Terms Of Service

ONE20 INC

Product Terms and Conditions and License Agreement

Last updated: June 2017

PLEASE READ THIS PRODUCT TERMS AND CONDITIONS AND LICENSE AGREEMENT (“AGREEMENT”) BEFORE DOWNLOADING, ACCESSING OR USING ANY OF THE PRODUCTS OF ONE20 INC (“ONE-20”).  BY CREATING AN ACCOUNT OR DOWNLOADING, SIGNING INTO OR USING A PRODUCT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CREATE AN ACCOUNT OR DOWNLOAD, SIGN INTO OR USE ANY OF THE PRODUCTS. The Products and related services are only available to persons who are at least 18 years old. If you do not qualify, you may not use ONE20’s Products.

Changes to Terms: Please note that ONE20 reserves the right to update and change this Agreement from time-to-time in its discretion, which will be effective immediately upon notice, which may be given by posting on the Products, by mail, by electronic mail or any other means or, where required by law, thirty days after publication of the change through the Products. Your continued use of the Products following the posting of any changes to this Agreement will confirm your acceptance of those changes.

IF YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH ONE20 OR ITS AFFILIATE(S) FOR USE OF THE PRODUCTS, THE TERMS OF SUCH OTHER AGREEMENT WILL PREVAIL OVER ANY CONFLICTING TERMS OR CONDITIONS IN THIS AGREEMENT.

  1. General.  This Agreement is between you, an individual or entity who has downloaded or otherwise procured the Products for use as an end user (“you”), and ONE20.  This Agreement sets forth the terms and conditions applicable with respect to your use of the Products and sets forth your rights and the rights of ONE20, and limitations applicable thereto, with respect to the Products.
  2. Definitions.  

2.1  “Mobile Device” means any mobile device, tablet, computer or other supported device capable of performing the functions of a mobile device.   

2.2.  “ONE20 Access Application” means the ONE20 Driver Membership/Community Access Application which provides access to the ONE20 driver membership/community website described in Section 4.1.

2.3.  “ONE20 Access Software” means the software and protocols maintained by ONE20 which permit access to the ONE20 Driver Membership/Community Website described in Section 4.1.

2.4.  “ONE20 F-ELD Application” means the ONE20 F-ELD Electronic Logging Data Application described in Section 6.1.

2.5.  “ONE20 F-ELD Device” means the ONE20 F-ELD device described in Section 6.1, together with a mount and connecting cables, and any updates, upgrades, modifications or enhancements thereto.

2.6.  “ONE20 F-ELD Software” means the ONE20 F-ELD software described in Section 6.1, including without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components, and any updates, upgrades, modifications or enhancements thereto.

2.7.  “ONE20 Mapping Application” means the ONE20 Mapping Application utilizing the ONE20 Mapping Software and ONE20 Mapping Data described in Section 5.1.

2.8.  “ONE20 Mapping Data” means the mapping data and related information made available through or by means of the ONE20 Mapping Application, including, without limitation, applications described in Section 5.1.     

2.9.  “ONE20 Mapping Software” means the ONE20 mapping and location software described in Section 5,1, including without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components, and any updates, upgrades, modifications or enhancements thereto.

2.10. “ONE20 Websites” refers to and includes any ONE20 websites or web interfaces, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation or other components dedicated to or utilized on the ONE20 websites or web interfaces in connection with the Products.

2.11.  “Product” or “Products” refer to, individually or as an aggregate, the ONE20 Access Application, the ONE20 Access Software, the ONE20 F-ELD Application, the ONE2 F-ELD Device, the ONE20 F-ELD Software, the ONE20 Mapping Application, the ONE20 Mapping Software, any updates, modifications, enhancements or upgrades to such Products, and related equipment, software, websites or web interfaces acquired or used by you or licensed to you.

2.12  “Related Agreements” means any documentation provided to you in written form, electronically or otherwise, with the Products acquired or used by you or licensed to you, Usage Rules and any service agreement associated with your Mobile Device or computer.    

2.13  “Usage Rules” refers to and includes any usage rules, terms of service, terms of use or the like of any third-party licensor, vendor or distributor of any of the Products (such as Google Inc. or Apple, Inc.).  

  1. User Account.  You will create a user account with ONE20 when you first use any of the Products. You are entirely responsible for maintaining the confidentiality of your password and account credentials, and you agree that ONE20 may terminate your ONE20 account or access if you fail to do so. Additionally, you are fully responsible for any and all activities that occur under your account. You agree to notify ONE20 immediately of any unauthorized use of your account or any other breach of security with respect to your account or any of the Products acquired or used by you or licensed through your account or under this Agreement. ONE20 will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

Personally identifiable information that you may submit for the purpose of receiving products or services, for creating or authenticating your user account or for regulatory compliance, will be handled in accordance with ONE20’s online Privacy Statement, and may be used or shared by ONE20 as necessary to provide access to products and services and as otherwise set forth in this Agreement.

