Terms and Privacy
MY On The Road Terms of Service:
The following terms and conditions govern all use of the MYOnTheRoad.com website and all content, services and products available at or through the website, including, but not limited to, the MYOnTheRoad.com sharing service (taken together, the Website). The Website is owned and operated by Andrew Ledford (“MYOnTheRoad.com”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MYOnTheRoad.com’s Privacy Policy and Quality Guidelines) and procedures that may be published from time to time on this Site by On MYOnTheRoad.com (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by On MYOnTheRoad.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at or past the age of consent and able to enter into a contract, in the United States that would be 18 or over.
1. Your On MYOnTheRoad.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account, listing, or blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MYOnTheRoad.com may change or remove any description, keyword or listing that it considers inappropriate or unlawful, or otherwise likely to cause MYOnTheRoad.com liability. You must immediately notify MYOnTheRoad.com of any unauthorized uses of your account or any other breaches of security. MYOnTheRoad.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you Contribute to a blog, operate a blog, comment on a blog, comment on a forum, comment on a business listing, comment in a group, manage a group, own or manage a business listing, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, an audio file, or computer software. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
* the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
* the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
* your blog posts or listings are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
* your account, listing, or blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your business listing’s URL or name is not the name of a person other than yourself or company other than your own or one you officially represent; and
* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MYOnTheRoad.com or otherwise.
By submitting Content to MYOnTheRoad.com for inclusion MYOnTheRoad.com you grant MYOnTheRoad.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for promotion, education, and the purpose of displaying, distributing and promoting your content, photos, or other information we think will be helpful. If you delete Content, MYOnTheRoad.com will use reasonable efforts to remove private content from public use on the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Content Contributed to public discussions such as forums, comments, community blogs, a wiki, or elearning courses, or shared on social media may be used by MYOnTheRoad.com and entities affiliated with MYOnTheRoad.com indefinitely.
Without limiting any of those representations or warranties, MYOnTheRoad.com has the right (though not the obligation) to, in MYOnTheRoad.com’s sole discretion (i) refuse or remove any content that, in MYOnTheRoad.com’s reasonable opinion, violates any MYOnTheRoad.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MYOnTheRoad.com’s sole discretion. MYOnTheRoad.com will have no obligation to provide a refund of any amounts previously paid or donated.
3. Fees, Payment, and Donations. Paid services including Paid subscriptions, extra services such as extra storage, premium placement of advertising, video productions and distribution, website development, domain purchases, premium promotional services, gifts, crowdfunding, or certain elearning programs may be available on the Website. By selecting a paid and/or premium service you agree to pay MYOnTheRoad.com the monthly or annual subscription fees indicated for that MYOnTheRoad.com service (the payment terms for premium services will be described on the appropriate product pages). Payments will be charged on the day you sign up for a paid or premium service and will cover the use of that service for a monthly,annual, or biannual period as indicated. Paid subscriptions fees and premium service fees are not refundable.
4. Paid subscriptions and premium services
Paid subscriptions.
* Fees; Payment. By signing up for a Paid subscriptions and/or premium services account you agree to pay MYOnTheRoad.com all membership subscription fees indicated at https://MYOnTheRoad.com in exchange for the services listed at https://MYOnTheRoad.com Applicable fees will be invoiced starting from the day your Services are established and in advance of using such services. MYOnTheRoad.com reserves the right to change the payment terms and fees upon thirty (30) days prior written notice emailed to you. Paid subscriptions Services can be canceled by you at any time on 30 days written notice to MYOnTheRoad.com.
5. Responsibility of Website Visitors. MYOnTheRoad.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MYOnTheRoad.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MYOnTheRoad.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MYOnTheRoad.com links, and that link to MYOnTheRoad.com. MYOnTheRoad.com does not have any control over those non- MYOnTheRoad.com websites and webpages, and is not responsible for their contents or their use. By linking to a non- MYOnTheRoad.com website or webpage, MYOnTheRoad.com does not represent or imply that it endorses such website or webpage. Promotions posted on MYOnTheRoad.com does not represent or imply that MYOnTheRoad.com endorses such websites or web pages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. You are also responsible for taking precautions as necessary to protect your reputation when sharing others content. MYOnTheRoad.com disclaims any responsibility for any harm resulting from your use of non- MYOnTheRoad.com websites and webpages.
7. Copyright Infringement and DMCA Policy. MYOnTheRoad.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MYOnTheRoad.com violates your copyright, you are encouraged to notify MYOnTheRoad.com in accordance with MYOnTheRoad.com Digital Millennium Copyright Act (“DMCA”) Policy. MYOnTheRoad.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MYOnTheRoad.com or others, MYOnTheRoad.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, MYOnTheRoad.com will have no obligation to provide a refund of any amounts previously paid to MYOnTheRoad.com.
8. Intellectual Property. This Agreement does not transfer from MYOnTheRoad.com to you any MYOnTheRoad.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MYOnTheRoad.com. Andrew Ledford, MYOnTheRoad.com, the MYOnTheRoad.Net and all other trademarks, service marks, graphics and logos used in connection with MYOnTheRoad.com, or the Website are trademarks or registered trademarks of Andrew Ledford MYOnTheRoad.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MYOnTheRoad.com, Andrew Ledford, or third-party trademarks.
9. Changes. MYOnTheRoad.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MYOnTheRoad.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination. MYOnTheRoad.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MYOnTheRoad.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Paid subscriptions Service you should be able to cancel within your dashboard. Premium Services account, such account can only be terminated by MYOnTheRoad.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from MYOnTheRoad.com’s notice to you thereof; provided that, MYOnTheRoad.com can terminate the Website and all accounts immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your MYOnTheRoad.com account may expire after a given period of time or after a given period of inactivity, as set by the Site Administrator. You may receive an email reminder shortly before your account is due to expire and we suggest you save your exportable information or other important information to your personal computer at this time, so that you may reuse it in the future.
If the Site Administrator receives a report of any inappropriate behavior on your part, where it relates to MYOnTheRoad.com your account will be suspended and your access to MYOnTheRoad.com frozen pending an investigation. Inappropriate behavior includes misuse of the objectionable material reporting system, intentionally attempting to load files with virus content, placing objectionable or excessive feedback or comments on any other users account and any other online or offline behavior deemed to be nuisance or offensive by the Site Administrator.
Any unsolicited contact you receive as a result of personal information you have publicly released via your account is your responsibility, however any misconduct in behavior from users of the system should be reported to the Site Administrator immediately.
11. Disclaimer of Warranties. The Website is provided “as is.” MYOnTheRoad.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MYOnTheRoad.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability. In no event will MYOnTheRoad.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed one month of fees paid by you to MYOnTheRoad.com under this agreement for any twelve (12) month period prior to the cause of action. MYOnTheRoad.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the MYOnTheRoad.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification. You agree to indemnify and hold harmless MYOnTheRoad.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
15. Miscellaneous. This Agreement along with the Privacy Policy, constitutes the entire agreement between MYOnTheRoad.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MYOnTheRoad.com, or by the posting by MYOnTheRoad.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County County, California. 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 this 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 Huntington Beach, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MYOnTheRoad.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.