These Terms must be accepted by a responsible person who is over the age of majority. If you are under the age of majority, you may not use the HonkMobile products and services (the “Services”).
ACCEPTANCE OF TERMS
HonkMobile provides its Services subject to the following Terms, which may be updated by us from time to time. Although we will not give you specific written notice of changes, we may provide a notice via the Services or on our website at www.honkmobile.com (the “Website”) that there has been a change in these Terms. You should review these Terms from time to time and when we provide a notice of change of our Services. Your continued use of the Services constitutes your agreement, without limitation or qualification, with all of the terms and conditions as stated in this document, which is a legal and binding agreement between you and HonkMobile.
If you wish use our Services, you must provide us with, and allow us to maintain a record of, certain information, such as your name, postal or zip code, motor vehicle license plate(s) and credit card information. We require you to register an account with a unique username and password combination in order to participate, enter information and access information. You are responsible for maintaining the confidentiality of such passwords and accounts, and are fully responsible for all activities that occur under those passwords or accounts. We are not liable for any harm caused or related to the theft or misappropriation of any user name or password, disclosure of any user name or password, or your authorization of anyone else to use your username or password. You agree to immediately notify HonkMobile if you become aware of or believe there is or may have been any unauthorized use of any password or account or any other breach of security or any other need to deactivate a user name or password due to security or other concerns. You are responsible for exiting from your account at the end of each Service browsing session.
In addition to compiling information about you, we may also contact you for the purpose of offering you goods and services. Our separate consent for commercial electronic messages covers this right and you will have the right to stop receiving commercial electronic messages by simply unsubscribing.
We will also use the information we obtain to improve our Services and to develop new products and services.
RIGHTS TO IDEAS / CONTENT
HonkMobile is free to use any images, videos, text, ideas, concepts, know-how, or techniques contained in any communication you send to HonkMobile for any purpose whatsoever, including, but not limited to, developing and marketing products using such information, without compensation or any other obligations to anyone, including you.
Anything transmitted or posted may be used in perpetuity by HonkMobile and its affiliated organizations for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, dissemination, re-posting, ‘tweeting’ and web logging.
HonkMobile respects the intellectual property of others, and requires that its users do the same. Accordingly, you may not post any material protected by copyright anywhere on the Services without the express permission of the author or owner of the copyright in that material.
HonkMobile will promptly take down or block access to infringing or allegedly infringing material on its servers if HonkMobile becomes aware that such material infringes the copyright rights of a third party, whether HonkMobile identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a third party.
If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, and appears on the Services, please contact us.
LOSS OF DATA/ERRONEOUS DATA
HonkMobile is not responsible for any damage to you or any third party caused by loss of access to, or deletion or alteration of any information on the Services. HonkMobile is not responsible for any damage to you or any third party caused by incorrect information on the Services.
When you use the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. If you send any communications or materials to the us by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary.
SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of sponsors, third parties or advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, advertiser or third party (as applicable). You agree that HonkMobile shall not be responsible or liable for any loss or damage of any sort incurred by you or anyone else as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Services.
HYPERLINKS TO THIRD PARTY WEBSITES
Please note that certain links from the Services may take you to third parties. HonkMobile provides these links only as a convenience and not as an endorsement by HonkMobile. These linked websites are not necessarily under the control or influence of HonkMobile. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. HonkMobile is not responsible for the content of any such linked websites or any other web page which is not part of our Services and under our control. Unless otherwise expressly provided, HonkMobile makes no representation or warranty regarding, and does not endorse, any linked website or the information, products or services appearing thereon. Accordingly, you agree that HonkMobile will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any website linked from our Services.
RESTRICTIONS ON USE
We own the copyright in all material, information and content (collectively “Content”) available on our Services, including the manner in which such Content is presented. All our rights are reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. HonkMobile grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through our Services, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content. You may not use the Services or its Content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use the Services solely for your own non-commercial use and benefit and not for resale or other transfer or disposition to any other person or entity and not to support any gaming or gambling.
WEBSITE ACCESS RESTRICTIONS
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained on the Services or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our information technology infrastructure. You agree that you will not access, reload or “refresh” pages contained on our Services, or make any other request to transactional servers, more than once during any thirty second interval. Neither the Services nor any portion of the Services may be reproduced, duplicated, copied, sold, resold, cited, or otherwise exploited for any commercial purpose without express written consent of HonkMobile. You may not frame or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including images, text, page layout, or form) or those of our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing HonkMobile’s name or trademarks without our express written consent. Any unauthorized use terminates any permission or license we have granted to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Services so long as the link does not portray HonkMobile, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HonkMobile logo or other proprietary graphic or trademark as part of the link without our express written permission.
You understand that all information, data, text, photographs, graphics, images, avatars, video, messages, idea, reviews, opinions, suggestions or other materials (“Submitted Content”), whether publicly or privately posted, emailed, transmitted, uploaded or other submitted to HonkMobile, are the sole responsibility of the person from which such Submitted Content originated and any such post, email, transmission, uploading or other submission of such Submitted Content is subject to these Terms and Conditions. In addition, you also acknowledge and agree that you, and not HonkMobile, are entirely responsible for all Submitted Content that you post, e-mail, transmit, upload or otherwise submit via the Services. HonkMobile does not control the Submitted Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable or that is bullying, threatening or inaccurate. Under no circumstances will HonkMobile be liable in any way for any Content (including Submitted Content), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, e-mailed, transmitted, uploaded or otherwise submitted.
MODIFICATIONS TO SERVICE
HonkMobile reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part of the Services) with or without notice. You agree that any modification or discontinuance of the Services may be effected without prior notice, and you acknowledge and agree that in connection with any such modification or discontinuance, HonkMobile may immediately deactivate or delete your account and all related information and files in your account (including any registration data and personal information). You further agree that HonkMobile shall not be liable to you or to any other person as a result of any such modification or discontinuance for any reason whatsoever.
You agree that HonkMobile, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Submitted Content within the Services, for any reason, including, without limitation, for lack of use or if HonkMobile believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. HonkMobile may also in its sole discretion and at any time discontinue providing the Services, or any parts of the Services, with or without notice. You agree that any suspension and/or termination of your access to the Services may be effected without prior notice, and acknowledge and agree that HonkMobile may immediately deactivate or delete your account and all related information and files in your account (including any registration data and personal information) and/or bar any further access to such files or the Services. You further agree that HonkMobile shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Services or with any terms, conditions, rules, policies, guidelines, or practices of HonkMobile in operating the Services, your sole and exclusive remedy is to discontinue using the Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Service, including, without limitation, the Content or Submitted Content associated with your use of the Services.
b. HONKMOBILE MAKES NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ELECTRONIC DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HONKMOBILE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
e. THE SERVICES MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE SERVICES IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR CASUAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS FROM THE SERVICES OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER HONKMOBILE NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HONKMOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR THE SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST HONKMOBILE AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICES AND THE INFORMATION AVAILABLE THEREON.
PERSONAL INJURY OR DEATH
You acknowledge that motor vehicle accidents can be dangerous and that collision with other motor vehicles or with other objects can cause injury or death to you or a third party. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER HONKMOBILE NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HONKMOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE DESTRUCTION OF PROPERTY, PERSONAL INJURY OR DEATH RELATED IN ANY WAY TO THE USE OF THE SERVICES.
You agree to defend, indemnify and hold harmless each of HonkMobile, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Services, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms (including any terms and conditions incorporated by reference); (b) your use of the Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Services or through any other services we or our affiliates provide. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.