  1. ONE20 Driver Membership/Community Access Application.

4.1 Terms and Conditions Applicable to ONE20 Driver Membership/Community Access Application.  This Section 4 sets forth the terms and conditions applicable with respect to your use of the ONE20 Access Application downloaded and used by you and sets forth your rights and the rights of ONE20, and limitations applicable thereto, with respect to the ONE20 Access Application. The ONE20 Access Application permits you to access the ONE20 Websites, permits you to access other Products and permits you to access on or through the ONE20 Websites media and product information of licensors, vendors and distributors which have a cooperative relationship with ONE20.  The provisions of this Section 4 apply to all such uses of the ONE20 Access Application, including, to the extent appropriate, to other Products covered by this Agreement, to access to the ONE20 Websites and to the websites, media and product information of licensors, vendors and distributors which have a cooperative relationship with ONE20. The ONE20 Access Application is licensed to you, not sold.

4.2 License Grant. ONE20 grants you a revocable, non-exclusive, non-transferable, non-sublicensable limited license to (a) install and use the ONE20 Access Application for your personal, non-commercial use on a single Mobile Device or computer that you own or control to run a copy of the ONE20 Driver Membership/Community Application and associated products, subject to and strictly in accordance with all the terms and conditions of this Agreement and any Related Agreements, and (b) access, stream, download and use on such Mobile Device the Content and Services (as defined in Section 9) made available in or otherwise accessible through the ONE20 Access Application, strictly in accordance with this Agreement and the license granted hereby and the Usage Rules and Related Agreements applicable to such Content and Services as set forth in Section 9.

4.3 Ownership Rights to Intellectual Property.  You acknowledge and agree that the ONE20 Access Application, content, and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith including, without limitation, the ONE20 Access Software, are reserved by, and shall remain the property of, ONE20 and its licensors, if any, and that ONE20 also owns all data that has been aggregated and/or anonymized. You do not acquire any ownership interest in the ONE20 Access Application or ONE20 Access Software under the license granted in Section 4.2 or any other rights thereto other than to use the ONE20 Access Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement.

  1. ONE20 Mapping Application.

5.1 Terms and Conditions Applicable to ONE20 Mapping Application.  This Section 5 sets forth certain specific terms and conditions applicable with respect to your use of the ONE20 Mapping Application downloaded and used by you and sets forth your rights and the rights of ONE20, and limitations applicable thereto, with respect to the ONE20 Mapping Application. The ONE20 Mapping Application permits you to access the mapping and location data located on or accessible through the ONE20 Websites. The provisions of this Section 5 apply to all uses of the ONE20 Mapping Application, including, to the extent appropriate, to access to the ONE20 Websites and to the websites, media and mapping and location data and facilities provided by licensors, vendors and distributors thereof to ONE20. The ONE20 Mapping Application is licensed to you, not sold.

5.2 License Grant. ONE20 grants you a revocable, non-exclusive, non-transferable, non-sublicensable limited license to (a) install and use the ONE20 Mapping Application for your personal, non-commercial use on a single Mobile Device or computer that you own or control to run a copy of the ONE20 Mapping Application and associated products, subject to and strictly in accordance with all the terms and conditions of this Agreement and any Related Agreements, and (b) access, stream, download and use on such Mobile Device the Content and Services (as defined in Section 9) made available in or otherwise accessible through the ONE20 Access Application, strictly in accordance with this Agreement and the license granted hereby and the Usage Rules and Related Agreements applicable to such Content and Services as set forth in Section 9.

5.3 Ownership Rights to Intellectual Property.  You acknowledge and agree that the ONE20 Mapping Application, content, and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith including, without limitation, the ONE20 Mapping Software, are reserved by, and shall remain the property of, ONE20 and its licensors, if any, and that ONE20 also owns all data that has been aggregated and/or anonymized. You do not acquire any ownership interest in the ONE20 Mapping Application or ONE20 Mapping Software under the license granted in Section 5.2 or any other rights thereto other than to use the ONE20 Mapping Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement.

5.4 Proprietary ONE20 Mapping Data.  The ONE20 Mapping Data made available to you through the Products is proprietary to ONE20, its affiliates and licensors. The ONE20 Mapping Data is provided for your personal, non-commercial use only and not for resale. The ONE20 Mapping Data is protected by copyright, and is subject to the following terms and conditions in addition to all the other terms and conditions of this Agreement:

(i) Additional Restrictions.  You may not: (a) reproduce, copy, modify, decompile, disassemble or reverse engineer all or any portion of the ONE20 Mapping Data or transfer or distribute the ONE20 Mapping Data in any form or for any purpose, except to the extent permitted by mandatory laws; (b) use the ONE20 Mapping Data with any products, systems or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real-time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtops, handheld computers, tablets, electronic logging devices, pagers and personal digital assistants or PDAs.

(ii) The ONE20 Mapping Data may contain inaccurate, untimely or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results. The ONE20 Mapping Data is based on official highway maps, the United States Code of Federal Regulations and information provided by state governments and other licensors. It is provided without a warranty of any kind. The user assumes full responsibility for any delay, expense, loss or damage that may occur as a result of use of the ONE20 Mapping Data.

(iii) The ONE20 Mapping Data is provided to you “as is,” and you agree to use it at your own risk. ONE20, ITS AFFILIATES, AND ITS LICENSORS MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, CONTENT, QUALITY, ACCURACY, AVAILABILITY, TIMELINESS, COMPLETENESS, EFFECTIVENESS, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, USE OR RESULTS TO BE OBTAINED FROM THE ONE20 MAPPING DATA, OR THAT THE ONE20 MAPPING DATA OR SERVER WILL BE UNINTERRUPTED OR ERROR-FREE. Location data as well as any maps data provided by any Services or software is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury or property or environmental damage. Neither ONE20 nor any of its licensors guarantees the availability, accuracy, completeness, reliability or timeliness of location data or any other data or information displayed by the Products.

