Terms of Service
Neevo LLC ("Neevo", "We", "Our") mobile device software applications (the "Neevo Software"), websites, services, and content (e.g., widgets, feeds, and applications) owned or operated by Neevo (the "Neevo Services" ) are govern by the following terms and conditions.
General Information
Before using any Neevo Services, please read carefully the following terms and conditions of service. By accessing, browsing and/or using the Neevo Services, you acknowledge that you have read, understood, and agree to be bound by all consents and disclosures set forth in the Neevo registration process (and hereby incorporated herein by this reference), all of the following terms and conditions, including any future modifications to this terms of service, and all guidelines (collectively, the "agreement"). If you do not agree to this agreement, then please cease using the Neevo services immediately.
The Neevo services are available for individuals aged 14 years or older. If you are 14 or older but under the age of 18, then you agree to review these terms and conditions with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this agreement and you agree to have your parent or guardian review and accept this agreement on your behalf through the Neevo registration process. If you are a parent or guardian entering this agreement for the benefit of a child over 14, then you agree to and accept full responsibility for that child's use of the Neevo service, including all financial charges and legal liability that he or she may incur.
Important Disclaimers
The Neevo services are intended only as personal, location-based services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application or the Neevo services could lead directly to death, personal injury, or severe physical or property damage.
You acknowledge and agree that Neevo has offered the Neevo services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth below. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and Neevo, and that the warranty disclaimers and the limitations of liability set forth in this agreement form an essential basis of the bargain between you and Neevo. Neevo would not be able to provide the Neevo Services to you on an economically reasonable basis without these limitations and disclaimers.
Privacy Policy; Guidelines to Features and Services
Neevo's Privacy Policy is hereby incorporated into this Agreement by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information and real-time location information. When using any of the Neevo Services, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the "Guidelines"). All Guidelines are hereby incorporated by reference into this Agreement.
Modification of This Agreement
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or any Guidelines at any time. Please check this Agreement and all Guidelines periodically for changes. Your continued use of the Neevo Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. For any material changes to this Agreement or any Guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on Neevo Services.
Ownership; Proprietary Rights
The Neevo Services are owned and operated by Neevo. The Neevo Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Neevo Services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Neevo Services are the property of Neevo or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Neevo Services are proprietary to Neevo or its affiliates and/or third-party licensors. Except as expressly authorized by Neevo, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Account Information
The Neevo Services are not available to persons under the age of 14 or to any Users suspended or removed from the Neevo Services by Neevo. You agree that the information you provide to Neevo upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.
Password
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times.
YOU MUST NOTIFY NEEVO IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL.
We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure.
YOU MAY NOT SHARE YOUR ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
Payment Terms; Cancellation and Refund Policy
You agree to pay any fees due for and incurred by your use of the Neevo Services. Any payments and fees for your purchase and use of the Neevo Services may be managed by your mobile operator or Neevo. Please refer to your mobile operator's regular billing statement for charges related to the Neevo Services, and contact your mobile provider directly with any questions or comments related to these fees.
In order to ensure your satisfaction you will receive a one time 30-day money-back guarantee with your paid subscription. If you choose to cancel within the first 30-days, you will receive a full refund. Refunds cannot be issued after 30-days and we do not prorate for partial months.
If you wish to discontinue using the Neevo Services after 30-days, you may cancel your subscription at anytime. Once you cancel you won't be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 14th of every month, and you cancel on the 22nd, you'll still have to pay for the current month, but you won't be charged again after that. In order to treat everyone equally, no exceptions will be made. Please keep in mind, a cancellation will not generate a refund -- it will only stop future charges.
