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Terms of Use

These Terms of Use ("Terms") govern your use of Drive Colorado's websites, mobile applications, and all other digital products and services (collectively, "Services" or "Service") from Drive Colorado. These Services are provided either directly by Drive Colorado and its subsidiaries ("Drive Colorado", "Ineffable Concepts", "we", "us", "our"). By clicking Create Account, Register or similar button or icon, connecting to Drive Colorado through a third party or by accessing, browsing, or using these Services in any manner, you agree to be bound to these Terms and our Privacy Policy. All references to "you" or "your," as applicable, mean the person who accesses and uses Drive Colorado in any manner. Drive Colorado reserves the right to deny access to any person who violates these Terms.

We may change, add or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Service and by continuing to use the Service you agree to any changes. The date on which these Terms were last modified is set forth at the end of these Terms.

These Services are controlled and operated by Drive Colorado from its offices within the United States of America. Drive Colorado makes no representation that materials in the service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in violation of U.S. export law or regulation.

As is further explained below, you should be aware that the material that appears on our Services are for informational purposes only. We strive to make the information as accurate as possible, but errors may appear. We are not responsible for, and do not guarantee the performance of, goods and services provided by any of our advertisers or by any third party to whose website we link. The links on all our digital products and Services are designed for convenience only, and do not constitute an endorsement by Drive Colorado of that site or company, or any product, service or other material offered on that site or by that company.

Except as otherwise set forth in these Terms, as between you and Drive Colorado, all intellectual property rights in and to the Services, including without limitation all copyrights, trademarks, images, website design elements, text, graphics, logos, buttons, icons, Materials, other content, the presentation, selection and arrangement thereof, and all software is the intellectual property of and belongs solely to Drive Colorado. No rights or interest in or to any of the foregoing are transferred or granted to you pursuant to this Agreement, except as follows: Drive Colorado hereby grants you a revocable, non-transferable, non-sublicensable, limited license to access and use the Services, and the Material and Content therein, solely for personal and non-commercial purposes, in the method and manner approved by Drive Colorado from time-to-time subject to these Terms and all other applicable policies, requirements, and agreements from Drive Colorado or its licensors. You are not permitted to transfer, publish, or otherwise make available to any third party any Material (including without limitation Material downloaded or otherwise accessible or received from Drive Colorado) without Drive Colorado's prior written consent.

By accessing, using, or subscribing to any Service, including without limitation our All-Access subscriptions, you affirm that: You represent and warrant to Drive Colorado that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with these Terms.

Copyright and Limitations on use

This Agreement is personal to you, and you may not assign your usage rights to anyone or share your Drive Colorado Account with anyone. Through providing the necessary information, such as email address and password, during the sign-up process, you create an account ("Drive Colorado Account"). Each Drive Colorado Account is limited to access by only one user. All usernames, passwords, and other credentials ("Credentials") used in connection with the Services shall be the sole property of Drive Colorado, and Drive Colorado may disable access or use of such Credentials at any time in accordance with this Agreement. You are responsible for the security of your Account and the Credentials and will immediately notify Drive Colorado of any unauthorized access or use thereof. You cannot share your username, password or other Credentials with anyone, unless otherwise agreed to by Drive Colorado. Drive Colorado may, at any time in its sole discretion, discontinue or change: the Services, any Content, Materials, features, functions, data, information, or software offered or available through the Services or from Drive Colorado; or the availability of the Services, without notice to you. You may cancel your subscription at any time. The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the "Content") accessible on or available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our prior written consent, you may not use, sell, copy, reproduce, create derivative works from, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone.

Ownership of Materials

Cameras and data feeds originally come from the Colorado Department of Transportation ("CODT") as per our agreement with CDOT. Data is processed and then makes its way to our API for use in our Services.

Except as otherwise noted, the information and/or software within and available through Drive Colorado (including, but not limited to, articles, photographs, images, illustrations, and all such material collectively, the "Materials") are the exclusive property of Drive Colorado or its licensors. All Materials are copyrighted and protected by worldwide copyright laws and treaty provisions. Other than as otherwise described herein, they may not be accessed, copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Drive Colorado's prior written permission. Except as expressly provided herein, Drive Colorado grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our Services in any manner other than that described in this agreement, please contact us at admin@drive-colorado.com.

