Welcome to OpenRoadMobile.com, the website and online service of Open Road Mobile (“Open Road Mobile,” “we,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website, products, and services. By accessing or using our website, products, or services, you agree to be bound by these Terms.
Please read these Terms carefully before using our website, products, or services. If you do not agree with these Terms, your choice is not to use our website, products, or services.
- Your Account
To access and use certain features of our website, products, or services, you may need to create an account with us. When you create an account, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
We reserve the right to suspend or terminate your account or access to our website, products, or services at any time, for any reason, without notice or liability.
- Use of Our Website, Products, and Services
You agree to use our website, products, and services only for lawful purposes and in accordance with these Terms. You may not use our website, products, or services in any way that violates any applicable federal, state, local, or international law or regulation.
You also agree not to:
- Copy, reproduce, distribute, modify, or create derivative works from our website, products, or services without our express written consent.
- Access or use our website, products, or services for any purpose other than your personal, non-commercial use.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our website, products, or services.
- Use any robot, spider, or other automated devices, programs, or processes to access, monitor, or copy any part of our website, products, or services.
- Intellectual Property Rights
All content, features, and functionality of our website, products, and services, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of Open Road Mobile and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not use, reproduce, modify, distribute, or create derivative works from our website, products, or services without our express written consent.
- Disclaimer of Warranties
Our website, products, and services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We make no warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of our website, products, or services. You assume the entire risk as to the quality and performance of our website, products, and services.
- Limitation of Liability
To the fullest extent permitted by law, in no event will Open Road Mobile, its affiliates, or their respective officers, directors, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, our website, products, or services.
You agree to indemnify, defend, and hold harmless Open Road Mobile, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our website, products, or services, including, but not limited to, your user submissions, any use of our website, products, or services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from our website, products, or services.
- Modifications to Terms
We reserve the right to update, revise, or modify these Terms at any time and for any reason, at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our website, products, or services thereafter. Your continued use of our website, products, or services following the posting of revised Terms means that you accept and agree to the changes.
- Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of or related to these Terms or our website, products, or services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
- Waiver and Severability
No waiver by Open Road Mobile of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Open Road Mobile to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- Entire Agreement
These Terms and our Privacy Statement constitute the sole and entire agreement between you and Open Road Mobile with respect to our website, products, and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to our website, products, or services.
- Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Open Road Mobile
PO Box 540623
Merritt Island, Florida 32954