Only the program volunteers, (hereinafter referred to as "End User”) who have been approved by Connected Nation and who have accepted the following Terms of Service may utilize this Portal. Connected Nation, Inc. and its subsidiaries (hereinafter referred to as "CN”) may disqualify or replace End Users for any reason at any time.
All End Users are required to accept the following Connected Nation’s Drive Portal Terms of Service ("Terms of Service”) in order to utilize and participate in the Drive Portal.
If you do not accept ALL OF THE FOLLOWING Terms of THIS SERVICE, you may not use this Service.
1. Use of the Service.
a. Permitted End Users; Login and Passwords. You are permitted to use the Portal as long as you have permission from CN. CN may revoke permission for End Users at any time and for any reason. You will be required to log in to the Portal with the user name and password provided by CN. Once your status changes so that you are no longer a Permitted End User, you may no longer use or access the Service. You will not assign your log-in name, password, or IP address to any other person, device, or equipment. You may not share authenticating data provided for your use with any other individual. You are responsible for any usage of your account and you agree to notify CN immediately of any unauthorized use of your account or suspected security breach. Your user name or password may be changed by CN at any time. You are not granted any rights to any firmware or software under these Terms of Service. All rights not expressly granted in these Terms of Service are reserved by CN.
b. Portal Limitations. The Portal is not available in all locations and the Portal may be unavailable from time to time due to maintenance, emergencies, or other factors. Access to the Portal may be interrupted or refused, and performance of the Portal may be limited or curtailed from time to time. CN has no liability with regard to any failure or lack of performance of the Portal. The Portal may be subject to usage limits which are not controlled by CN.
c. Prohibitions. CN grants you a limited license to access and make use of the Site. You may not download (other than page caching) or modify the Site or any portion of the Site. This license does not include, and you agree that you will not conduct, any resale or commercial use of the Site or its contents; any collection and use of any product or title listings, ratings, or descriptions; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You must retain all copyright and other proprietary notices on downloaded and copied materials from this Site, and any such downloads or copies are subject to these Terms and Conditions. You may not use any meta tags or any other "hidden text" utilizing CN’s name or trademarks without the express written consent of CN. Any unauthorized use automatically terminates any permission or license granted by CN. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site so long as the link does not portray CN, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CN logo or other proprietary graphic or trademark as part of the link without express written permission. Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the content of this Site, without prior written authorization from CN.
As a condition of your use of this Site, you warrant that you will not use the services or materials on this Site:
- for any purpose that is prohibited by any law or regulation or to facilitate the violation of any law or regulation;
- for any purpose that is prohibited by these Terms (including but not limited to any use that infringes another's copyright rights); or
- in any manner that could damage, disable, overburden, or impair the Site or any user of the Site, or interfere with any other party's use of the Site.
In addition, you will not:
- Use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- Use any CN trademark or any CN graphics, logos, page headers, button icons, scripts, or services names;
- Remove any copyright, trademark or other proprietary rights notices contained in the Site or the materials on the Site;
- Collect or store personal data about other users;
- Harass other users;
- Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Use or attempt to use any "deep link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool; algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of these webpages, any data or content found on or accessed through these webpages, or any other CN information without the prior express written consent of CN;
- Obtain or attempt to obtain through any means any materials or information on these webpages that have not been intentionally made available either by their display on these pages or through their accessibility by a visible link on these webpages violate any measure employed to limit or prevent access to these web pages or their content; or
- Violate the security of these webpages or attempt to gain unauthorized access to these web pages, data, materials, information, computer systems or networks connected to any server of these web pages, through hacking, password mining or any other means interfere or attempt to interfere with the proper working of these webpages or any activities conducted on or through these web pages, including accessing any data, content or other information prior to the time that it is intended to be available to the public on these webpages.
d. You are strictly prohibited from granting any sub-license, distributing or transmitting the Portal in whole or in part, or using the Portal or any copies, likenesses, or representation for purposes other than its intended use. Your use of the Portal is subject to immediate suspension or termination without notice if CN believes you have engaged in any prohibited activity.
2. Support Services.
All support services related to the Service and the Equipment ("Support Services
”) will be provided by CN. You may obtain support by e-mailing email@example.com
CN IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY OTHER THIRD PARTY WITH REGARD TO THE SUPPORT SERVICES OR OTHERWISE, AND CN DISCLAIMS ALL LIABILITY.
