Legal Information and Terms and Conditions
These terms and conditions are effective as of July 21, 2021.
Welcome to the Lytx website. Access to, and use of, this website (or any affiliate sub-domains thereof) or of the Lytx Mobile Application without an organizational login (the “Mobile App”), or any other product or service that displays or references these terms and conditions are subject to the terms and conditions below.
Lytx, Inc., together with its affiliates (collectively, “Lytx”, “we”, “us” and/or “our”), reserves the right to discontinue providing any of the services available on this website or Mobile App, to make changes or updates to this website or Mobile App, or to the products or programs described in this website or Mobile App, or to these terms and conditions at any time without further notice. Your continued use of this website following such changes signifies your acceptance of the revised terms and conditions. It is your responsibility to review these terms and conditions periodically.
Unless otherwise noted, all information and screens appearing on this website or in the Mobile App, including images, graphics, illustrations, design, icons, logos, images, photographs, video, data, text, documents, services, site design, underlying technology, and other materials that are part of this website or the Mobile App, as well as the arrangement thereof (collectively, “Content”), are protected by copyrights, trademarks and/or other intellectual properties owned, controlled or licensed to or by Lytx. This website and the Mobile App as a whole are protected by copyright and trademark, all worldwide rights, titles and interest in and to which are owned by Lytx and its licensors. All third party trademarks, names and logos on this website or in the Mobile App are the property of their respective owners and are used solely to refer to those companies’ goods and services. All rights not expressly granted herein are reserved.
Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted Content is strictly prohibited without the express written consent of the copyright owner or licensor. Nothing contained on the website or the Mobile App should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Lytx or by any third party.
The following is a list of registered trademarks, trade names and service marks owned by Lytx:
ActiveVision®, AutoTune®, DC Enterprise®, DC Protect®, Delivering Insights. Driving Results.®, DriveCam®, DriveCamONE®, DriveCam Online®, DriveCam powered by Lytx®, DriveCam Protect®, Driving Insights®, Facing Triangles Design®, FlexCoach®, FlexFocus®, Integrated Driver Management®, Lytx®, Lytx ActiveVision®, Lytx AutoTune®, Lytx DriveCam®, Lytx Engine®, Lytx Fuel Score®, Lytx Insights®, Lytx RAIR®, Lytx Safety Score®, Onboard Coach®, powered by Lytx®, RiskPredict®, RAIR®, Sense, Predict, Prevent.®, SPP® and Unisyn®.
The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of Lytx’s intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of Lytx in the United States and/or other countries. All other trade names, trademarks or service marks are property of their respective owners. The use of any of Lytx trade names, trademarks or service marks without express written consent is strictly prohibited.
Use of Website(s) and the Mobile App
Subject to all of the terms and conditions, you are authorized to use the Lytx website(s) and the Mobile App, provided that:
1) you may not copy or otherwise distribute any part or Content in any medium whatsoever without the prior written authorization of Lytx;
2) you may not attempt to disable, impair, or destroy the Lytx website(s) and the Mobile App; and you may not alter or modify any of the Content unless otherwise expressly indicated, nor attempt to pass off any Content as your own;
3) you may not use, reproduce or publicly display or perform, or distribute any of the Content, unless an authorized officer of Lytx has given you prior written consent to do so;
4) you may not “mirror” or “frame” any portions in any other environment without prior written consent from an authorized officer of Lytx;
5) you may not display or transmit Lytx RSS feed content in a manner that does not permit successful linking to, redirection to, or delivery of the applicable, official Lytx URL;
6) you may not insert any intermediate page, splash page, or other content between the Lytx RSS link and the applicable, official Lytx URL;
7) you may not perform any data mining, collection, extraction or scraping of the Lytx website or Mobile App;
8) you will comply with the laws of the United States and foreign countries regarding the use of the Content ; and
9) you will otherwise comply with the other terms and conditions herein.
You are prohibited from circumventing, violating or attempting to violate any security features of the website or the Mobile App, including, without limitation, (a) accessing Content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Lytx in providing the website or the Mobile App.
Lytx reserves the right to terminate the access of any user in its discretion, including without limitation, users who do not observe these terms and conditions and who infringe or otherwise violate the rights of others. Any violation of system or network security may subject you to civil and/or criminal liability.
