|Last Revision Date: March 22, 2016
MyRideTrac Terms of Service
Welcome to MyRideTrac. We are here to help you track your rideshare mileage and we hope you enjoy the service! These terms (the “Terms”) apply to the use of MyRideTrac and any related websites or platforms, and all other online products and services (the “Service”) provided by CreativeStategiesIT, LLC (“CSIT”, “CreativeStrategiesIT”, “we”, “us” or “our)
Accepting the Terms
If you access or use the Service, it means you agree to be bound by all of the terms below. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Service. These terms may change from time to time. The date at the top of this document/page will change as these Terms are updated. If you use the Service after we have posted changes to the Terms, then you have accepted the changes to the Terms.
Description of the Service
MyRideTrac is a mobile service application that passively tracks miles driven to make it easier to classify reimbursable and deductible business miles. MyRideTrac asks you to opt-in to certain features, like notifications and GPS tracking. MyRideTrac will collect and report your mileage and certain purchases.
CreativeStrategiesIT grants you a nonexclusive, non-transferable and revocable license to use MyRideTrac on any one mobile device that you own or control for which a version of MyRideTrac has been developed. The terms of the license will also govern any upgrades provided by CSIT that replace and/or supplement the original MyRideTrac, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You agree not to use MyRideTrac except in its intended manner in accordance with the terms and conditions outlined in these Terms, and agree that any other use may constitute infringement of copyright.
Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Service; (b) license, sublicense, resell, distribute, rent, lease, lend, transfer, assign or otherwise dispose of the Service; (c) disassemble, decompile or reverse engineer any of the software components of the Service; (d) copy, frame or mirror any part of the Service; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Service or its related systems or networks.
You agree that the service, including but not limited to MyRideTrac products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the service, contains proprietary information and material that is owned by CreativeStrategiesIT and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the service in compliance with this Agreement. No portion of the service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the service in any manner, and you shall not exploit the service in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Informational Purposes Only
Your use of the Service is at your own risk. Please drive safely and follow all rules of the road. CreativeStrategiesIT, LLC is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. All tools and content provided by CreativeStrategiesIT, LLC via the Services is for your basic informational purposes only. CreativeStrategiesIT, LLC does not provide professional or legally binding tax, health or legal services. It is up to you in your sole discretion to decide whether or not to utilize the platform and information provided by MyRideTrac and any affiliated products.
Distracted Driving Awareness
Distracted Driving is very dangerous. Always drive in accordance with traffic laws and in a manner that is appropriate and safe for the road and traffic conditions. Any interaction with the Service while operating a motor vehicle is strictly forbidden. Any interactions with the Service should only be performed while your motor vehicle is not in motion and in a location permitted by law. Passengers other than the driver may interact with the Service while the motor vehicle is in motion, provided any such interaction does not distract the driver’s attention from the road or traffic and does not interfere with the driver’s operation of the motor vehicle.
As between you and CreativeStrategiesIT, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by CSIT or is used with permission. You own all of your Content (“Content” is the data entered by you using the Services or created and collected during your use of the Services). However, when you post, link, email or otherwise make available Content to the Service, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any manner or media, on or off the Service. CSIT reserves all rights not expressly set forth in these Terms.
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL CREATIVESTRATEGIESIT, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR YOUR USE OF MYRIDETRAC, WITH THE EXCEPTION OF RETURN OF FEES PAID TO CREATIVESTRATEGIESIT FOR YOUR LICENSED USE OF MYRIDETRAC REFERENCED IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TO THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF CREATIVESTRATEGIESIT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF CREATIVESTRATEGIESIT’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, SHALL NOT EXCEED ANY AMOUNTS PAID BY YOU TO CREATIVESTRATEGIESIT FOR THE SERVICES.
IN ALL CASES, CREATIVESTRATEGIESIT, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORSEEABLE.
You agree, at your sole expense, to defend, indemnify and hold CreativeStrategiesIT, our service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or the rights of any third-party; or (iii) any user content.
Changes to the Service
CSIT reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. CSIT will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.
Consent to Electronic Communications
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@CreativeStrategiesIT.com.
You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions relating to MyRideTrac including notices of cancellation, policies, contracts and applications.
CreativeStrategiesIT reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the service. Such modifications and additional terms and conditions will be communicated to you by e-mail and will be deemed accepted and effective immediately, and will be incorporated into this agreement, unless you choose to terminate the service.
Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Suspension and Termination
CreativeStrategiesIT may suspend or terminate your rights to access or use the Service for any reason or for no reason at all and with or without notice at CreativeStrategiesIT’s discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at support@CreativeStrategiesIT.com.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH CREATIVESTRATEGIESIT AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CREATIVESTRATEGIESIT.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and CreativeStrategiesIT agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Chicago, Illinois. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and CreativeStrategiesIT are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and CreativeStrategiesIT intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Chicago, Illinois. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of Arbitration, including but not limited to attorney fees and arbitrator fees, shall be borne by the losing party. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
Enforcement of these Terms is solely at CreativeStrategiesIT’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules.
Important Safety Information:
To avoid muscle, joint, or eye strain during your use of any application, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using any applications if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products.
This Agreement constitutes the entire agreement between the you and CreativeStrategiesIT, LLC concerning the use of the Service. All prior agreements, discussions, representations, warranties and covenants are merged herein. There are no warranties, representations, covenants or agreements, expressed or implied, between the parties except those expressly set forth in this agreement. Any amendments or modifications of this agreement shall be in writing and executed by the contracting parties.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, CreativeStrategiesIT has adopted a policy of terminating, in appropriate circumstances and at CreativeStrategiesIT’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe in good faith that any content on MyRideTrac infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.loc.gov/copyright for details). Notices and counter notices should be sent to our designated agent at: Support@MyRideTrac.com