(iv) DISCLOSURE FOR PRODUCTS CONTAINING CANADIAN POSTAL CODE AND/OR CANADIAN STREET-LEVEL DATA: Based on Computer File(s) licensed from Statistics Canada. © Copyright, HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Industry, Statistics Canada 2003-2017. ALK Technologies, Inc. is an Authorized User of selected Statistics Canada Computer File(s) and Distributor of derived Information products under Licensing Agreement 6147. No confidential information about an individual, family, household, organisation or business has been obtained from Statistics Canada.

  1.  ONE20 F-ELD Application

6.1 Terms and Conditions Applicable to the ONE20 F-ELD Device, the ONE20 F-ELD Application and the F-ELD Software.  This Section 6 sets forth certain specific terms and conditions applicable with respect to your use of the ONE20 F-ELD Device and related equipment purchased by you and your use of the ONE20 F-ELD Application and F-ELD Software downloaded and used by you, and sets forth your rights and the rights of ONE20, and limitations applicable thereto, with respect to the F-ELD Device and related equipment purchased by you and the ONE20 F-ELD Application and F-ELD Software downloaded and used by you. The provisions of this Section 6 apply to all uses of the ONE20 F-ELD Application, including, to the extent appropriate, to access to the ONE20 Websites and to the websites, media and facilities provided by licensors, vendors and distributors thereof to ONE20. The ONE20 F-ELD Application is licensed to you, not sold.

6.2 License Grant. ONE20 grants you a revocable, non-exclusive, non-transferable, non-sublicensable limited license to (a) install and use the ONE20 F-ELD Application and related ONE20 F-ELD Software for your personal, non-commercial use on the ONE20 F-ELD Device purchased by you and that you own or control to run a copy of the app and associated products, subject to and strictly in accordance with all the terms and conditions of this Agreement and any Related Agreements, and (b) access, stream, download and use on such ONE20 F-ELD Device the Content and Services (as defined in Section 9) made available in or otherwise accessible through the ONE20 F-ELD Application, strictly in accordance with this Agreement and the license granted hereby and the Usage Rules and Related Agreements applicable to such Content and Services as set forth in Section 9.

6.3 Ownership Rights to Intellectual Property.  You acknowledge and agree that the ONE20 F-ELD Application, [[content,]] and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith including, without limitation, the ONE20 F-ELD Software, are reserved by, and shall remain the property of, ONE20 and its licensors, if any, [[and that ONE20 also owns all data that has been aggregated and/or anonymized.]] You do not acquire any ownership interest in the ONE20 F-ELD Application or ONE20 F-ELD Software under the license granted in Section 6.2 or any other rights thereto other than to use the ONE20 F-ELD Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement.

You further acknowledge and agree that all intellectual property associated with the ONE20 F-ELD Device, including, without limitation, all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith, including the ONE20 F-ELD Software, are reserved by, and shall remain the property of, ONE20 and its licensors, if any. You do not acquire any ownership interest in any intellectual property associated with the ONE20 F-ELD Device under the license granted in Section 6.2 or any other rights to such intellectual property other than to use the ONE20 F-ELD Device in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement.

  1. Installation of Products. ONE20 or its authorized distributor of the Products will provide you with electronic passwords or other enabling mechanisms if necessary to enable licensed use of the Products. All licenses will commence, and delivery will be deemed to occur, as of the date on which the Products are first made available to you.
  2. Product Updates and Upgrades.  You or the Products may communicate with ONE20 or third-party distributor servers periodically to check for available updates to the Products that ONE20 may make available from time-to-time in its sole discretion, such as error corrections and fixes, patches and enhancements to current features (collectively “Updates”), as well as for the availability of new versions of the Products containing significant new features and updated functionality (“Upgrades”). You agree that ONE20 has no obligation to provide any Updates or Upgrades or to continue to provide or enable any particular features or functionality. By installing or using the Products, you agree to automatically receive Updates, [[which are delivered free of charge,]] subject to any data usage charges you may incur from your wireless or cellular provider. ONE20 may also change, remove or suspend functionalities or features in its discretion. All Updates will be deemed part of the Products and be subject to all terms and conditions of this Agreement and the licenses granted hereby.
  3. Content and Services. The Products may provide you with access to ONE20’s proprietary websites including without limitation at www.one20.com (the “Website“) and products and services accessible thereon, and certain features, functionality and content accessible on or through the Products, may be hosted on the Website (collectively, “Content and Services“). Your access to and use of such Content and Services are governed by this Agreement and the Website’s Terms of Use located at www.one20.com/terms, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain Product features and functionalities. Any violation of such Terms of Use will also be deemed a violation of this Agreement. ONE20 DOES NOT PROVIDE ANY WARRANTY FOR, OR GUARANTEE THE AVAILABILITY OF, PRODUCTS AND SERVICES PURCHASED OR ADVERTISED THROUGH THE PRODUCTS.
  4. Third-Party Software and Content.

