1. Acceptance of AgreementThis End User License Agreement ("Agreement") you are reading is a legally binding agreement between T.I.B.A. , LLC ("Company", "We" or "Us") and yourself ("You"). By installing, copying, downloading, accessing, or otherwise using the Company's mobile application (the "Application") you agree that you have read, understood, accept and agree to be bound by this Agreement.
By checking "I agree", you acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If you are unwilling to accept all of the terms of this Agreement, you should not check the "I agree" checkbox and you should not download the Application.
We may change these terms at any time by notifying you of a change details when you next start the Application. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
From time to time updates to the Application may be issued through iOS® and/or Android® application online download store. Depending on the update, you may not be able to use the Application until you have downloaded the latest version of the mobile device operating system and accepted any new terms once the updated application is launched.
Your continued use of the Application after a change or modification of this Agreement has been made, will constitute your acceptance of the revised Agreement. If you do not agree to the Agreement, your only remedy is to discontinue your use of the Application and to cancel any “Account(s)” (as such term is defined below) you have created for use of the Application.
If you violate the Agreement, the Company reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the Accounts you have created for using the Application. You agree that the Company does not need to provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.
You declare that by acceptance of this Agreement and/or by using the Application you are of legal age to form a binding contract with the Company or under the strict and continuous supervision of a parent or any other qualified legal guardian, and in any case, at least 18 years of age. You may not use the Application and may not accept this Agreement if you are a person barred from receiving the services provided through the Application under the laws of the country in which you are resident or from which you use the Application.
2. Description of the Application The Company provides a mobile device downloadable application for iOS® and Android® online application store. The application enables Mobile device users to register their mobile device for using it as the means to request passage in and out of a vehicle access-controlled lane using TIBA’s lane equipment with utilizing Bluetooth technology. Access to the Application is currently free of charge. The Company may, at its sole discretion, change this policy and begin charging for access to the Application and other features and services, and the Company may, at its sole discretion, add, remove or change the features and services it offers or the fees (including the amount or the type of fees) the Company charges at any time. The Company is not responsible for any charges or expenses you incur, resulting from being billed by the Company in accordance with this Agreement (including, inter alia, clearing and other payment services).
3. License Grant to Use the ApplicationThe Company hereby grants you a personal, non-exclusive, non-transferable and non-sublicensable revocable license, which is time-limited to the term of this Agreement, to install the Application on one (1) mobile device, solely for your internal use. For the removal of doubt, no commercial use may be made by you or any others on your behalf with the use of the Application without the Company's prior written consent. The Application is licensed, not sold, to you for use only under the terms of this Agreement. The Company reserves all rights not expressly granted to you.
You shall not make any copies of the Application and are expressly prohibited from providing the Application or any portion thereof, or access thereto, to any third party, except as otherwise agreed to by the Company in writing.
You shall not remove or destroy any copyright or restricted rights notices: (a) affixed to any media containing the Application; or (b) incorporated within the Application. You shall not reproduce any such copyright or restricted rights notices in any copy of the Application created by you.
The Company may make modifications, additions and upgrades to the Application, as it deems necessary. The terms of this Agreement will apply to any updates that the Company may make available to you unless the update is accompanied by a separate license, in which case the terms of that license will govern. You agree that updates may require you to change or update your application, and may affect your ability to use, access or interact with the Application. The Company is not obligated to provide any maintenance, technical or other support for the Application.
You hereby acknowledge that your right to use the Application is limited by this Agreement, and, if you violate or if, at any point, you do not agree to any of this Agreement, your right to use the Application shall immediately terminate, and you shall immediately refrain from using the Application. If the Application or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any right to use the Application, and must refrain from using the Application.
4. Access to the ApplicationIt is your responsibility to ensure your mobile device meets all the necessary technical specifications to enable you to access and use the Application. The Company does not provide you with the equipment to access and/or use our Application. You are responsible for all fees charged by third parties related to your access and use of the Application (e.g., charges by internet service providers or air time charges).
The Application is currently to be used on devices that operate with iOS® and/or Android®.
The Company cannot guarantee that the Application will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Application, and may result in the failure of your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. the Company takes no responsibility for any disruption, interruption or delay caused by any failure of, or inadequacy in any of these items or any other items over which we have no control, including, but not limited to, failures or delays resulting from labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
5. Registration and Account Information In order to use the Application, you shall be required to register or create an account (the "Account"). You can never use another account without permission. When creating your account, you must provide accurate and complete information.
During the process of creating the Account, you shall be sent a verification code and shall be required to submit this verification code for the registration process (the "Login Information"). The following rules govern the security of your Account and Login Information. For the purposes of this Agreement, references to Account and Login Information shall include any Account and Account information, whether or not created for the purpose of using the Application, that are used to access the Application:
a. You shall not share your Account or Login Information, nor let anyone else access your Account, or do anything else that might jeopardize the security of your Account; b. In the event you become aware of, or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify the Company and modify your Login Information;c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you; d. You are responsible for anything that happens through your Account, whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates this Agreement, or is otherwise improper or illegal; e. You undertake to monitor your Account and restrict use by any individual barred from accepting this Agreement and/or receiving the Application, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Application by any of the above mentioned;f. The Company reserves the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to claims by a third party that a username violates such third party's rights.
You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes. You represent and warrant that you have full right and authority to provide the Company with the foregoing information, including, without limitation, any third party's consent (to the extent required under any applicable law).
You agree to be presented in the Application with advertisements and promoting materials and periodic e-mails with content recommendations, and further including third party offers which may be designated specifically to you based on your personal information.
6. Account TerminationThe Company may refuse access to the Application or may suspend or terminate your Account without notice, for any reason, including, but not limited to, a suspected violation of this Agreement, illegal or improper use of your Account, or illegal or improper use of the Application, products, or the Company's intellectual property as determined by the Company in its sole discretion. You may lose your user-name as a result of Account termination or suspension, without responsibility on the part of the Company for any damage that may result from the foregoing. If you have more than one Account, the Company may suspend or terminate all of your Accounts.
In addition to the foregoing, the Company may selectively remove, revoke or garnishee benefits associated with your Account. If your Account, or a particular subscription for a Service associated with your Account, is terminated, suspended and/or if any benefits are selectively removed, revoked or garnisheed from your Account, no refund will be granted, no benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or benefits associated with your Account or such particular Service.
You acknowledge that the Company is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnisheeing benefits associated with your Account. In the event that the Company terminates your Account, you may not participate nor make use of the Application again without the Company's express consent. The Company reserves the right to refuse to keep Accounts for, and provide access to the Application, or other Application to any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: moc.gnikrapabit%40ofni.
You are solely responsible to preserve the originals of any content you provide and/or upload to the Application. The Company does not guarantee that any content will always be available through the Application. Do not rely upon the Application as a storage space for such content.
7. Rules of Conduct and UsageYou represent and warrant that you have full right and authority to use the Application and to be bound by this Agreement. You agree that you will comply fully with this Agreement and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Application. Without limiting the foregoing and in recognition of the global nature of the internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
You undertake that you shall not defraud, or attempt to defraud, the Company or other users, and that you shall not act in bad faith in your use of the Application. If the Company determines that you have acted in bad faith and/or in violation of this Agreement, or if the Company determines that your actions fall outside of reasonable standards, the Company may, at its sole discretion, terminate your Account and prohibit you from using the Application. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
a. Create an Account with or access the Application, if you are barred from receiving the Application under the provisions of this Agreement or any applicable law;b. Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable;c. Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;d. Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by the Company or by applicable statutory law), modify or alter any part of the Application;e. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Application or the mobile phones of other users of the Application;f. Violate the contractual, personal, intellectual property or other rights of any party, including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Application in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);g. Create false personas, multiple identities, multiple user Accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate this Agreement and/or the Agreement of service of any third-party applications;h. Attempt to obtain passwords or other private information from other members including, personally identifiable information (whether in text, image or video form), identification documents, or financial information;i. Improperly use support channels or complaint buttons to make false reports to the Company;j. Make representations with respect to the Company not approved in advance and in writing by the Company. You shall obtain the Company's prior written approval to the content of any marketing message, and with respect to any use of the Company's trade name and/or trademarks and/or designs in connection with the Application; k. Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without the Company's prior written consent;l. Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without the Company's prior written consent; m. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;n. Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Application; and/oro. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Application.
