie Key with WiFi, Zubie Dashcam, Zubie Asset Trak, cables or connectors and any other equipment and other services (collectively, the “Service”) subject to your compliance with all the terms and conditions contained or referenced in this Zubie Terms of Use and End User License Agreement (the “Agreement”), as well as any other written agreement between us. In addition, when using particular aspects of the Service, users are subject to any posted guidelines or rules applicable to aspects of the Service that may contain additional terms and conditions, which are hereby incorporated by reference into these Terms of Use. If you are using the Service on behalf of a company or other organization, you represent to Zubie that you have the authority to bind your company or organization to this Agreement.
BY INSTALLING THE APP OR THE DEVICE, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU (1) AGREE TO BE BOUND BY THESE TERMS OF USE EFFECTIVE IMMEDIATELY AND (2) CONSENT TO OUR COLLECTION, USE, DISCLOSURE AND OTHER HANDLING OF INFORMATION AS DESCRIBED IN THE ZUBIE PRIVACY POLICY, WHICH IS AVAILABLE ON THE SITE (THE “PRIVACY POLICY”). IF YOU DO NOT WISH TO BE BOUND BY THE THIS AGREEMENT OR DO NOT CONSENT TO SUCH ACTIVITIES, YOU MUST EXIT THE SERVICE AND UNINSTALL THE APP AND DEVICE NOW. IF YOU ARE USING THE SERVICE ON BEHALF OF A COMPANY OR ORGANIZATION, YOU ARE RESPONSIBLE FOR OBTAINING CONSENT FROM YOUR EMPLOYEES OR OTHER USERS TO THE USE OF THE APP INCLUDING THE REQUIREMENTS IN SECTION 4 BELOW AND INFORMATION WE COLLECT AS DISCLOSED IN OUR PRIVACY POLICY.
YOUR REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
We reserve the right to change this Agreement from time to time by posting a revised Agreement on the Site. You acknowledge and agree that it is your responsibility to review the Service and this Agreement periodically and to be aware of any modifications. A revised Agreement will take effect five days after their publication on the Site and will apply only on a going-forward basis, unless otherwise provided in a notice to you. Your continued use of the Service after such modifications will constitute your acknowledgment of the modified Agreement and consent to abide and be bound by the modified Agreement.
As used in this Agreement, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Service, including without limitation its contents.
We make the Service or particular aspects of the Service available on the Site and App principally associated with 1) data collected from the location services (such as GPS) and accelerometer of the cellular device that the app was downloaded on, 2) the Device, which when installed into your automobile, collects information about your automobile’s, use, operation, performance and maintenance status. Except for Zubie Equipment (defined below), you are solely responsible for providing, at your own expense, all equipment necessary to use the Service, including without limitation, a computer, modem, mobile device, and access to the Internet, plus payment of fees associated with such access). Fees for Service under 1) or 2) are set out elsewhere on the Site and on the App. We reserve the sole right to either modify or discontinue the Service, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee based services, the manner of providing or operating services you receive. Any new features that augment, enhance or otherwise change the then current Service shall also be subject to this Agreement. You understand and agree that interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access or be required to access in the course of the use of the Service, and therefore, delays and disruption of or by other network transmissions are completely beyond our control. You understand and agree that the Service available on the Site and App are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
This section sets forth your limited license to use the App.
Grant. By downloading the App, you are acquiring and Zubie grants you a personal, limited, non-exclusive, non-transferrable, non-sublicenseable license to install and use the App for your non-commercial use on a single, authorized mobile device solely as set forth in this License. Your acquired rights are subject to your compliance with this Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the App or rights to use the App. The term of your license shall commence on the date that you install or otherwise use the App, and shall end on the earlier of the date that you dispose of the App or Zubie’s termination of this license.
Your right to use the App is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the App or any component of it, except as expressly authorized by Zubie. Unless expressly authorized by Zubie, you are prohibited from making a copy of the App available on a network where it could be used by multiple users. You are prohibited from making the App available over a network where it could be downloaded by multiple users. You may not remove or alter Zubie’s trademarks or logos, or legal notices included in the App or related assets. Your right to use the App is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the App.
You have obtained a license to the App and your rights are subject to this license. Except as expressly licensed to you herein, Zubie reserves all right, title and interest in the App (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This license is limited to the intellectual property rights of Zubie and its licensors in the App and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the App, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the App. All rights not expressly granted herein are reserved by Zubie.
To use the App, you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device. You are responsible for any message and data rates from your mobile service provider when you use the App. You must comply with all rules and regulations of your mobile service provider and the mobile app store from which you download the App.
If you download the Mobile App from the Apple App Store, you acknowledge and agree that this Agreement is solely between you and Zubie, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to us as provider of the App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to us as provider of the software. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Zubie, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the App and compliance with the terms and rules of the Apple App Store, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App against you as a third-party beneficiary.
If you download the App from the Google Play Store: : (i) you acknowledge that the Agreement is between you and Zubie only, and not with Google, Inc. (“Google”); (ii) your use of App must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the App; (iv) Zubie, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to the App.
Certain versions of the App offer integrations with third party services for features such as car-sharing, insurance benefits, and other programs. These third party service providers (each an “Integrator”), import data collected from the App and the Zubie Equipment for use in providing these services. You consent to the sharing of such data with the applicable Integrator. If you use the App or the Zubie Equipment in connection with an Integrator that provides car-sharing services, you agree that you will obtain consent, as the host of the car-sharing service, from any drivers that use your vehicle through the service and that your use of the car-sharing service will not violate the rights of any third party. You will indemnify Zubie and the Integrator against all third-party liability, costs, actions, suits, judgments, damages, and expenses (including reasonable attorneys’ fees and court costs) arising out of or resulting from your breach of this Section 7 and the use of the App or the Zubie Equipment in connection with any Integrator services by you or any drivers or passengers who use your vehicle through a car-sharing platform. You release the Integrator from all claims arising out of your use of the App or the Zubie Equipment.
You agree that the App may automatically download and install updates, upgrades and additional features that Zubie deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation Zubie may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This license shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
This license is effective until terminated. Your rights under this license will terminate immediately and automatically without any notice from Zubie if you fail to comply with any of provision of this section. Promptly upon termination, you must cease all use of the App and destroy all copies of the App in your possession or control. Termination will not limit any of Zubie’s other rights or remedies at law or in equity.
10. Registration Data and Privacy
In order to access some aspects of the Service, you will need a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree to comply with all of the terms and conditions imposed by the third party browser or internet provider, you represent that all information provided in the Registration Data is true and accurate, and you agree to maintain and update this information as required in order to keep it current, complete and accurate.
You will not use the Service to track or collect any information regarding another person (such as information about their location or driving habits) unless you have first (i) provided such person with a copy of the Privacy Policy, (ii) explained to them how the Service collects such information, and (iii) confirmed that the person consents to Zubie’s collection, use, disclosure and other handling of their information, as discussed in the Privacy Policy. Secret or nonconsensual use of the Service to collect information of others is prohibited.
Zubie’s Dashcam solution offers sound recording technology. Zubie will not be held liable for any use of the audio files as it can violate labor laws in some jurisdictions. You are required to reference your state’s labor laws to validate the implications/requirements. The Device captures images of drivers that could be considered privacy violations for non-employees transported in company vehicles. Zubie will not be held liable for any usage on your part that could be considered a violation of privacy protection for individuals not covered by your privacy agreement.
This section applies to company customers of Zubie. This section shall apply only if and to the extent the California Consumer Privacy Act of 2018 (the “CCPA”) is applicable to the parties with respect to this Agreement, as amended by the California Privacy Rights Act of 2020 (the “CPRA” and together with the CCPA, the “California Privacy Law”). Capitalized terms in this paragraph that are not defined in this Agreement will have the meaning set forth in the California Privacy Law. During the term of this Agreement the Parties agree that Zubie is acting as a Service Provider for your Business under the California Privacy Law, and that: (a) each of the parties will comply with the California Privacy Law; (b) each of the parties will, upon the request of the other party, comply with the other party’s request to enter into any further amendments to this Agreement to the extent reasonably necessary to comply with California Privacy Law; (c) If Service Provider receives from your Business any Personal Information of any Consumer Processing (on behalf of your company pursuant to this Agreement, Service Provider shall (i) not Sell the Personal Information; (ii) not Share the Personal Information; and (iii) not retain, use or disclose the Personal Information outside of the direct business relationship between the Person and the your Business. Service Provider will (x) provide the same level of privacy protection as required by the California Privacy Law; (y) notify the Business if it can no longer meet its California Privacy Law obligations; and (z) permit the Business to take reasonable and appropriates steps to stop and remediate unauthorized use of personal information. Service Provider certifies that it understands and is willing to abide by the restrictions in California Civil Code Section 1798.140(w)(2)(A). Service Provider will not combine Personal Information it receives from or on behalf of the Business with Personal Information it receives independently or from or behalf of third parties.
If you subscribe to a part of the Service that requires payment of fees, you agree to pay all such fees. For all payment of such fees, we will bill your payment card. Recurring charges are billed in advance of Service. You agree to provide us with accurate and complete billing information, including valid payment card information.
If, for any reason, your credit card company refuses to pay the amount billed for the Service, you agree that we may, at our option, suspend or terminate your subscription to the Service and require you to pay the overdue amount by a means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
You agree that until your subscription to the Service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Service. In the event we take legal action to collect on an overdue balance, you agree to reimburse us for all expenses incurred to recover such sums, including reasonable attorney fees and other legal expenses.
