Last Updated: May 29, 2020
Welcome to Rallista! The Rallista Terms and Conditions (“Agreement”) is a binding agreement between you (“End User” or “you”) and Adventure Consortium Inc. (“Adventure Consortium”). This Agreement governs your use of the Rallista mobile application, (including all related documentation, the “App”). The App is licensed, not sold, to you.
BY DOWNLOADING/INSTALLING/USING THE APPLICATION, CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND AT LEAST OF LEGAL AGE TO DRIVE A VEHICLE IN YOUR JURISDICTION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
THE REALLY IMPORTANT STUFF
We’re really excited for you to use our App. But absolutely DO NOT USE IT unless you’ve read AND agreed to the following:
FOLLOW THE RULES OF THE ROAD NO MATTER WHAT THE APP SAYS.
What you see on the road in front of you is what you need to obey. We try to make our information as accurate and up to date as possible, but there may be inaccuracies or delays in our content. Abide by all signage and directions provided by road authorities.
PAY ATTENTION TO ROAD CONDITIONS AT ALL TIMES.
Keep your eyes on the road at all times. The App is to help you get where you’re going. It’s not a substitute for common sense and safe driving. If driving conditions seem dangerous, stay off the road. The App doesn’t know the actual condition of the road; don’t depend on it to do so.
DRIVING A VEHICLE CAN RESULT IN DISABILITY OR DEATH.
Using a motorized vehicle can be dangerous, and accidents can result in disability or death. You assume all risk associated with the operation and use of the vehicle you’re traveling in.
DON’T DO ANYTHING ILLEGAL WHEN DRIVING OR NAVIGATING.
Don’t drive any vehicle if you’re not licensed. Don’t drive a vehicle if you don’t have the insurance required in your jurisdiction. Don’t operate the vehicle in any way that’s in violation of rules, including speed limits, directional signs, stop lights, closures, etc. Don’t operate the vehicle if you’re under the influence of drugs or alcohol. Basically, don’t use the App or your car in any way that breaks any local, state, federal, or international laws.
DON’T DO ANYTHING ILLEGAL WHEN ORGANIZING OR CONDUCTING EVENTS.
The App is here to help you plan driving events. That doesn’t mean you can plan or conduct an event that’s in violation of any laws. Don’t do it; don’t encourage others to do so. Get permission from all local authorities – including permits, licenses, and all other necessary authorizations - to provide the events you plan or conduct on the App.
WHILE OPERATING THE VEHICLE, DON’T USE THE APP FOR ANYTHING EXCEPT NAVIGATION.
Our App is great and lets you do some fun things. However, you are NOT permitted to use these non-navigation features while you are operating a vehicle. Only use of the navigation features is permitted while you are operating a vehicle.
WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
WE PROVIDE THE APP 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 work hard to provide you with a high-quality App. However, we do not warrant that the App 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, secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, software failures and software communication failures, originating either from us or any of our providers.
We also disclaim any warranties relating to the accuracy of the maps, content, road conditions, driving directions, or navigation routes presented or displayed in or by the App. Roads open last season may have washed out this season, or someone might have provided us with incorrect data for the App’s content. Such errors and changes are beyond our control.
YOU ASSUME ALL RISK AND LIABILITY WHEN USING THE APP.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the App, and you further agree and acknowledge that your use of or reliance on the App is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the App.
YOU AGREE TO INDEMNIFY US FROM ALL DAMAGES ARISING FROM YOUR VIOLATION OF THESE TERMS.
You agree to indemnify and hold harmless Adventure Consortium and its employees, officers, directors and agents from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of this Agreement. 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 Adventure Consortium, its employees, officers, directors or agents as a result of your violation of this Agreement, including but not limited to legal expenses and attorney fees.
This stuff is also important, and legally binding on you.
License Grant. Subject to the terms of this Agreement, Adventure Consortium grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation; and (b) access, stream, download, and use on such Mobile Device the content and services made available in or otherwise accessible through the App, strictly in accordance with this Agreement.
License Restrictions. You shall not: (a) copy the App, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof; or (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time.
Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Adventure Consortium shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Updates. We may from time to time in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
Rights in User Content. When you submit content to be published on the App (“User Content”), you represent and warrant that you own all intellectual property rights in the User Content; that you are permitted to publish the User Content and to permit us to publish the User Content and exploit all intellectual property rights in and to the User Content. We receive no ownership rights in and to the User Content that you submit. However, by submitting User Content to us, you hereby grant us and the users of the App an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the User Content. The license granted to us in and to the User Content you submit is not limited to personal use, but also extends to any commercial use of User Content, at our sole and absolute discretion. However, other users may only use your User Content for non-commercial purposes, unless Adventure Consortium provides them with a prior written consent to use your User Content for commercial purposes (for the purpose of which you authorize Adventure Consortium to be your agent).
