PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE ACCEPTING THIS AGREEMENT OR DOWNLOADING THIS MOBILE APPLICATION AND ITS CONTENTS FOR USE WITH THE TUSK INTERCOM (THE “MOBILE APP”) PROVIDED BY ROCKY MOUNTAIN ATV, LLC (“RMATV” OR “WE”). BY CLICKING TO ACCEPT THIS AGREEMENT OR BY USING THE MOBILE APP, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT DOWNLOAD OR USE THE MOBILE APP. IF YOU HAVE ALREADY DOWNLOADED THE MOBILE APP YOU MAY RETURN THE MOBILE APP FOR A REFUND OF THE AMOUNTS PAID, IF ANY, FOR THE MOBILE APP.
This Agreement governs any content, materials, or services accessible from or purchased within the Mobile App, as well as software updates provided by RMATV that replace or supplement a prior version of this Mobile App, unless such update is accompanied by a new End Use License Agreement. We reserve the right to change, modify, or revise this Agreement at any time. All changes will be effective immediately upon posting them to our Mobile App or otherwise giving you notice of the changes. Your continued use of the Mobile App signifies your acceptance of such changes.
In consideration of RMATV’s license of the Mobile App to you, you agree as follows:
1. LICENSE. RMATV grants you a non-exclusive, non-transferable license to download and install the Mobile App on a cell phone or mobile device owned or controlled by you and to use the Mobile App for its intended purposes, subject to the terms of this Agreement. You may operate a single copy of the Mobile App on only one device, unless RMATV has granted you a broader license in writing. Any rights not expressly granted herein are reserved by RMATV.
2. YOUR PERSONAL DATA.
- In order to provide its services related to the Mobile App, RMATV will collect, use, and store certain personal data provided by you. Please see RMATV’s Privacy Policy on our website, which informs you of the types of personal data we collect, how we collect and use that personal data, and our other policies and practices related to collection, storage, processing, use, sharing, and destruction of your personal data.
- Your Consent to Our Processing of Geolocation Data. In particular, the Mobile App collects the IP address of the device using the Mobile App, as well as temporarily collecting your then-current geolocation and Bluetooth data, to facilitate use of the Mobile App and your communications using the Tusk intercom. You agree that we may collect and use this personal information for the purpose of providing services to you and others.
- If you have previously provided us with personal data and wish to change or update it or have us delete this data, please call our toll-free number 1 (800) 336-5437 or email us at security@rockymountainatv.com.
3. USAGE DATA. You agree that RMATV may collect and use technical and usage data and related information, including but not limited to information about your use of the Mobile App, your device, system and application software, and peripherals. RMATV may use this information in de-identified and/or aggregated form that does not personally identify you, to facilitate our providing services to you and others and to improve our products and services.
4. YOUR OBLIGATIONS You agree that you will use the Mobile App and other RMATV Materials (as defined in Section 5(a) below) solely for your own personal, individual use and that you will not use the Mobile App for any purpose that is unlawful or prohibited by this Agreement. Without limiting the above, you specifically agree:
- You may not modify, adapt, translate, rent, lease, loan, resell for profit, distribute, network, or create derivative works of the Mobile App or other RMATV Materials.
- You may not reverse engineer, decompile, or disassemble the Mobile App software or otherwise attempt to discover its source code.;
- You will use the Mobile App only for its intended purposes and will not use it in any way that may injure or harm yourself or another person.
- You will not upload or otherwise transmit any software viruses, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not do anything with the Mobile App that violates any law, regulation, or privacy requirement, including without limitation any export laws or regulations.
- You will not delete or alter any proprietary rights or attribution notices in any content or RMATV Materials obtained through the Mobile App.
- You agree that you do not acquire any ownership rights in the Mobile App or any other RMATV Materials. We do not grant you any licenses, express or implied, to any RMATV Materials except as expressly provided in this Agreement.