Use of Software
Lytx may make certain software available to you from its website or third party platforms such as mobile app stores and marketplaces. If you download Lytx software, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Lytx, for your personal, noncommercial, home use only and shall be subject to any applicable End User License Agreement. Lytx does not transfer either the title or the intellectual property rights to the Software, and Lytx retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
Third-Party Materials on this website or the Mobile App
This website and the Mobile App may contain materials, information and/or other Content from third parties and licensors and suppliers to Lytx, including software in executable or source code form (collectively, “Third-Party Materials”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Materials on your personal device solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Material in any manner unless you have permission from the owner of the Third Party Material. Access, use and download of all Third-Party Materials contained in this website and the Mobile App are subject to the Disclaimers set forth below in the section entitled “Disclaimers and Limitations on Liability”. Unless expressly stated otherwise, Lytx does not provide technical support for any materials posted on, downloaded from or linked to/from this website.
Links to Third-Party Websites
Any links to third-party websites found within this website are provided solely as an added convenience to you. Lytx has neither reviewed the contents of these third-party websites nor does Lytx claim any responsibility for the content or suitability of these third-party websites and Lytx makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such links. The inclusion of links does not imply endorsement of the websites by Lytx or any association with their operators.
Third-Party Materials from this website and commercial activities conducted through this website may be subject to U.S. export controls. No Third-Party Materials may be downloaded or otherwise exported or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Similarly, a national of, resident of, or person located in such locations is not permitted to engage in commercial activities on this website (such as purchasing products or services or making payments). By downloading or using the Third-Party Materials or engaging in commercial activities on this website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country, or on any such list. Lytx makes no representation that materials in this website are appropriate or available for use in locations outside of the State of California, Unites States of America. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If you are notifying Lytx of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:
1) A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
2) A description of the allegedly infringing material and information sufficient to permit us to locate the material;
3) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
4) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
5) A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Designated Agent for Notification of Claimed Copyright Infringement
NAME: Shelley Bennett
Office of the General Counsel
9785 Towne Centre Dr.
San Diego, CA 92121
We may terminate the privileges of any user who uses the website(s) or the Mobile App unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.
Lytx welcomes all comments, feedback, information, or materials regarding our website(s), the Mobile App, products or services (“Feedback”), which you submit to Lytx by email or otherwise through or in conjunction with any of the website(s). Please note that Feedback shall be considered non-confidential and become the property of Lytx. By submitting Feedback to Lytx, you hereby assign, and agree to assign, to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback, at no charge. Lytx shall be free to use Feedback on an unrestricted basis.
Disclaimers and Limitations on Liability
YOU USE THIS WEBSITE OR THE MOBILE APP AT YOUR OWN RISK. THIS WEBSITE AND THE MOBILE APP IS PROVIDED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. LYTX HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. LYTX DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS WEBSITE OR THE MOBILE APP.
LYTX DOES NOT GUARANTEE THAT THIS WEBSITE OR THE MOBLE APP WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THIS WEBSITE OR THE MOBILE APP MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. LYTX DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, LYTX DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THIS WEBSITE OR THE MOBILE APP DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT LYTX SHALL NOT BE LIABLE FOR DAMAGES TO YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR THE MOBILE APP, INCLUDING WITHOUT LIMITATION, DIRECT LOSS, LOSS OF BUSINESS OR PROFITS (WHETHER OR NOT LOSS OF SUCH PROFITS WAS FORESEEABLE, AROSE IN THE NORMAL COURSE OF THINGS OR YOU HAVE ADVISED LYTX OF THE POSSIBILITY OF SUCH POTENTIAL LOSS), DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, MOBILE DEVICE, SYSTEMS AND PROGRAMS AND THE DATA THEREON OR ANY OTHER DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
You agree to defend, indemnify and hold harmless Lytx, its stockholders, officers, directors, employees and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses, including but not limited to attorneys’ fees, arising from: (i) your access to or use of this website; (ii) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; or (iii) your violation of any of these terms and conditions. This indemnification obligation will survive your use of this website or the Mobile App and any termination, expiration or modification of these terms and conditions.
You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to these terms and conditions or this website exclusively in a state or federal court located in San Diego County, California and you consent to submit to the exclusive jurisdiction and venue of such courts. The laws of the State of California will govern these terms and conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If any portion of these terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
All of our rights and obligations arising out of these terms and conditions are freely assignable by us.
None of these terms or conditions are intended to confer any third party beneficiary rights.
You will comply with all applicable laws when using or accessing our website or the Mobile App.