10.1 The Products utilize or include third-party proprietary software, including software that is subject to open source and third-party license terms (“Third Party Software”), and may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials“). You acknowledge and agree that your limited license right to use such Third Party Software as part of the Products is subject to and governed by the terms and conditions of the open source or third-party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. ONE20 does not offer any warranty in connection with any Third Party Software. ONE20 is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. ONE20 does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Software or Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. In the event of a conflict between the terms of this Agreement and the terms of such open source or third-party licenses, the terms of the open source or third-party licenses shall control with regard to your use of the relevant Third Party Software. In no event will the Products or components thereof be deemed to be “open source” or “publically available” software.

10.2 For iOS.  This section applies if you downloaded the Products from the Apple iTunes App Store. All the terms of this Agreement apply. In addition, specific terms for the iOS products apply as follows:

(i) Acknowledgement: This Agreement is concluded between ONE20 and you only, and not with Apple. ONE20, not Apple, is solely responsible for the Products and their content.

(ii) Scope of License: The license granted to you for the Products is limited to a non-transferable license to use the Products on any iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Please refer to the App Store Terms of Service for more information.

(iii) Maintenance and Support: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Products.

(iv) Warranty: In the event of any failure of the Products to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Products to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Products, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ONE20’s sole responsibility. Please note that ONE20 has disclaimed substantially all warranties in Section 14.2 below.

(v) Product Claims: You acknowledge that ONE20, not Apple, is not responsible for addressing any claims of you or any third party relating to the Products or your possession and/or use of the Products, including but not limited to: i) product liability claims; ii) any claim that the Products fail to conform to any applicable legal or regulatory requirement; and iii) claims arising under consumer protection or similar legislation.

(vi) Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Products or your possession and use of the Products infringe any third party’s intellectual property rights, ONE20, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim. Please note that ONE20 has disclaimed the warranty of non-infringement in Section 14.2 below.

(vii) Third Party Beneficiary: ONE20 and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement. 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 against you as a third-party beneficiary thereof.

10.3 End User License for Speech Playback.  This limitations, restrictions and exclusions in this Section 10.3 applies to the speech playback function included in the Products, if any.

Copyright © 2002, Xiph.org Foundation. Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

10.4 Links and References to Third-Party Products, Resources, Locations and Information.

ONE20’s Products may include links to third-party products, resources, locations or information. These items are included to assist users. ONE20 is not responsible for any products, resources, locations or information that is referenced within its Products. You assume all responsibility for any risk, danger or other issues that may be experienced as a result of interacting with third-party information and interfaces.

  1.  General Restrictions on the Use of the Products.

 

11.1 License Restrictions. You shall use the Products strictly for your own personal needs and shall not (nor allow any third party to): (a) decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the Products (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions); (b) make any copy, modification, adaptation, improvement, enhancement, translation or derivative work from the Products; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Products, or use the Products in such a way that distracts you or prevents you from obeying traffic or safety laws; (d) remove, alter or obscure any proprietary notice (including any patent, copyright or trademark notification) of ONE20 or its affiliates, partners, suppliers or the licensors of the Products; (e) use the Products for any purpose for which it is not designed or intended; (f) attempt to circumvent or disable the security key mechanism or other security mechanism such as encryption that protects the Products or data generated by it against unauthorized use; (g) make the Products available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time or use it for service bureau, time-sharing or other similar purposes; (h) use the Products for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by ONE20; or (i) use any proprietary information or interfaces of ONE20 or other intellectual property of ONE20 in the design, development, manufacture, licensing or distribution of any products, accessories or devices for use with the Products.

11.2 Internet-Based Services Components. Certain features of the Products require connection to the Internet through a wireless, cellular or Bluetooth connection in order to function and relay data. Such features may result in the transfer of certain data over such connections, which may or may not be secure or encrypted. You are solely responsible for obtaining any necessary Internet, data or wireless subscription plans with the applicable service providers and you must comply with applicable third-party terms of agreement when using the Products. You further acknowledge that ONE20 is not responsible for the availability of Internet or wireless connections or the security or integrity of data transmitted over such connections.

11.3 Geographic Restrictions. The Content and Services (as defined below) are based in the state of Minnesota in the United States and provided for access and use only by persons located in the United States and Canada. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and Canada and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States and Canada, you are responsible for compliance with local laws.

11.4 Driving Restrictions. You will comply with all operational and safety requirements, regulations and standards under federal and state laws and regulations in connection with your use of the Products.  You assume full responsibility for any emotional, physical or monetary harm that may be done to yourself, others or any physical property as a result of using the Products while operating a motor vehicle.

  1. User-Provided Feedback; Materials; Ratings. The Products may provide you the ability to provide feedback, ratings and review mechanisms, messaging functionality and other ways in which users can post, upload, interact with, share and submit materials (e.g., text, images, data, etc.) (collectively, “User Communications”). USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY AND BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, PROVIDING OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO OR THROUGH THE PRODUCTS, YOU UNDERSTAND AND AGREE THAT:

(a) You are granting ONE20, its designees, licensees and business partners, as well as members of the general public viewing the User Communications, consent and permission to use your User Communications, including without limitation, worldwide, royalty-free, non-exclusive, perpetual license rights, with right of sublicense, to disclose, reproduce, store, display and perform (publicly or otherwise), publish, adapt, modify, transmit, distribute, have distributed, edit, translate, reformat, create derivative works based on and otherwise use such User Communications;

(b) ONE20 shall be free to use any ideas, concepts, know-how or techniques contained in the User Communications for any purpose without obligation of compensation or attribution; and

(c) you represent and warrant that you own or otherwise control all of the rights to your User Communications and that your User Communications will not infringe or violate the rights of any third party.

