EcoSpeed Website Terms of Use
The services that Clarian Labs, LLC ("CL") provides to you on the eco:Speed website ("Services") are subject to the following terms of use ("Terms of Use"). If you do not agree with these terms, you should not use the site. CL may modify the Terms of Use at any time and you should visit this page periodically to review any changes to the Terms of Use. Your continued use of the site indicates your assent to any changes to these Terms of Use.
If you are using the EcoSpeed API please refer to the EcoSpeed API Terms of Use.
Please see as well the EcoSpeed Privacy Policy.
1. Restrictions
You agree to use the Services for your personal, non-commercial use. You agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse-engineer any portion of the Services. You agree not to use the Services in any way that is unlawful, or harms, its service providers, suppliers or any other user. These Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Websites. CL reserves the right to restrict automated queries.
2. Changes to the Agreement or the Services
You agree and understand that these Terms of Service and the Services may be modified at any time without prior notice. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Services after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by CL, any new features, new services, enhancements or modifications to the Services implemented after your initial access to the Services shall be subject to these Terms of Use. The eco:Speed calculated for a specific route may change at any time due to changes, additions, deletions, or corrections to the data sources we use, changes or improvements to our energy savings algorithm, or other reasons.
3. Linked Materials
The Services include links to third-party products, services and Websites. CL does not endorse, and takes no responsibility for such products, services, and websites.
4. Claims of Copyright Infringement
Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify CL by filling out this form.
5. Intellectual Property
The Services are the property of CL, and subject to the intellectual property rights of CL and its licensors. © 2012 Clarian Labs, LLC. All rights reserved.
6. NO WARRANTY
CL PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CL MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. CL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
7. LIABILITY LIMITATION; EXCLUSIVE REMEDY
IN NO EVENT WILL CL OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST CL OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
8. Choice of Law; Disputes
These Terms of Use are governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.
9. General
You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. CL’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and CL with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and CL with respect to the Services.
Last modified 1/28/2012