3. Content and Security: CN does not control and is not responsible for any third party websites, content, services or products that you may access or encounter during use of the Portal, and CN reserves the right to engage in Portal management to protect the overall integrity of the Portal, including detecting malicious traffic patterns and attempting to prevent the distribution of viruses or other malicious code, and through techniques such as reducing the aggregate bandwidth available to excessive bandwidth users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined primarily by resource consumption. CN has the right to take actions they deem reasonably necessary to protect any individual or entity, comply with applicable laws, regulations, or government requests, or to enforce the terms of these Terms of Service. You acknowledge that the Internet and wireless communications are not inherently secure means of data communication and while CN has taken commercially reasonable steps to secure transmission and storage of your data and access to the Portal, CN shall have no liability for breaches of security beyond their reasonable control, including, without limitation, your negligence with respect to controlling access to the Portal or your data.
You are solely responsible for using appropriate security devices, software, and other measures (including without limitation firewalls) to protect your systems and data from viruses, worms, Trojan horses, or other security threats, and CN has no responsibility or liability with regard thereto.
4. Ownership of Data: The Portal, including the Portal’s look, design, content, methodologies, logic, and function are the exclusive property of CN. In addition, any material or content entered into the Portal, downloaded or otherwise obtained through use of the Portal is the exclusive property of CN. Entering information into the Portal constitutes permission for CN to use End User’s name, likeness, photograph and/or any and all other data and/or information entered into the Portal for any purpose without compensation except where prohibited by law. To the extent any End User may claim any rights in any content, End User hereby grants CN a world-wide exclusive, perpetual, and royalty free license and full right to use, reproduce, distribute, perform, display, and create derivative works from its Portal entries. Any and all entries may be made public during or after the existence of the Portal.
5. Portal Quality and Maintenance: The speed and bandwidth available to each computer or device accessing the Portal may vary for a variety of reasons. CN reserves the right to engage in network management for the Portal, including without limitation taking various measures to prevent or eliminate malicious traffic patterns and preventing the distribution of viruses or other malicious code. In addition, CN must perform maintenance on the Portal, which may include planned or unplanned interruptions of the Portal. You acknowledge and agree that CN will not be responsible for any losses or damages suffered by you as a result of any Portal interruptions. You acknowledge that the Portal may not be available in all areas, and even within coverage areas service availability, quality, signal strength, and network speeds may vary, be lower than advertised, or be insufficient for use of the Portal.
6. Disclaimer of Warranties: EXCEPT AS EXPRESSLY SET FORTH HEREIN, CN MAKES NO WARRANTIES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED WITH REGARD TO THE PORTAL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. YOUR USE OF THE PORTAL IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation on Liability: End Users agree to hold harmless and indemnify CN, its employees, parent, affiliates, subsidiaries, Sub-Recipients, contractors, and agents and respective directors, partners, officers, employees, licensees, and assigns against any and all liability, damages or causes of action (however named or described), with respect to or arising out of End User’s participation in the Portal.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CN BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PORTAL, UNDER ANY THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Modification and Discontinuation of Portal: CN reserves the right at any time to modify, edit, delete, suspend or discontinue - temporarily or permanently - the Portal, the Support Services, or any CN website (or any portion thereof) with or without notice.
9. Changes in Agreement: You acknowledge that CN has the right to change this End User Agreement from time to time. Any modified versions of these Terms of Service will be posted on the Portal website located at Connected Nation. You agree that the foregoing is sufficient notice of modifications and agree to be bound by such modified versions of this Agreement.
10. Governing Law; Statute of Limitations: These Terms of Service and the rights and obligations of the parties with respect to the Service will be governed by and construed in accordance with the laws of the State of Kentucky, USA, without reference to the choice of law principles thereof.
ANY CLAIM ARISING OUT OF OR RELATED TO THE PORTAL OR THESE TERMS OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED.
11. General: If any part of these Terms of Service is found invalid (including without limitation any conflict with any applicable law or regulation) such invalidity will not affect the remaining portions of these Terms of Service, and the parties will substitute for the invalid provision a provision that most closely approximates the intent and economic effect of the invalid provision. Failure by either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. These Terms of Service constitute the complete agreement between you and CN with respect to the subject matter hereof and supersedes all proposals (oral or written), all previous negotiations, and all other communications, including without limitation communications on the website of CN, except as set forth above.