Terms and Conditions

Legal Information and Terms and Conditions

These terms and conditions are effective as of June 15, 2018.

 

Welcome to the Lytx website. Access to, and use of, the information contained in this website (or any affiliate sub-domains thereof) are subject to the terms and conditions listed below. Please read this information carefully. Your use of this website (or any affiliate sub-domains thereof), including the services provided in this website, signifies your agreement to follow and be bound by these terms and conditions. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE OR ANY OF THE SERVICES PROVIDED. BY USING THIS WEBSITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO BROWSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY. YOU AGREE THAT BY USING THIS WEBSITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

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, to make changes or updates to this website, or to the products or programs described in this website, 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.

 

Privacy

You should carefully read our full Privacy Policy at https://www.lytx.com/privacy-policy before using this website as it is hereby incorporated into these terms and conditions by reference.

 

Proprietary Rights

Unless otherwise noted, all information and screens appearing on this website, including images, graphics, illustrations, design, icons, logos, images, photographs, video, data, text, documents, services, site design and other materials that are part of this website, as well as the arrangement thereof (collectively, “Content”), are covered by copyrights, trademarks and/or other intellectual properties owned, controlled or licensed to or by Lytx. This website as a whole is protected by copyright and trademark, all worldwide rights, titles and interest in and to which are owned by Lytx. All third party trademarks, names and logos on this website 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 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.

 

Trademarks

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)

Subject to all of the terms and conditions, you are authorized to use the Lytx website(s), provided that:

1) you may not copy or otherwise distribute any part or Content of the website in any medium whatsoever without the prior written authorization of Lytx;

2) you may not alter or modify any of the Content found at this website unless otherwise expressly indicated, nor attempt to pass off any Content found at this website as your own;

3) you may not use, reproduce or publicly display or perform, or distribute any of the Content within this website, unless an authorized officer of Lytx has given you prior written consent to do so;

4) you may not “mirror” or “frame” any portions of this website 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 will comply with the laws of the United States and foreign countries regarding the use of the Content on the website; and

8) you will otherwise comply with the other terms and conditions herein.

You are prohibited from violating or attempting to violate any security features of the website, 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.

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. If you download software from a Lytx website, 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

This website 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 computer 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 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.

 

Foreign Users

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 reexported 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.

 

DMCA Policy

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
ADDRESS:

Office of the General Counsel

Lytx, Inc.

9785 Eastgate Mall

San Diego, CA 92121

PHONE: 858-430-4000
FAX: 858-430-4001
EMAIL:

notices@lytx.com

We may terminate the privileges of any user who uses the website(s) unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.

 

Feedback

Lytx welcomes all comments, feedback, information, or materials regarding our website(s), 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 AT YOUR OWN RISK. THIS WEBSITE 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.

LYTX DOES NOT GUARANTEE THAT THIS WEBSITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THIS WEBSITE 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 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, 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, 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.

 

Indemnification

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 and any termination, expiration or modification of these terms and conditions.

 

Miscellaneous

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.

These terms and conditions, including the Privacy Policy, constitutes the entire agreement between you and Lytx regarding use of this website and supersedes any and all prior oral and written understandings, communications and agreements regarding use of this website. None of these terms or conditions may be waived, modified or changed by any means other than posting on this website. If we fail to enforce any of these terms or conditions, it will not be considered a waiver.

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.