(d) You may not post inappropriate, misleading, false, abusive or objectionable content. When you post on ONE20, you agree that you will not post any content that is abusive, threatening, defamatory, obscene or vulgar. What you post should also not be false or misleading; fraudulent and deceptive information is also prohibited. Posting information that falls into one or more of these categories will not be tolerated. If you choose to post objectionable information, ONE20 reserves the right to remove the content, delete your user account and prevent you from using ONE20.

(e) You may not use ONE20’s products to solicit or advertise without ONE20’s consent.

ONE20 shall have no obligation to monitor User Communications on any Products.

ONE20 reserves the right at all times to disclose any information as ONE20 deems necessary to satisfy any applicable law, regulation, legal process or governmental request or to review, edit, refuse to post or to remove any User Communications, in whole or in part, in ONE20’s sole discretion.

ONE20 DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES, OR INFORMATION FOUND IN ANY USER COMMUNICATIONS AND, THEREFORE, ONE20 MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING USER COMMUNICATIONS AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THEM (AND ANY ACTION YOU TAKE BASED ON THEM) AND ANY ACTIONS OR CLAIMS RESULTING FROM YOUR PARTICIPATION IN ANY SERVICES.

To be useful to other users, your reviews and comments must be made in good faith after reasonable evaluation. In addition, reviews may not contain content that constitutes Misuse, that is false, fraudulent or misleading, or that impersonates any other person or entity, including any of ONE20’s employees. ONE20 may take down ratings or reviews or block reviewers in the event of a violation of this Agreement.

You agree that you will not use the User Communications feature for any purpose that is unlawful or prohibited by this Agreement or any other ONE20 policy (“Misuse”). You will be responsible for any costs incurred by ONE20 or any other party (including attorneys’ fees) as a result of your Misuse of User Communications feature. Misuse includes, but is not limited to:

(i) Using User Communications to disseminate or convey inappropriate, defamatory, obscene, salacious or unlawful information, images or content; or to harass, stalk, threaten or otherwise violate the legal rights of others;

(ii) Using User Communications in such a manner so as to interfere unreasonably with its use by others;

(iii) Attempting or assisting another to access, alter or interfere with the communications and/or information of another user;

(iv) Account fraud or unauthorized access of an account;

(v) Uploading, or otherwise making available, any User Communications, including files that contain text, images, photographs, software or other content owned by others, in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of others;

(vi) Advertising, offering to sell or buy goods or using User Communications for business promotional purposes, except as expressly permitted by ONE20;

(vii) Violating any applicable code of conduct or any applicable laws or regulations; or

(viii) Taking any action that imposes an unreasonable or disproportionately large load on ONE20’s infrastructure; or uploading files that contain viruses, Trojan horses, worms or other similar software or programs that cause damage to computers or property of others.

Please note: ONE20 has no obligation to remove any User Communications that you have opted to input and share absent ONE20’s receipt of your written request to do so.

  1. ONE20’s Data Management and Data Privacy Policy.

13.1 Data Management. ONE20’s products gather data that is used to benefit ONE20’s products, users, partners, industries, as well as other parties. By choosing to download, access and use ONE20’s products, you are agreeing to share data with ONE20. “Data” is defined as any content that you create and share with a ONE20 product in any way.

By using ONE20’s Products, you acknowledge and agree to the following:

  • By downloading, installing and using ONE20’s products, you consent to all actions that may be taken by ONE20 with respect to any personally identifying information and other information of yours in compliance with ONE20’s then current Privacy Statement and this Agreement.
  • ONE20 reserves the right to collect, store, share and use your data. This includes, but is not limited to, logs, location coordinates, text submissions, rating submissions, photographic submissions, personal information and other media and information that you submit or is automatically recorded by ONE20’s products.
  • ONE20 agrees to collect, store and use your data solely in legal and compliant ways.
  • ONE20 agrees to reasonably protect and secure your information to the best of its ability.
  • ONE20 is not responsible for information that is stolen, compromised or taken unlawfully. Additionally, if your information is stolen and used in an illegal, malicious or destructive way, ONE20 is not responsible for any damage.
  • You may give permission to “Administrators” to alter your data. If given access, these Administrators have the ability to access, share, edit and delete your data. ONE20 is not responsible for the actions taken by Administrators.
  • You may give permission to other “Users” to view your data. If given access, these Users have the ability to access, share, edit and delete your data. ONE20 is not responsible for the actions taken by Users.

13.2 Data Privacy Policy.  ONE20’s data privacy practices with respect to the collection, use and disclosure, if any, of the personally identifying information or other information of its customers and product users, is governed by this Agreement and ONE20’s Privacy Statement, which can be viewed in the Products or online at www.one20.com/privacy. ONE20 reserves the right to change the provisions of its Privacy Statement at any time and from time-to-time at its sole discretion. ONE20 will post any changes to its Privacy Statement at the foregoing Web address.

