DisCLOSURE STATEMENT OF 'COMPASS SPEED MAP' APPLICATION
These Terms of Use (Terms) govern your rights and obligations regarding the use of CedoliaApps LLC 'Compass Speedometer Map' (Software) and service (both collectively referred to as the Service) on the Internet or in cellular media.
These Terms constitute a fully binding agreement between CedoliaApps LLC, the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.
By using the CedoliaApps LLC Service, you signify your assent to These Terms.
CedoliaApps LLC (Privacy Policy) and CedoliaApps LLC (Copyright Policy).
All of which are an integral part of these Terms.
If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.
Key Points
The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by CedoliaApps LLC.
Road information prevails
The information provided by the Service is not intended to replace the information provided on the road, such as travel direction, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc.
Cautious driving
Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to non-verbally interact with the Service or use the Service in a non-verbal manner for any purpose other than navigation while driving. Traffic updates or non-verbal reports you want to communicate to others, may only be sent after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, such updates may be sent by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver's attention to the road.
Non-continuous updates
The information provided by the Service originates from GPS data provided by your device. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. CedoliaApps LLC does not provide any warranties to such information's credibility or reliability.
Location-based Service
This software makes use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the “Compass Speedometer Map” application is installed and activated. These features cannot be provided without utilizing this technology.
“Compass Speedometer Map” uses your location and route information to create a detailed route when using the Service based on either the choice of Apple Maps or Google Maps if the 'Google Maps' application is installed on your Apple device. Your intended destination is stored on the device as a convenience for further use if you choose to save this information.
At no time, is this information shared with anybody else. You also have the ability to delete such information from the device by utilizing the application functionality.
Advertisements
Third party advertisements may appear on the Service from time to time if you are using the free version of the software.
CedoliaApps LLC does not endorse these advertisements, and the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.
The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense.
Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G, LTE) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
Your age
The Service is intended for use by users who are of the legal age required to hold a driving license. Under no circumstances, should you be using this software to drive a motorized vehicle and not in possession of a valid driver’s license.
Privacy
Your privacy is very important to us. While using the Service, no personal information is collected by CedoliaApps LLC. When you search for an address, this information is stored on your device only for the sole purpose of allowing you to be able to recall the address at a later time and be directed to that address if you so choose.
Usage of the Software
Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to send any content while driving or operate the service in such manner that interferes with the due course of driving and distracts the driver.
Apple
If you use the Service on an Apple device, then you agree and acknowledge that:
- Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
- Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
- You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
- Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Export Control
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
LIMITATION OF LIABILITY AND WARRANTY:
CEDOLIAAPPS LLC PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS.
THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER.
WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally and without derogating from the above clause, CedoliaApps LLC disclaims any warranties relating to the accuracy of the maps, Content, road conditions, driving directions, or navigation routes presented or displayed in or by the Service.
For instance, traffic may be congested in roads depicted by the Service as uncongested; existing roads may be missing from the map; users may submit faulty or inaccurate Content or reports.
Such errors and omissions are inherent to any community-based service that operates on users' posts and on the information provided by them.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD.
IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE PERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.
CedoliaApps LLC exerts efforts to provide you with a high quality and satisfactory service.
However, we do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe,immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in CedoliaApps LLC or any of its providers.
CEDOLIAAPPS LLC, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE
The Service may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. (“Ads”).
The Ads may pop up or be displayed on the Service maps from time to time. CedoliaApps LLC may post Ads on the Service but more often than not via Apple's iAdBanner software if you use the free version of the Service, the source of such Ads is third parties, and as such, CedoliaApps LLC cannot and does not guarantee the reliability or accuracy of third party Ads. CedoliaApps LLC does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, CedoliaApps LLC will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service. It is underscored that the advertising of commercial content by CedoliaApps LLC via Apple's iADBanner, does not constitute a recommendation or encouragement to procure the goods or services advertised.
Insofar as the Software includes links to services or applications not operated or managed by CedoliaApps LLC, CedoliaApps LLC will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. CedoliaApps LLC will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software
YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREOING PROVISION, THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.
BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless CedoliaApps LLC and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms.
In view of the fact that the Service is provided to you, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by CedoliaApps LLC, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
MODIFICATIONS TO THE SERVICE AND SOFTWARE
CedoliaApps LLC may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service's features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against CedoliaApps LLC for applying such changes or for failures incidental to such changes.
TERMINATION OF SERVICE
CedoliaApps LLC may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
MODIFICATIONS OF THESE TERMS
CedoliaApps LLC may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service's home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software
GOVERNING LAW AND JURISDICTION
These Terms, the Software and the Service will be governed solely by the laws of the United Stated of America, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of a competent court in the United States of America.