8. Intellectual Property OwnershipThe Company and/or its affiliates retain all rights in the Application (including, but not limited to, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the "Application Materials"). The entire contents of the Application are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Application pursuant to this Agreement or otherwise exploit any of the Application Materials without the Company's explicit, prior written consent. All other uses of copyrighted or trademark material, including any derivative use, require explicit, prior written consent from the Company. Any reproduction or redistribution of materials not in accordance with this Agreement is explicitly prohibited and may result in the termination of your Account as well as severe civil and criminal penalties.
The Company and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Application Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Application or by accessing any of the Application Materials, or rights to any derivative works thereof.
You are not required to provide the Company with any feedback or suggestions regarding the Application or any of the Application Materials. However, should you provide the Company with comments or suggestions for the modification, correction, improvement or enhancement of the Application and/or any of the Application Materials, then, subject to the Agreement and conditions of this Agreement, you hereby grant the Company a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner the Company chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of the Company's and its sub-licensee's products and content embodying such comments or suggestions in any manner and via any media the Company chooses, but without reference to the source of such comments or suggestions.
9. Disclaimer of Warranty; Limitation of Liability; IndemnificationThe Application is provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions taken or made in reliance on the Application. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Application and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
The Company assumes no liability or responsibility for any:a. Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;b. Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Application;c. Any unauthorized access to or use of Third-Party Materials, secure servers and/or any and all personal information and/or financial information stored therein;d. Any interruption or cessation of transmission to or from the Application;e. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Application by any third party; f. Any results that may be obtained from the use of the Application;g. The quality of any information, or other material obtained by you through the Application; h. Any content which is published, displayed and/or suggested through the Application, its integrity, accuracy and/or reliability; ori. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Application.
Without derogating from the abovementioned, in no event will the Company, its directors, officers, agents, contractors, partners, consultants and/or employees, be liable to you or any third person for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any lost profits or lost data arising from your use of the Application or other materials on, accessed through or downloaded from the Application, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for any user submissions and/or defamatory, offensive and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with you. Without derogating from the aforementioned, in any event the Company's maximum liability in all cases and from all causes of action shall be limited to the sum of US $1.
You agree to indemnify and hold the Company, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following: a. Your use of, and access to the Application;b. Your violation of any term of this Agreement;c. Your violation of any third-party right, including without limitation any copyright, property, or privacy right;d. Any claim that any user submission made by you has caused damage to a third party; or
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
10. Third Party MaterialYou may be able to access, review, display or use third party services, resources, content, information or links to other websites or resources ("Third Party Materials") via the Application. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and the Company disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Application. You acknowledge and agree that the Company: (i) is not responsible for the availability, accuracy, integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Application. Your ability to access or link to Third Party Materials or third party Application does not imply any endorsement by the Company of Third Party Materials or any such third party services.
This Agreement does not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.Without derogating from any of the Company's rights and remedies under this Agreement and/or under law, the Company will be entitled, at its sole discretion, to immediately discontinue the Application or any part thereof, including the termination of your Account, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.You may not use any Third Party Materials for which you have not obtained appropriate approval to use. The Company cannot grant permission to use third party content.
11. Links, Search Engines The Application may contain links to other websites or resources ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. NoticesNotices to you may be made via the Application and/or e-mail. The Company may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Application. You agree that all agreements, notices, disclosures and any other communications that the Company provides as aforementioned satisfy any legal requirement that such communications be in writing. Any and all e-mail notices sent to you will constitute sufficient and effective delivery and notice to you, whether or not you access or review the notice and shall be deemed to have been delivered to you, whether actually received by you or not.
13. Miscellaneous By using the Application, you agree that the laws of Ohio, United States without regard to principles of conflict of laws and regardless of your location, will govern this Agreement and any dispute of any sort that might arise between you and the Company. You expressly agree that the 1980 - United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Any claim or dispute between you and the Company that arises in whole or in part from your use of the Application shall be decided exclusively by a court of competent jurisdiction located in Columbus, Ohio, United States, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Ohio, United States.
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to the Application must be commenced by you within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The failure by the Company to enforce any provision of this Agreement, will not constitute a waiver of future enforcement of that or any other provision. If, for any reason, a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
This Agreement constitute the complete and exclusive agreement between the Company and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter.
For any questions about this Agreement or any other issue regarding the Company or the Application please contact us at: .moc.gnikrapabit%40ofni
Last Update: 27 April 2020