  1. Limited Warranty; Disclaimer of Warranties; Warnings; Service.

14.1 ONE20 F-ELD Device Limited Warranty.  Unless covered by a separate manufacturer’s warranty, ONE20 warrants that its ONE20 F-ELD Device will be free from defects in material and workmanship under normal use and service for a period of one (1) year from the date of purchase by the first consumer purchaser.  Cables and other accessories to the ONE20 F-ELD Device will be warranted for a period of thirty (30) days from the date of purchase by the first consumer purchaser. To the extent permitted by Samsung limited warranty terms, ONE20 hereby passes along Samsung limited warranty terms to purchasers of applicable Samsung products which are included in the ONE20 Products.  

The foregoing Limited Warranty does not cover: (a) defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect or unusual physical, electrical or electromechanical stress; (b) scratches, dents and cosmetic damage, unless caused by ONE20; (c) defects or damage resulting from excessive force or use of a metallic object; (d) equipment that has the serial number or the enhancement data code removed, defaced, damaged, altered or made illegible; (e) ordinary wear and tear; (f) defects or damage resulting from the use of the ONE20 F-ELD Device in conjunction or connection with accessories, products or ancillary/peripheral equipment not furnished or approved by ONE20; (g) defects or damage resulting from improper testing, operation, maintenance, installation, service or adjustment not furnished or approved by ONE20 (h) defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse or improper use of any electrical source; or (i) any ONE20 F-ELD Device used or purchased outside the United States or Canada.

ONE20 may modify this Limited Warranty at any time; however, the modified Limited Warranty will only apply to F-ELD devices purchased after the effective date of the modification.

14.2 Disclaimers of Warranties,  THE LIMITED WARRANTY PROVIDED IN SECTION 14.1 STATES THE SOLE LIABILITY OF ONE20 ARISING OUT OF THE PERFORMANCE OF THE PRODUCTS AND, EXCEPT FOR SUCH LIMITED WARRANTY, ONE20 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND ANY SERVICES AND THEIR PERFORMANCE AND CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. EXCEPT FOR SUCH LIMITED WARRANTY, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF ONE20 PRODUCTS ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND ANY SERVICES AND CONTENT PERFORMED OR PROVIDED BY THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ONE20 MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OR ARISING FROM A COURSE OF PERFORMANCE, DEALING, OR TRADE WITH RESPECT TO THE PRODUCTS OR ANY SERVICES FURNISHED. ONE20 AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE PRODUCTS, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES OR CONTENT PERFORMED OR PROVIDED BY, THE PRODUCTS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCTS, SERVICES, OR CONTENT WILL BE CORRECTED. THE PROVISIONS OF THE PRECEDING LIMITED WARRANTY AND WARRANTY DISCLAIMERS ARE REFLECTED IN ONE20 PRODUCT PRICES.

ONE20 MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, OR SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCTS, OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCTS, WHETHER SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY ONE20 OR OTHERWISE. RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE PURCHASER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT.

ONE20’s Limited Warranty gives purchasers of The Products specific legal rights.  Purchasers may also have other rights that vary from state to state. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.  THIS MEANS THAT SOME OF THE ABOVE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO THE PURCHASER.

14.3 Warnings Regarding Use. The Products, INCLUDING THE MAPPING dATA and the electronic logging data system provided by the Products, are intended only to assist in navigation and in recording information relating to use and location of a vehicle. The Products are not intended to replace mechanical, electronic or vehicular monitoring systems or to provide information regarding geographical location for use in vehicular operation.  You must rely on monitoring systems provided with your vehicle with respect to its operations, rely on maps, GPS systems and locally available information with respect to location and use the Products with common sense. the reality observed on the road, traffic rules and regulations and information provided by your vehicle’s factory installed monitoring systems and information provided by route maps and locally posted instructions always take precedence over the information provided by the Products or the data. You must always monitor and control the operation and speed of your vehicle. ONE20 shall not be responsible for any information provided by the Products including, without limitation, any MAPPING DATA, TRAFFIC DATA, ROUTE CALCULATION, OR mechanical, electronic, operational, geographic or location information.   YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK.  OPERATIONAL, TRAFFIC AND LOCATION DATA PROVIDED BY THE PRODUCTS MAY NOT BE ACCURATE OR TIMELY.

YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE ERRORS, DELAYS, FAILURES, OR INACCURACIES IN THE TRANSMISSION OR STORAGE OF DATA OR INFORMATION BY OR THROUGH THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR FINANCIAL, PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, OR WEAPONS SYSTEMS.

14.4 ONE20’s Warranty Service Process for ONE20 Products.

If service is required, the purchaser must contact ONE20 Support, prior to returning any ONE20 Products to ONE20. To contact ONE20 Support, call 1-888-986-6320, Monday through Friday, during ONE20’s business hours, 8:00-5:00 PM, except for US holidays. The purchaser must provide proof of purchase and the serial number of the Product to obtain return authorization and instructions.

Unless otherwise specified, the purchaser must follow return merchandise authorization (RMA) procedures to get an RMA number for return to repair or to replace the Product. Shipping charges for repaired or replaced Products shipped to ONE20 will be paid by the purchaser and shipping charges from ONE20 to the purchaser will be paid by ONE20. The shipping method will be determined by ONE20. The decision to repair or replace a Product within ONE20’s Limited Warranty is at ONE20’s discretion.  

If applicable, the purchaser should keep a separate backup copy of any contents (personal or otherwise) of the Product before delivering the Product to ONE20 for warranty service, as some or all of the contents may be deleted or reformatted during the course of warranty service.