Content Rights; User Generated Content

As a Drive Colorado Account holder you may, or any other account holder at Drive Colorado may, submit content ("User Content") to the Service, including without limitation photos, road conditions, travel times, and user comments. You understand that Drive Colorado does not guarantee any confidentiality with respect to any User Content you submit.

Drive Colorado does not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Drive Colorado expressly disclaims any and all liability in connection with User Content. Drive Colorado does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Drive Colorado will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. Drive Colorado further does not permit User Content that contains any defamatory, libelous, pornographic, defamatory, offensive, or otherwise unlawful or immoral content; hate speech; illegal material; exploits minors; depicts unlawful or violent acts; violates our content guidelines, which we may update at our sole discretion; or depicts animal cruelty or violence towards animals. Drive Colorado reserves the right to remove User Content and any associated Account without prior notice.

Your Consent

By creating an Account, you are consenting to receive certain communications from us. For example, Drive Colorado may send you newsletters about new Drive Colorado features, special offers, promotional announcements and customer surveys via email or other methods. You further consent to receiving electronic communications from Drive Colorado. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation emails, authentication matters, and other transactional information) and information concerning or related to our Services. These communications are part of your relationship with Drive Colorado and you receive them as part of the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you no longer want to receive certain non-transactional communications from us, simply click on the unsubscribe link at the bottom of our email communications. Please review our Privacy Policy for further detail on our marketing communications.

You agree to maintain on file with Drive Colorado a valid email address and regularly (and at least daily) monitor such email address for any communication from Drive Colorado.

Indemnification

You agree to defend, indemnify and hold harmless Drive Colorado, its subsidiaries, affiliates, licensors, directors, officers, employees, agents, third party information providers, customers, users, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees and expert witness fees) arising out of or related to: your conduct; your use or inability to use the Service; your breach or alleged breach of these Terms or of any representation or warranty contained herein; your unauthorized use of Drive Colorado Content; any User Content you provide or which is otherwise submitted using your Account, including without limitation the use, submission, sale, upload, or provision of any image, logo, photograph, or other User Content which infringes on any third party's intellectual property right or other right; your violation of, or failure to obtain, any license with a third party with respect to any User Content; your fraud, misrepresentation, negligence, or misconduct; or any other action or omission by you which violates or results in the actual or alleged violation of any third party's rights.

Disclaimer of Warranties and Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THESE SERVICES AND THE INTERNET GENERALLY, DRIVE COLORADO IS PROVIDING THE SERVICES AND ALL CONTENTS, MATERIALS, INFORMATION, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS. DRIVE COLORADO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, CONTENTS, MATERIALS, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS AND DRIVE COLORADO WITH HAVE NO RESPONSIBILITY OR OBLIGATION RELATED THERETO. DRIVE COLORADO MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR ANY MATERIALS, INFORMATION, CONTENT, OR USER CONTENT WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE.

Limitation of Liability

IN NO EVENT SHALL DRIVE COLORADO (INCLUDING ITS EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, OR REPUTATIONAL DAMAGE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY DRIVE COLORADO OR ANY THIRD PARTY, EVEN IF DRIVE COLORADO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF DRIVE COLORADO IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITH RESPECT TO YOUR OR ANY OTHER PERSONS USER CONTENT OR UPLOADED MATERIALS, DRIVE COLORADO SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST DRIVE COLORADO RELATED TO OR ARISING OUT OF ANY SUCH USER CONTENT OR OTHER UPLOADED MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT TO THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER DIRECTLY FROM THE USER PROVIDING SUCH USER CONTENT OR UPLOADING SUCH MATERIALS.

UNDER NO CIRCUMSTANCES SHALL DRIVE COLORADO OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, INFRINGEMENT, OR LOSS OF USE, DATA OR OTHER INTANGIBLES) THAT RESULT FROM: THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT; ANY INFORMATION OR DATA IN THE SERVICES BEING INACCURATE, INCOMPLETE, FALSE, MISLEADING, INFRINGING, OR OTHERWISE DAMAGING IN ANY MANNER; OR ANY USER CONTENT, PHOTOGRAPHS, MATERIALS, OR OTHER DATA PROVIDED BY ANY CUSTOMER OR USER OF DRIVE COLORADO OR THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DRIVE COLORADO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE EXTENT DRIVE COLORADO HAS ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY OTHER PRODUCTS OR SERVICES OFFERED BY DRIVE COLORADO OR ANY THIRD PARTY, DRIVE COLORADO'S MAXIMUM TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE LESSER OF (A) THE FEES PAID BY YOU TO DRIVE COLORADO FOR ACCESS TO OR USE OF THE SERVICES OVER THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

No Unlawful or Prohibited Use

As a condition of your use of Drive Colorado's websites, Services, or other products and services, you agree you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Modification and Feedback

Drive Colorado reserves the right, but has no obligation, to release new or updated versions of the Services, or otherwise modify or discontinue any Service or portion thereof, at any time and in its sole discretion. Such modifications may include, or disable, certain features, functionality, or content. To the extent you make any suggestions, submit ideas, provide comments or feedback, or otherwise recommend or identify any actual or potential new service or any modification or improvement to a Service to Drive Colorado (collectively "Feedback"), you: (a) represent and warranty to Drive Colorado that the Feedback and all content therein belongs solely to you and does not infringe on the intellectual property rights or other proprietary interests of any third party; (b) upon sending such Feedback you grant to Drive Colorado an irrevocable, worldwide, royalty free, transferable license to the Feedback and all ideas, concepts, and other intellectual property therein; (c) you will have no right or interest in or to any development, software, product, Service, feature, function, or other development by Drive Colorado which incorporates all or any portion of the Feedback.

Termination

These Terms are effective until terminated by Drive Colorado. Drive Colorado may terminate its license provided hereunder (in whole or in part), your Account, or your right to access, use, or participate in the Services, at any time without notice in Drive Colorado's sole discretion. The license granted to you by Drive Colorado under this Agreement with respect to any Material shall be immediately and automatically revoked for such Material upon the earliest of: (a) Drive Colorado's removal of such Material from its website or any other Service; (b) termination of your Account; or (c) notice from Drive Colorado of such termination. In the event of termination, you are no longer authorized to access this site, you must immediately securely delete or destroy any Materials that were downloaded or otherwise retained by you, and the following will survive such termination and remain binding upon you: the restrictions imposed on you with respect to the Materials, the disclaimers and limitations of liabilities set forth in these Terms, and your indemnification obligations. In the event of the termination or revocation of the license provided to you hereunder, you must immediately return to Drive Colorado and securely delete or destroy any Materials in your possession that were subject to such license. Upon any cancellation or termination of these Terms, your Account, or your access or use of the Services for any reason, Drive Colorado will have no obligation to retain or provide to you copies of any User Content or other data or information in your Account, stored by Drive Colorado, or otherwise uploaded to the Services.

Jurisdiction; Arbitration; Miscellaneous

These Services are created and controlled by Drive Colorado LLC or its licensors. The laws of the State of Colorado will govern all terms, conditions and disclaimers on these Services, without giving effect to any principles of conflicts of laws. You and Drive Colorado agree that, except as otherwise explicitly set forth herein, all claims, controversies, and disputes arising out of or relating to these Terms, Service specific terms or conditions, the Services, Content, Materials, User Content, or otherwise which are not resolved by negotiation between the parties shall be submitted to binding arbitration in Lake County, Colorado, before a single arbitrator in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service (JAMS). Notwithstanding the foregoing, the following claims, actions, and disputes will not be subject to arbitration and may be brought in permitted state and federal courts: actions by Drive Colorado seeking injunctive relief or specific performance; actions regarding the applicability of, enforcement of, or recovery of losses or damages pursuant to any indemnification obligations; and actions brought by Drive Colorado to collect unpaid fees. To the extent any claim is permitted outside of arbitration, the exclusive jurisdiction of any such claim or dispute shall be the appropriate state or federal court in Lake County, Colorado. Each party hereby irrevocably waives any right to a trial by jury in connection herewith.

Any rights not expressly granted herein are reserved. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of Drive Colorado to enforce a right under these Terms will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. These terms, along with any Service specific terms and conditions, represent the entire understanding between you and Drive Colorado and supersedes any prior agreements, statements, or representations in any manner or form.

Comments

We here at Drive Colorado welcome your feedback. If you have any comments or questions feel free to contact us at admin@drive-colorado.com

LAST UPDATED OCTOBER 2, 2019

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