Usage Rules; Prohibited Conduct and Uses
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
1. use the Neevo Services or any location information displayed within the Neevo Services to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about others;
2. use the Neevo Services if you are under the age of 14 years old;
3. include offensive or pornographic materials in your Neevo Services personal profile page;
4. use the Neevo Services for any commercial or non-private use, it being understood that the Neevo Services are for personal, non-commercial use only;
5. fail to deliver payment for the Neevo Services;
6. use the Neevo Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
7. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Neevo Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Neevo Services accounts of other Users;
9. share Neevo-issued passwords or access to your mobile device while Neevo is running and accessible with any third party or encourage any other user to do so;
10. misrepresent the source, identity or content of information transmitted via the Neevo Services;
11. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Neevo Services, features that prevent or restrict use or copying of any content accessible through the Neevo Services, or features that enforce limitations on use of the Neevo Services;
12. intentionally interfere with or damage operation of the Neevo Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
13. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
14. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
15. use the Neevo Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or
16. use the Neevo Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Neevo Services could lead directly to death, personal injury, or severe physical or property damage.
17. attempt to gain unauthorized access to the Neevo Services, or any part of it, other accounts, computer systems or networks connected to the Neevo Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Neevo Services or any activities conducted on the Neevo Service;
18. use any robot, spider, scraper or other automated means to access the Neevo Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Neevo Services or modify the Neevo Services in any manner or form, nor to use modified versions of the Neevo Services, including (without limitation) for the purpose of obtaining unauthorized access to the Neevo Services; or
19. sell or transfer or allow another person to access your account password, profile, or Neevo Services account.
Usage; Refusal or Suspension of Service
Neevo reserves the right, but has no obligation, to have our systems monitor any user's registration or invite-a-friend attempts as well as any user's use of or access to the location information and profiles of other users. Accordingly, Neevo also reserves the right to disable any user's use of or access to the Neevo Services and the location information or profiles of other users, for any reason and without any notice.
You alone are responsible for your involvement with other Users. Neevo reserves the right, but has no obligation, to monitor disagreements between you and other Users.
Neevo does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Neevo Services.
PLEASE NOTE: NEEVO RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
User Submissions
The Neevo Services allow the submission of content and materials (such as pictures, audio, video, documents, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Neevo to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Neevo Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Neevo Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.
Neevo assumes no responsibility whatsoever in connection with or arising from User Submissions. Neevo assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Neevo chooses, in its sole discretion, to monitor User Submissions, Neevo nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Neevo does not endorse and has no control over the content of User Submissions submitted by other Users. Neevo makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Neevo reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
Third-Party Sites, Products and Services; Links
The Neevo Services may include links to other web sites or services solely as a convenience to Users. Neevo does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Neevo makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Neevo Services are solely between you and such advertiser. You agree that Neevo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Neevo Services.
Parties other than Neevo may provide services or sell products via the Neevo Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Neevo does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
In addition, even if Neevo handles the billing, payment processing and/or fulfillment for the third-party service or product, some products and services are provided under direct license from the third-party and therefore the use of such products and services are governed by such third-party license terms. In such case, you will be subject to such license terms and agree that any matters relating to your use of such product or service, including any customer support or maintenance, will be between you and such vendor, and Neevo will have no liability with respect thereto.
End User Licenses
LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the Neevo Software you must have a mobile device that is compatible with the Neevo Services. Neevo does not warrant that the Neevo Services will be compatible with your mobile device.
1. License Grant. Neevo hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Neevo Software as follows: You may use the Neevo Software for one Neevo Services subscription account (a "Subscription Account" is comprised of the shared resources accessible by a single login ID) on one mobile device owned or leased solely by you, for your personal use.
2. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Neevo Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Neevo Software to any third party or use the Neevo Software to provide time sharing or similar services for any third party; (iii) make any copies of the Neevo Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Neevo Software, features that prevent or restrict use or copying of any content accessible through the Neevo Software, or features that enforce limitations on use of the Neevo Software; or (v) delete the copyright and other proprietary rights notices on the Neevo Software.
3. Software Upgrades. You acknowledge that Neevo may from time to time issue upgraded versions of the Neevo Software, and may automatically electronically upgrade the version of the Neevo Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
4. Open Source. With respect to any open source or third-party code that may be incorporated in the Neevo Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
5. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the Neevo Software or any copy thereof and Neevo or its third party partners or suppliers retain all right, title, and interest in the Neevo Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Neevo reserves all rights not expressly granted under this Agreement.