ONE20 reserves the right, upon inspection, to determine repairability and refuse to repair. The decision to repair or replace a Product within ONE20’s Limited Warranty is at ONE20’s discretion, as applicable. If the Product is deemed irreparable, ONE20 will notify the purchaser and the purchaser will advise if a replacement is desired. Replacement of irreparable Products and shipping of Products are at full cost to the purchaser. If ONE20 determines that the Product is not covered by the Limited Warranty but is repairable, ONE20 will notify purchaser and purchaser will advise if a repair is desired. In which case, the purchaser shall be responsible for all parts, shipping and labor charges for the repair or return of such Products. ONE20 may issue a credit as an alternative to repairing or replacing the Product. The decision to repair, replace or issue a credit is at ONE20’s option.

Repair, replacement or credit is the purchaser’s sole remedy for a Product that does not meet ONE20’s Limited Warranty. If ONE20 is unable to repair the Product, rplace the Product, provide credit to the purchaser, or if the limited warranty is found to have failed of its essential purpose, the purchaser’s exclusive remedy and ONE20’s sole liability in contract, tort or otherwise, is the payment by ONE20 of actual damages in an amount not to exceed the amount paid for the Product.

  1. Limitation of Remedies, Damages and Liability.  TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ONE20, ITS AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, DAMAGES FOR LOSS OF REVENUES OR PROFITS, COST OF REPLACEMENT GOODS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE, INABILITY TO USE OR MALFUNCTION OF THE PRODUCTS HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ONE20 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHERMORE, IN NO EVENT SHALL ONE20’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (other than as may be required by applicable law in cases involving personal injury) EXCEED THE AMOUNT OF FIFTY DOLLARS (USA$50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. Limitations, Exclusions and Disclaimers.  NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY WHICH MAY NOT BE LAWFULLY DISCLAIMED, EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION ON THE DURATION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS MEANS THAT SOME OF THE ABOVE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 14 AND 15 MAY NOT APPLY TO YOU. ACCORDINGLY, THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 14 AND 15 WILL APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL AND ENFORCEABLE IN YOUR JURISDICTION, AND IN SUCH CASE THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO YOU AND ONE20’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  aNY partial illegality or unenforceability shall not affect the enforceability of the remainder of such lIMITATIONS, EXCLUSIONS AND Disclaimers.
  2. Indemnification.  You shall indemnify, defend and hold harmless ONE20 and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, liability, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Products; (ii) your breach of this Agreement; (iii) your violation of law; (iv) your negligence or willful misconduct; or (v) your violation of the rights of a third party, including, without limitation, the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of this Agreement or the licenses granted hereunder.
  3. Compliance with Laws; Export. You acknowledge that the Products may be subject to export restrictions by the United States government and import restrictions by certain foreign governments. You shall not, and shall not allow any third party to, remove or export from the United States or allow the export or re-export of any part of the Products: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (c) to any country to which such export or re-export is restricted or prohibited or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. You agree to the foregoing and represent and warrant that you are not located in, under the control of or a national or resident of any such prohibited country or on any such prohibited party list. The Products are further restricted from being used for the design or development of nuclear, chemical or biological weapons, or missile technology, or for terrorist activity.
  4. Term and Termination; Survival.

19.1 Term and Termination.  This Agreement will be effective until terminated. ONE20 may terminate this Agreement at any time without notice. If you fail to comply with any terms and conditions of this Agreement, then this Agreement and any rights afforded to you hereunder will terminate automatically, without any notice or other action by ONE20. You may terminate this Agreement by deleting the ONE20 Access Application and the ONE20 Mapping Application from your Mobile Device(s) and the ONE20 F-ELD Application from your ONE20 F-ELD Device. Upon the termination of this Agreement, you shall cease all use of the Products, delete the ONE20 Access Application and the ONE20 Mapping Application from your Mobile Device(s) and delete the ONE20 F-ELD Application from your ONE20 F-ELD Device, and all rights granted to you under this Agreement will cease. Termination will not limit any of ONE20’s rights or remedies at law or in equity.

19.2 Survival.  The following sections of this Agreement and any other provisions of this Agreement which by their express language or by their context are intended to survive the termination of this Agreement will survive such termination: 1 (General), 2 (Definitions), 3 (User Account), 4.3 Ownership Rights to Intellectual Property, 5.3 Ownership Rights to Intellectual Property, 5.4 Proprietary ONE20 Mapping Data, 6.3 Ownership Rights to Intellectual Property, 10 (Third Party Software and Content), 11.1 (License Restrictions), 11.3 (Geographic Restrictions), 12 (User-Provided Feedback; Materials; Ratings), 13 (ONE20’s Data Management and Data Privacy Policy), 14.2 (Disclaimers of Warranties), 15 (Limitation of Remedies, Damages and Liability), 16 (Limitations, Exclusions and Disclaimers), 17 (Indemnification), 18 (Compliance with Laws; Export), 19.2 (Survival), and 20 (Miscellaneous).

  1. Miscellaneous.

20.1 Entire Agreement; Assignment. This Agreement, including the documents incorporated herein by reference, constitutes the entire agreement with respect to the use of the Products, including without limitation the Products licensed hereunder, and supersedes all prior or contemporaneous understandings regarding such subject matter. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. ONE20 may assign this Agreement to any affiliate or in connection with a merger, reorganization, acquisition, change of control or other transfer of all or substantially all of ONE20’s assets or voting securities. You may not assign or transfer this Agreement, in whole or in part, in any manner, including in connection with a merger, reorganization, acquisition, change of control or other transfer of all or substantially all of your assets or voting securities, without ONE20’s prior written consent. Any attempt to transfer or assign this Agreement without such written consent will be void.