At the completion of the Initial Term, the subscription for the Services will continue to renew on the same plan and same term period as the initial order.
Customer has the right to opt out of the subscription within 30 days of purchase. No refunds will be provided after the 30-day period. Customer will be required to complete the terms as per the initial contract unless they notify Zubie within 30 days.
Customer is responsible for notifying Zubie Support of any issues/concerns with their devices or services.
Customer shall not assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations. No assignment or delegation shall relieve the Customer of any of its obligations.
Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications and actions through the Service. You agree that your communications and actions will not:
(a) be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, irresponsible, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) constitute unauthorized or unsolicited advertising, or junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
(f) use an internet account or computer without the owner’s authorization;
(g) involve unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
(h) involve or use information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery)
(i) impersonate any person or entity including any of our employees or representatives.
Other than your direct personal communications described immediately above, you acknowledge and agree that that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content ‑‑ including text, communications, software, images, sounds, data, or other information whether created by you or acquired from another person, company, or any other website, app or internet source. We and our agents have the right in our sole discretion to remove any content or communications that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Site and App, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
You agree not to use, deploy or operate the Service in a manner that will or can victimize, harass, stalk, threaten, frighten or intimidate an individual or group of individuals, or violate laws, regulations or codes of any municipal, county, state or federal government or agency of the government. If we reasonably determine or believe that your actions in using the Service have or will victimize, harass, stalk, threaten, frighten or intimidate an individual or group of individuals, or violate any laws, regulations or codes of municipal, county, state or federal government or agency of government, we may suspend or terminate your access to this Site and App as provided in Section 28 below.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site and App may be available to you or other authorized users of the Site and App. You shall not interfere with anyone else’s use and enjoyment of the Service or other similar services. Users who violate systems or network security may incur criminal and civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we reserve the right to cooperate fully with investigations of violations of systems or network security at other sites and apps, including by cooperating with law enforcement authorities in investigating suspected criminal violations.
16. Maintenance and Ownership of Equipment and Component Software
“Zubie Equipment” consists of and includes any products, hardware, and equipment provided by Zubie, such as Zubie Device, Zubie Device with WiFi, Zubie Dashcam, Zubie Asset Trak, cables or connectors and any other equipment furnished or leased to you by Zubie or Zubie authorized agents, but excludes equipment that you purchase from Zubie. Zubie Equipment also includes software, component software, and programs or processes embedded or contained within Zubie Equipment, such as semiconductors, chips and related items supporting or enabling WiFi within Zubie devices. Excluding outright purchases of Zubie Equipment (i.e.: paid upfront), all Zubie Equipment belongs to and is owned by Zubie, Zubie affiliates or third parties doing business with Zubie. You agree to use Zubie Equipment for the Service described in these Terms of Use and for no other purpose. Zubie may change or remove the Zubie Equipment at any time on reasonable notice to you, and you acknowledge and understand that such change or removal may interrupt or temporarily disable Service. You will not sell, lease, loan, assign or donate Zubie Equipment to any third party for commercial or charitable purposes. You agree that only Zubie or an authorized Zubie agent can service, maintain, modify or repair Zubie Equipment. You will be liable for any loss, repair, replacement and related costs, damages and fees if you service, maintain, modify or repair Zubie Equipment yourself or with an unauthorized resource. You will be liable to pay one-time charges as reflected below for any Zubie Equipment that is lost, damaged, or not returned to Zubie after Service is completed.
17. Third Party Sites and Information
This Site and App may link you to other sites and apps on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites, apps and parties are not under our direct control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content or of such sites and apps or of the actions of their operators, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided as a convenience or because it is related to or associated with our Service but does not constitute a warranty of any kind, either express or implied or that we are providing the product or services available from them or their website or app.
18. Intellectual Property Information
For purposes of this Agreement, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site and App. This includes, but is in no way limited to, message boards, chat, and other original content.
By accepting this Agreement, you acknowledge and agree that all content presented to you on this Site and App is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Zubie, Inc. and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site and App in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site and App. Any unauthorized use of the materials appearing on this Site and App may violate copyright, trademark and other applicable laws and could result in criminal and civil penalties.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on or obtained through this Site and App will not infringe the rights of third parties. See “User’s Communications and Materials/Digital Millennium Copyright Act” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site and App infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
THE SERVICE, INCLUDING ALL MATERIALS, ACTIVITIES AND PROGRAMS AVAILABLE THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON‑INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER ZUBIE NOR ANY INTEGRATOR MAKE ANY WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, MATERIALS, ACTIVITIES, PROGRAMS, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS, ACTIVITIES AND PROGRAMS AVAILABLE THROUGH THE SERVICE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS, ACTIVITIES AND PROGRAMS AVAILABLE THROUGH THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS, ACTIVITIES AND PROGRAMS.
THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, such as mechanics, insurance companies and others. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE AND APP, AND/OR THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, ACTIVITIES, PROGRAMS, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE AND APP AND/OR THE SERVICE, FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Site and App often represents the opinions and judgments of an information provider, Site or App user, or other person or entity not connected with Zubie, Inc. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Zubie, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Site and App for further information.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Your exclusive remedy and our entire liability, if any, for any claims arising out of this Agreement and your use of the Service shall be limited to the amount you paid us for the services on the relevant Site or App during the two (2) month period before the act giving rise to the liability.
EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES OR INTEGRATORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM DEATH, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS, ACTIVITIES, MATERIALS OR PROGRAMS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, THE SITE, THE APP OR OF ANY WEB SITE OR APPLICATION REFERENCED OR LINKED TO FROM THE SERVICE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS, CERTAIN INTENTIONAL OR NEGLIGENT ACTS, VIOLATIONS OF SPECIFIC STATUTES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates and Integrators harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Service. 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.
22. Participation in Promotions
From time to time, the Service may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
We may make e-mail services available to users of our Site and App, either directly or through a third‑party provider.
We may employ monitoring devices or techniques to help protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any blocking or failure to block any material.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block e-mail messages that exceed the limit. We will not be responsible for such deletion or blocking messages.
You acknowledge that we may establish general practices and limits concerning use of the Service available on our Site and App, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee, if applicable, or that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof. We have the right but not the obligation to assume, without further inquiry, that any communication we receive through your account has been made by you.
Software available on or through this Site and App is subject to United States Export Controls. No software from this Site and App may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Although the Service may be accessible worldwide, we make no representation that materials on the Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site and/or App from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site and App is void where prohibited.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Service with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Service available on this Site and App immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site and App. If using the Device with In-Car WiFi, we will notify Verizon of our actions. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 4,5,7,9,12,18-21, and 28- 31 of this Agreement, as well as your liability for any unpaid fees, shall survive any termination.
Upon termination, you will:
This Site and App (excluding any linked sites and apps) and the Service are controlled by us from our offices within the State of Minnesota, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Minnesota, both of us agree that the statutes and laws of the State of Minnesota, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Service and the purchase of products and services from us available through the Service.
30. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution: Our Customer Support Department is available via email at support@zubiecar.com to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our customer’s satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Customer Support Department and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including without limitation its formation, performance and breach), the parties’ relationship with each other and/or your use of the Application and Service shall be finally settled by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Zubie will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Zubie will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County of Hennepin, State of Minnesota, United States of America, and you and Zubie agree to submit to the personal jurisdiction of any federal or state court in Hennepin County, Minnesota, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ZUBIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section 30 by sending written notice of your decision to opt-out to the following address: Zubie, 8120 Penn Ave. South/Suite 425, Bloomington, Minnesota USA 55431. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Zubie also will not be bound by them.
Changes to this Section. Zubie will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day. For any dispute not subject to arbitration you and Zubie agree to submit to the personal and exclusive jurisdiction of and venue of the District Court of Hennepin County and the United States District Court for the State of Minnesota with respect to such matters. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of:
CEO of Zubie, Inc.
8120 Penn Ave. South/Suite 580
Bloomington, Minnesota USA 55431
Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site and App to inform you of changes to the Site and App, Zubie Equipment, Service or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; (e) on the delivery date if transmitted by confirmed e-mail or (f) on the delivery date if transmitted to you through the Site and/or App.
These terms and conditions in this Agreement constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. The terms and conditions in this Agreement may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site and App is in conflict or inconsistent with this Agreement, the terms and conditions in this Agreement shall take precedence.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under this Agreement to any party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under this Agreement.
You agree not to sell, resell, reproduce, duplicate, copy, store or use for any commercial purposes any portion of this Site or App, any app associated with this Site and/or App), data or information generated by any product or service obtained from or through the Service, or from use of or access to the Service. You disclaim all rights to or ownership of information and data generated by a product or service obtained from or through the Service. In addition to any excuse provided by applicable law, we shall be excused from liability for non‑delivery or delay in delivery of products and services available through our Service arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, telecommunications disruption or malfunction, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.
I HAVE READ THE ABOVE TERMS OF USE AND END USER LICENSE AGREEMENT, AND I UNCONDITIONALLY ACCEPT THEM AS STATED AND AS SUBSEQUENTLY ALTERED OR AMENDED AND AGREE TO BE BOUND BY THIS AGREEMENT. IF I AM USING THE SERVICES ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, I AGREE THAT MY COMPANY OR ORGANIZATION IS BOUND BY THIS AGREEMENT.