Forbidden User Content. It is forbidden to submit User Content of a commercial nature (including advertising), unless such posts pertain to Adventure Consortium or the App, and such User Content strictly complies with this Agreement. When you submit User Content to be published by on the App, you must make sure it is lawful. For example, you may not submit User Content that: (a) is diminishing or infringing proprietary rights of others, including but not limited to copyright and trademarks; (b) poses a risk to a person’s safety, security or health; (c) identifies other persons without obtaining such person’s express written consent to the disclosure of their personal information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information; (d) is unlawful, defamatory, libelous or invades the privacy of others; is harassing, offensive, threatening or vulgar; is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class; (e) encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit; (f) promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under this Agreement; (f) falsely expresses or implies that such User Content is sponsored or endorsed by Adventure Consortium. The foregoing examples of unlawful User Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted User Content. Adventure Consortium may decline to publish, or immediately delete any User Content you submit if you or the User Content have violated this Agreement or if you engaged in a commission or omission that is harmful or may be harmful to the App, its users, Adventure Consortium or any of its agents or affiliates. In such cases, we may also terminate your access to the App or prevent you from posting additional User Content on the App. The provisions of this clause are made in addition to any rights afforded to Adventure Consortium by any law.
Third-Party Materials. The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination. The term of Agreement commences when you install the App and will continue in effect until terminated by you or us as set forth herein. You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device. We may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination (a) all rights granted to you under this Agreement will also terminate; and (b) you must cease all use of the App and delete all copies of the App from your Mobile Device and account. Termination will not limit any of Company's rights or remedies at law or in equity.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ADVENTURE CONSORTIUM OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
For jurisdictions that do not allow us to limit our liability. Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor, you hereby waive this section of the California civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our App is contingent on your agreement with this and all other sections of this Agreement. You agree our total liability to you is not more than $100 US dollars or the total amount you spent while using our App within the last six months, whichever is greater.
Copyright Infringement. As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with the App violates your copyright, please notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material.
If you are a copyright owner or agent of a copyright owner and believe any content found on the App infringes on your copyright(s), please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) outlining the following:
- A description of the infringing material, including where in the Service(s) the material is located and any necessary context.
- The location of the original content.
- Your contact information including email address, telephone and address.
- A statement in good faith belief that the work is not authorized by the copyright owner.
- A statement confirming that the information you’ve sent in the notice is accurate and that you are authorized to act as the copyright owner or as the agent on behalf of the copyright owner.
Please submit your notification to the email address firstname.lastname@example.org.
Apple Device Users. If you use the Service on an Apple device, then you agree and acknowledge that: (a) Apple, Inc. bears no duties or obligations to you under the Agreement, including, but not limited to, any obligation to furnish you with maintenance and support; (b) 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; (c) Apple and Apple’s subsidiaries are third party beneficiaries of the Agreement. Upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
Arbitration. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in King County, Washington State, USA in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
SPECIAL NOTE ON COVID-19
Please adhere to COVID-19 guidelines in your area and note that stops along our drives may be subject to different legal requirements, hours of normal operation or availability during this time. Be smart, prepared and stay safe.
PERSONAL INFORMATION PROCESSING ADDENDUM
This Addendum was last updated May 29, 2020.
Hagerty Management, LLC, a Delaware limited liability company (“Customer”) and the Provider have entered into that certain Information Technology Master Services Agreement dated May 22, 2020 (the "Master Agreement") that may require Provider to process your Personal Information provided by or collected for the Customer. Provider Customer have also entered into a Personal Information Processing Agreement (“PIPA”) that sets and out the additional terms, requirements, and conditions on which the Provider will obtain, handle, process, disclose, transfer, or store your Personal Information when providing services under the Master Agreement.
This Addendum sets forth what type of your Personal Information Provider collects and how it collects it. Capitalized terms used and not defined in this Addendum have the respective meanings assigned to them in the Master Agreement and the PIPA.
BY CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS ADDENDUM; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD AND USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.
Personal Information Provider Collects and How it Collects It
When you download, access, and use the App, Provider may use technology to automatically collect information by which you may be personally identified, which will be limited to your name, email, state of residence, and, if you choose, your phone number. Provider collects this information:
Directly from you when you provide it.
Automatically when you use the App. Provider will store this information on a nonreadable, encrypted Google cloud storage database and will export this information directly to Customer through a secured FTP portal to Customer’s secured server.