GOVERNMENT END USERS. If this Neevo Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Neevo Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
EXPORT CONTROL. The Neevo Software originates in the United States, and is subject to United States export laws and regulations. The Neevo Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Neevo Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Neevo Software and the Neevo Services.
Violations; Termination
You agree that Neevo, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the Neevo Services or use of the Neevo Services and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to the Neevo Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Neevo will not be liable to you or any third-party for any such termination. Neevo does not permit copyright infringing activities on the Neevo Services, and reserves the right to terminate access to the Neevo Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Neevo may have at law or in equity.
Disclaimers; No Warranties
The Neevo services and any third-party software, services, or applications made available in conjunction with or through the Neevo services are provided "as is" and without warranties of any kind either express or implied. Neevo, and its suppliers and partners (including without limitation Neevo's third-party wireless operator partners), disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Neevo and its suppliers and partners (including without limitation Neevo's third-party wireless operator partners) do not warrant that the functions contained in the Neevo Services will be uninterrupted or error-free, that defects will be corrected, or that the Neevo services or the server that makes them available are free of viruses or other harmful components.
Neevo, and its suppliers and partners (including without limitation Neevo's third-party wireless operator partners) do not warrant or make any representations regarding the use or the results of the use of any location information or the Neevo services in terms of security, safety, correctness, accuracy, reliability, or otherwise. you (and not Neevo or its suppliers or partners) assume the entire cost of any necessary servicing, repair, or correction related to the Neevo services. you understand and agree that you download or otherwise obtain material or data through the use of the Neevo services at your own discretion and risk.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Indemnification; Hold Harmless
You agree to indemnify, defend, and hold Neevo, its affiliated companies, and its suppliers and partners (including, without limitation, Neevo's wireless operator partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of any location information or the Neevo Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the Neevo Services to meet another User in-person or to locate and attend any offline place or event. Neevo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Limitation of Liability and Damages
You acknowledge and agree that under no circumstances, including, without limitation, negligence, will Neevo or its affiliates, contractors, employees, agents, or third-party partners (including, without limitation, Neevo's wireless operator partners) or suppliers be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) the use, disclosure, display, or maintenance of your location information; (b) your use or inability to use the Neevo Services; (c) the Neevo services generally or the Neevo software or systems that make the Neevo Services available; or (d) any other interactions with Neevo or any other user of the Neevo Services, even if Neevo or a Neevo authorized representative has been advised of the possibility of such damages. you agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
In no event shall Neevo's (or its affiliates, contractors, employees, agents, suppliers, or third-party partners including, without limitation, Neevo's wireless operator partners') total liability to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the Neevo services (whether in contract, tort (including without limitation negligence), warranty, or otherwise exceed the amounts paid by you for accessing the Neevo Services during the twelve (12) months immediately preceding the date of your claim or one thousand dollars, whichever is greater.
The limitations of liability set forth in this section shall also apply with respect to damages incurred by reason of any services sold or provided by third parties other than Neevo and received through or advertised on the Neevo Services or received through any links provided on the Neevo Services.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, you agree that Neevo's liability will be limited to the extent permitted by law.
Digital Millennium Copyright Act Compliance
Digital Millennium Copyright Act Compliance. It is Neevo's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Neevo will promptly terminate without notice the accounts of Users that are determined by Neevo to be "repeat infringers." A repeat infringer is a User who has been notified by Neevo of infringing activity violations more than twice and/or who has had a User Submission removed from the Neevo Service more than twice.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on any Neevo Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Neevo's Designated Copyright Agent with the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Neevo Service are covered by a single notification, a representative list of such works on the applicable Neevo Service;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Neevo to locate the material;
4. Information reasonably sufficient to permit Neevo to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
Neevo's Designated Copyright Agent to receive notifications of claimed infringement can be reached at legal@neevo.com. For clarity, only DMCA notices should go to the Neevo Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Neevo Customer Support.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
BY USING THIS SERVICE YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.