20.2 Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.

20.3 Amendments; Waiver. ONE20 reserves the right to update and change this Agreement from time-to-time in its discretion, which will be effective immediately upon notice, which may be given by posting on the Products, by mail, by electronic mail or any other means or, where required by law, thirty days after publication of the change through the Products. Your continued use of the Products following the posting of any changes to this Agreement will confirm your acceptance of those changes. Except as provided in the foregoing two sentences, no supplement, waiver, modification or amendment of this Agreement shall be binding, unless executed in writing by a duly-authorized representative of each party to this Agreement. Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement will not affect a party’s ability to exercise such right or require such performance at any time thereafter nor will the waiver of a breach constitute a waiver of any subsequent breach.

20.4 Force Majeure.  ONE20 shall not be liable to you for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to unforeseen events and which are beyond the reasonable control of ONE20, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays ONE20 from fulfilling its obligations and ONE20 is not able to prevent or remove the force majeure at reasonable cost.

20.5 Governing Law; Jurisdiction and Venue.  This Agreement is governed by the laws of the State of California and United States federal laws without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Jurisdiction and venue for actions related to the subject matter hereof are the State of California and United States federal courts located in Santa Clara County, California, and both parties hereby submit to the personal jurisdiction of such courts.

20.6 Equitable Relief.  You acknowledge that your breach of this Agreement would cause substantial harm to ONE20 that could not be remedied by the payment of damages alone. Therefore, upon any breach of this Agreement by you, your employees, agents or contractors, and in addition to any other available legal remedy, ONE20 will be entitled to seek appropriate equitable relief in any court of competent jurisdiction without the requirement of posting a bond or undertaking or proving injury as a condition for relief.

20.7 Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20.8 Government End-Users Restricted Rights. The Products and related documentation, which were developed fully at private expense, are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

20.9 Notices.  Any notice to ONE20 hereunder shall be in writing and sent to ONE20 Inc, Attn: Legal Department, 935 Stewart Drive, Sunnyvale, CA 94085. Notices shall be deemed given: (a) upon receipt if by personal delivery; (b) upon receipt if sent by certified or registered U.S. mail (return receipt requested); or (c) one day after it is sent if by next day delivery by a major commercial delivery service.

  1. Digital Millennium Copyright Act (17 U.S.C. §512).

ONE20 and its products comply with the provisions of the Digital Millennium Copyright Act. If you find information in ONE20’s products that does not comply with the rules and regulations included within the Digital Millennium Copyright Act, notify ONE20 at [email protected]. ONE20 will review the content and take the action that it deems appropriate.

  1. Provide Feedback.

As a ONE20 user, you have the right to provide feedback to ONE20 on its Products. ONE20 reserves the right to review, refrain from reviewing, share your feedback and respond to the feedback in any way it deems appropriate.

  1. Contact Us.

ONE20’s contact address is in Minneapolis, Minnesota, as noted at www.one20.com. You may contact us at [email protected] or at 1-888-986-6320 for questions, complaints or claims with respect to the Products and associated products.

# # #

The ONE20 Access Application software includes the following listed Open Source software components licensed under the license agreements referenced and set forth below:

Sugar ORM library – http://satyan.github.io/sugar/index.html

Orhanobut Logger library, Copyright 2015 Orhan Obut – http://www.apache.org/licenses/LICENSE-2.0

Required copyright notices:

  • Truck Stop location data © Copyright 2016 Comdata Inc, 5301 Maryland Way, Brentwood, TN 37027. All rights reserved.
  • Traffic information provided by INRIX © 2016. All rights reserved by INRIX, Inc.
  • Canadian Postal Codes data based on Computer File(s) licensed from Statistics Canada. © Copyright, HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Industry, Statistics Canada 2003-2016. This does not constitute an endorsement by Statistics Canada of this product.
  • Contains information licensed under the Open Government License – Canada. http://open.canada.ca/en/open-government-licence-canada
  • Certain Points of Interest (POI) data by Infogroup © Copyright 2016. All Rights Reserved.
  • Geographic feature POI data compiled by the U.S. Geological Survey.
  • Oil and Gas field content provided by GEOTrac Systems Inc. © Copyright 2016. All Rights Reserved
  • Cartographic data provided by multiple sources including lnstituto Nacional de Estadistica y Geografia, U.S. Geological Survey, Natural Earth and © Department of Natural Resources Canada. All Rights Reserved.
  • Speed limit information provided by SpeedGauge, Inc. ©Copyright 2002-2016. All rights reserved.
  • Source of map data for Mexico provided by lnstituto Nacional de Estadistica y Geografia.
  • All Retail Prices for Pilot Flying J locations are subject to change and are subject to Pilot Flying J’s disclaimer set forth at http://www.pilotflyingj.com/disclaimer.
  • National Elevation Data produced by the U.S. Geological Survey.
  • Geographic Names Information System (GNIS) Database provided by the United States Geological Survey. All Rights Reserved.
  • Amazon Web Services by Amazon LLC. All Rights Reserved.