5. Ownership.
- All of RMATV’s content and materials contained in the Mobile App or that are posted on our website, including software, text, graphics, logos, and images (“RMATV Materials”), are the property of RMATV and are protected by copyright and/or other laws protecting intellectual property and proprietary rights.
- If you provide any suggestions, ideas, or feedback to us (“Feedback”), you agree that we will be the owner of that Feedback and may use it for any legal purpose that does not identify you, including using that Feedback to improve the Mobile App and our other products and services.
6. TERM AND TERMINATION. This Agreement shall remain in force perpetually unless and until terminated as follows: You may terminate this Agreement by deleting all copies of the Mobile App from your devices and notifying us. If you materially breach any of the terms of this Agreement, this Agreement and your license to use the Mobile App will automatically terminate. RMATV may also terminate this Agreement upon notice to you if RMATV determines that termination is required or advisable for legal or business reasons. Upon termination, you will no longer be licensed to use the Mobile App, and you agree that you will delete all copies of the Mobile App from your devices. Sections 2 through 11 will survive termination of this Agreement for any reason.
7. ASSIGNMENT. You may not allow others to use the Mobile App for their own personal use. If you permanently transfer your mobile device to another person, you agree to delete the Mobile App first.
8. NO WARRANTIES
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MOBILE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE MOBILE APP AND ANY SERVICES PERFORMED OR PROVIDED BY US IN CONNECTION WITH THE MOBILE APP ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RMATV OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- THE MOBILE APP MAY NOT FUNCTION AT ALL TIMES OR IN ALL LOCATIONS. RMATV IS NOT RESPONSIBLE OR LIABLE FOR ANY MALFUNCTIONS OR FAILURES OF THE MOBILE APP.
- RMATV IS NOT RESPONSIBLE FOR ERASED, LOST, OR STOLEN DATA, INCLUDING PERSONAL DATA, CAUSED BY A MALFUNCTION OF THE RMATV MOBILE APP, USER ERROR, A NETWORK OR DEVICE BREACH, DAMAGE TO OR LOSS OF YOUR MOBILE DEVICE, OR ANY OTHER CAUSE, UNLESS DUE TO OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
- If you decide to access or use any third party websites linked within the Mobile App or on our website, you do this entirely at your own risk.
9. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL RMATV BE LIABLE FOR ANY PERSONAL INJURY, DEATH, LOST DATA, OR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE MOBILE APP OR OTHER RMATV MATERIALS, REGARDLESS OF WHETHER WE HAVE NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE. TO THE EXTENT DAMAGES MAY BE AWARDED NOTWITHSTANDING THE FOREGOING TERMS, RMATV’S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF OR RELATING TO THE MOBILE APP OR THIS AGREEMENT, INCLUDING ANY RELATED GOODS AND SERVICES PROVIDED TO YOU, SHALL BE LIMITED TO DIRECT DAMAGES, WHICH SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE LICENSE TO USE THE MOBILE APP OR $50, WHICHEVER IS GREATER. Some jurisdictions prohibit certain limitations of damages in consumer contracts, so the above limitations may be superseded by law in some jurisdictions.
10. APPLICABLE LAWS.
- This Agreement shall be governed by the laws of the state of Utah, excluding conflicts of laws rules. You consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to this Agreement.
- We offer the Mobile App from our location in the United States of America. We make no representation that the Mobile App or other RMATV Materials are appropriate or available for use in other locations, and use thereof in states, countries or other locations where they are illegal is prohibited.
- Our provision of the Mobile App and other RMATV Materials and services is subject to existing laws and legal processes. Nothing in this Agreement limits our right to comply with governmental, court, and law enforcement requests or requirements.
11. MISCELLANEOUS Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and us with respect to the Mobile App. This Agreement supersedes all other prior or contemporaneous communications and understandings, whether electronic, oral, or written, between you and us with respect to the Mobile App. If any provision of this Agreement is found void or unenforceable, all other provisions will remain in full force and effect. The failure to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision.