Terms of Use

Last Revised: January 28, 2025 

These Terms of Use (“TERMS”) are a legal agreement between you and i3 Product Development, LLC, and the affiliates and subsidiaries owned and operated by i3 Product Development, LLC (together “COMPANY”) that governs your access to and use of COMPANY websites (the “Sites”), Mobile Apps (as defined below), Standalone Maps (as defined below) and related COMPANY products and services (“Products”), including all media, printed or electronic documentation, Updates (as defined below) and support services associated with the Sites, Mobile Apps, Standalone Maps and Products (all collectively, the “Service”). Your access to and use of the Service is conditioned on your acceptance of the TERMS and any additional terms that may be provided or presented to you when you use certain features of the Service or purchase Standalone Maps or Products, all of which are incorporated into the TERMS by this reference. 

By using the Service, you are agreeing to the following TERMS and COMPANY’s Privacy Policy.  

Please read the entire TERMS before using the Service. 

1. ACCEPTANCE OF TERMS 

BY CLICKING “I AGREE”, MAKING A PURCHASE THROUGH THE SERVICE, REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT ACCESS OR USE THE SERVICE, MAKE A PURCHASE THROUGH THE SERVICE, OR CLICK TO INDICATE THAT YOU AGREE TO THE TERMS. 

THE TERMS REQUIRES BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.  

You represent and warrant that you are: (i) over eighteen years of age or the age of majority in your jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction. 

2. PRIVACY POLICY 

In addition to the TERMS, the COMPANY Privacy Policy governs your access to and use of the Service. You acknowledge and agree that by accessing or using the Service, COMPANY may receive certain information about you, including personal information, and COMPANY may collect, use and disclose such information in accordance with the Privacy Policy. 

3. GRANT OF RIGHTS; OWNERSHIP 

(a) Unless you maintain a separately executed license agreement, COMPANY grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) access, view and interact with the Service for your personal, non-commercial use only; and (ii) print a reasonable number of pages for your personal, non-commercial use only. 

(b) With respect to any standalone COMPANY map offerings (and any Updates thereto) obtained from COMPANY or through an authorized reseller, which may include but are not limited to maps provided on micro-SD cards or other storage devices and maps and Updates downloaded from the Service (“Standalone Maps”), COMPANY grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) install the Standalone Maps on one compatible GPS device that you own or control; and (ii) access and view the Standalone Maps on such device for your personal, non-commercial use only. You acknowledge and agree that Standalone Maps are licensed, not sold, to you for use only under the terms and conditions of the TERMS. 

(c) To the extent that the Service provides access to any online software, applications, or other similar components, then COMPANY grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components within the online platform provided by COMPANY and only for your personal, non-commercial purposes. 

(d) COMPANY makes available mobile applications for access to and use of certain components of the Service (collectively, “Mobile Apps”). Subject to your compliance in all material respects with the terms and conditions of the TERMS and your compliance with the corresponding Terms of Service governing your access/use of the Mobile Apps or Google Play App Stores, COMPANY grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Mobile Apps on a personal mobile device that you own and control, in executable, machine-readable, object code form only and solely for your personal, non-commercial purposes. You acknowledge and agree that the Mobile Apps are licensed, not sold, to you for use only under the terms and conditions of the TERMS. 

(e) All rights granted to you under this TERMS are subject to your compliance with the TERMS in all material respects. Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by COMPANY. 

4. REGISTRATION 

(a) If you register to use the Services or download one of our applications, we may require you to create an account password to make purchases, subscribe to our services, or use certain features on the Services. You must be at least 18 years or older to independently register as a user and create an account. If you are between the ages of 13-18, you may use some Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data (as that term is defined in our Privacy Policy) to Outside, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address). 

(b) You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify COMPANY immediately of any unauthorized use of your account or password or any other similar breach of security. 

5. FEES AND MEMBERSHIPS; CANCELLATION 

(a) You are solely responsible for any data, usage and other charges assessed by mobile, cable, internet or other communications services providers for your access to and use of the Service. Some features of the Service are free to use, but fees may apply for memberships, premium features and other components. If there is a fee listed for any portion of the Service, by accessing or using that portion, you agree to pay the fee. 

(b) If you make an in-app purchase in a Mobile App, the applicable fee may be denominated in your local currency through which you obtain the Mobile App (each, an “App Store”). The App Store collects the applicable fee from you on your device. You should consult the App Store to understand its sales terms and determine whether the fee includes all applicable taxes, currency exchange settlements and other charges. You are solely responsible for paying all such taxes, fees and other charges. COMPANY relies on the App Store to collect fees and to report on the status of accounts. Your access to the Service may be suspended or terminated if you do not make payment on time or in full. In-app purchases are managed by the App Store directly. COMPANY does not have the ability to manage any aspect of your in-app purchases on your behalf, including, but not limited to, initiating, canceling or refunding purchases. 

(c) If you sign up for a subscription-based membership, your membership will automatically renew at the conclusion of the then-current term unless you turn off auto-renewal at least twenty-four (24) hours before the conclusion of the then-current term. Uninstalling a Mobile App will not automatically cancel your membership or account or turn off auto-renewal, and you may continue to access the Service and your account after uninstalling a Mobile App, such as through the Sites. You must cancel your membership or turn off auto-renewal to end recurring charges. If you uninstall a Mobile App without canceling your membership or turning off auto-renewal, the recurring charges for your membership will continue. COMPANY reserves the right to change membership fees at any time and COMPANY may begin charging for products, content or services that it currently offers for free. COMPANY will notify you at least 30 days in advance of your auto-renewal if the price of your membership fee has increased. 

(d) TO CANCEL YOUR MOBILE APP SUBSCRIPTION, PLEASE TAKE THE FOLLOWING STEPS: For the Google Play Store, visit Account, then > Subscriptions. For the Apple App Store, visit Settings, then > tap “Apple ID: (your Apple ID) at top of screen, then > View Apple ID, then > Subscriptions. For more information on managing your Apple App Store subscriptions, please visit: here for Apple App Store (as may be updated by Apple from time to time) or here for Google Play Store. Canceling a membership or turning off auto-renewal will not entitle you to a refund of any fees already paid, and previously charged fees will not be pro-rated based on cancellation date. Cancellation is effective at the conclusion of the then-current term. We are unable to process any returns or exchanges for purchases via the App Stores, you must abide by the specific return policies of the App Store. 

(e) If you purchased a subscription-based membership directly from COMPANY on an COMPANY website, please take the following steps to turn off auto-renewal of your membership: (i) sign into your account and navigate to “My Memberships” on the left side of the screen; (ii) find the membership you would like to cancel, and navigate to the “Cancel My Membership” button; and (iii) follow the instructions and prompts to complete the cancellation process. If you have any questions about the status of your membership, please contact us at: i3pdhelpdesk@i3pd.com. 

(f) All payments related to your Subscription or other purchases made from your registration account must be made from a payment method on which you are the named account holder (the “Payment Method”). Unless otherwise stated, all fees due for the Subscription(s) are payable in advance and will be billed automatically to the Payment Method. You must provide accurate and complete information in connection with such payment processing. You agree that we will not be liable for any loss caused by any unauthorized use of your payment card or any other method of payment by a third party in connection with the Services. Any attempt to defraud the Company using payment cards or other payment methods will result in immediate termination of your account and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account. We are entitled to inform relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments. 

(g) We may use third party electronic payment processors and/or financial institutions (“Payment Processors”) to process financial transactions. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle such transactions and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted on the Services. You agree to be bound by the terms and conditions of each applicable Payment Processor. In the event of conflict between these Terms of Use and the Payment Processor terms and conditions, these Terms of Use shall govern. 

(h) COMPANY reserves the right to increase Subscription fees or to institute new fees at any time with reasonable advance notice. If you do not wish to pay the new prices, you can cancel your Subscription prior to the change becoming effective. 

6. RIGHTS TO CONTENT; COPYRIGHT AND TRADEMARK NOTICE 

(a) COMPANY does not claim ownership of Your Content. However, you grant COMPANY and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, and have made Your Content (in any form and any medium, whether now known or later developed) in connection with the Service. You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. 

(b) Certain features within the Service allow you to share Your Content with other users, groups of users or all users. By using such features, you provide designated users a perpetual, irrevocable and non-exclusive license to view Your Content. 

(c) Except with respect to Your Content, you acknowledge and agree that COMPANY and its licensors own all rights, title and interest in the Service and all Content and other materials within the Service (including, but not limited to, text, photos, video, visual interfaces, interactive features, graphics, design, compilation, code, products, software, aggregate user reviews or ratings, and all other elements, components and intellectual property rights), which may not be used without the prior written consent of COMPANY. The Service is protected by U.S. and international copyright and other intellectual property laws and treaties. The COMPANY logos and trademarks referenced in the Service are the trademarks of COMPANY and its affiliates. Any other company names, product names, service names and logos referenced in the Service may be the trademarks of their respective owners. COMPANY reserves all rights not expressly granted to you. 

(d) Except with respect to Your Content, you may not: (i) use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the Service, except as expressly permitted under the TERMS; (ii) except as expressly permitted by applicable law, reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of, any software within or associated with the Service; (iii) frame or utilize any framing technique to enclose any Content; (iv) access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by COMPANY; (v) rent, lease, lend, sell or sublicense the Service or otherwise provide access to the Service as part of a service bureau or similar fee-for-service purpose; or (vi) remove or obscure any proprietary notice that appears within the Service. 

7. RESPONSIBILITY FOR CONTENT 

(a) You acknowledge and agree that all information, maps, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not COMPANY, are entirely responsible for all Content that you upload, post, email, transmit, share, or otherwise make available through the Service (“Your Content”), and other users of the Service, and not COMPANY, are similarly responsible for all Content they upload, post, email, transmit, share or otherwise make available through the Service (“User Content”). 

(b) You acknowledge and agree that COMPANY has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although COMPANY reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing sentence, COMPANY shall have the right to remove any Content that violates the TERMS or that it deems objectionable in its sole discretion. 

(c) To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in the TERMS with respect to Your Content; and (ii) Your Content does not violate any copyright, trademark, right of privacy, right of publicity or any other right of any other party and does not contain false or misleading statements. 

8. USER CONDUCT 

In connection with your access to or use of the Service, you shall not: 

(a) upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate. 

(b) impersonate any person or entity, including, but not limited to, COMPANY personnel, or closely state or otherwise misrepresent your affiliation with any person or entity. 

(c) forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service. 

(d) act in a manner that negatively affects the ability of other users to access or use the Service. 

(e) take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure. 

(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service. 

(g) use spiders, crawlers, robots, scrapers, automated tools, or any other similar means to access the Service or substantially download, reproduce, or archive any portion of the Service. 

(h) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password. 

(i) violate any applicable local, state, provincial, federal, or international law or regulation. 

(j) violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, trade name, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or 

(k) use the Service or any Content from the service to harass, harm, threaten or otherwise harm another user or third party. 

9. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES 

Your dealings with advertisers and other third parties who market, sell, buy, or offer to sell or buy any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser or other third-party. You agree that COMPANY shall not be liable for any damage or loss of any kind incurred because of any such dealings. 

10. FEEDBACK, CONTRIBUTOR PROGRAMS AND GIVEAWAYS 

(a) If you elect to provide or make available to COMPANY any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Ideas”), COMPANY shall be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Ideas in any form and any medium (whether now known or later developed), without credit or compensation to you. 

(b) COMPANY may offer and derive content from one or more contributor programs. Contributor programs may be subject to separate agreements regarding licensing, media use and liability. It is your choice to participate in any contributor program and your responsibility to follow these TERMSs and any additional agreements. Participating in a contributor program does not create an employment relationship between you and COMPANY.  

(c) COMPANY may, from time to time, provide you the opportunity to participate in surveys, contests, or sweepstakes (together, “Contests”) through the Services, which may include additional terms and conditions to participate. All Contests are voluntary, and it is your responsibility to comply with these TERMSs and any additional terms and conditions when participating.  

11. LINKS AND EXTERNAL MATERIALS 

The Service or users of the Service may provide links to other websites or resources. You acknowledge and agree that COMPANY does not endorse and is not responsible for any content, advertising, products, services, or other materials on or available through such sites or resources (“External Materials”). These sites are subject to different terms of use and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that COMPANY shall not be liable for any damage or loss resulting from or arising out of use of or reliance on any External Materials. 

12. MODIFICATIONS TO THE SERVICE; UPDATES 

(a) COMPANY reserves the right at any time to modify, suspend or discontinue the Service (or any portion thereof) with or without notice, and COMPANY shall not be liable to you or to any third party for any such modification, suspension or discontinuance; provided, however, that in the event of discontinuance, you will be entitled to receive a prorated refund for the unused portion of any active subscription. 

(b) COMPANY may at its sole discretion from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Service (“Updates”). COMPANY may develop Updates that require installation by you before you continue to access or use the Service. Updates may also be automatically installed without providing any additional notice to you or receiving any additional consent from you. The manner in which Updates may be automatically downloaded and installed is determined by settings on your device, its operating system and/or your applicable App Store settings. 

13. ADDITIONAL DATA SERVICES 

COMPANY may provide RSS, Data API and/or Widget Services (together “Additional Data Services”) within certain portions of the Service. You agree that, in addition to the other terms set forth in these TERMS, the following terms apply to any all-Additional Data Services: 

(a) All Additional Data Services are provided for your non-commercial use only, and any other use is forbidden. You may not edit, modify, or otherwise alter the text, content or links supplied to you through the Additional Data Services. You may not resell, lease, license, assign, redistribute or otherwise transfer any part of the Additional Data Services. 

(b) Any RSS or Data API Services may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full content on the Service. You may not display the data in any manner that does not permit successful linking to, redirection to or delivery of the applicable company service page. In addition, you may not insert any intermediate page, splash page or other content between the data/link and the applicable company service page. 

(c) For any Widgets provided, you must display the map in its entirety (including all trademarks, branding, advertising, and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed by the Widget that would otherwise create consumer confusion as to the source or origin of the map of trails that the Widget generates. 

(d) COMPANY retains all copyright ownership and other legal rights in the Additional Data Services as well as all ownership and other rights in any logos, trade or service marks used in connection with the Additional Data Services. You must provide attribution to COMPANY in connection with your use of the Additional Data Services.  

14. CHANGES TO THE TERMS 

COMPANY reserves the right to change the TERMS at any time upon notice to you. COMPANY may give notice by making the updated TERMS available in the Service or by any other reasonable means. You can access and review the most current version of the TERMS at any time at: https://www.noroads.app/TERMS. The updated TERMS are binding on you as of the next date that you use the Service after the date of updated TERMS. If you do not agree to the updated TERMS, you must stop using the Service. Your continued use of the Service after the effective date posted at the top of the TERMS will constitute your acceptance of the updated TERMS. 

15. INDEMNIFICATION 

You will indemnify and hold COMPANY and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “COMPANY Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys’ fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the TERMS or any law or regulation; or (c) violation of any rights of another party. 

16. DISCLAIMER OF WARRANTIES 

(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

(b) COMPANY PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE. 

(c) ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. AVAILABILITY AND ACCURACY OF THE INFORMATION PROVIDED BY THE SERVICE IS DEPENDENT UPON MANY FACTORS. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL INFORMATION, CONDITIONS AND YOUR HARDWARE BEFORE TAKING OR OMITTING ANY ACTION. DO NOT USE THE SERVICE FOR ANY PURPOSE REQUIRING PRECISE DIRECTION, DISTANCE OR LOCATION. 

(d) IT IS YOUR RESPONSIBILITY TO:  

• OBEY ALL APPLICABLE LAWS, RULES, RETULATIONS, RESTRICTIONS, ADVISORIES AND POSTINGS, INCLUDING, BUT LIMITED TO THOSE RELATED TO TRESPASSING, PRIVATE PROPERTY, PUBLIC LAND USE, HUNTING AND TRAPPING, FISHING, FIREARMS, MOTOR VEHICLES AND NON-MOTORIZED RECREATION.  

• USE YOUR COMMON SENSE AND DUE DILIGENCE.  

• VISUALLY VERIFY BOUNDARIES, ROADS, TERRAIN AND TRAILS FOR ACCESS AND SAFE CONDITIONS.  

• CHECK LOCAL WEATHER AND PLAN AHEAD.  

• TAKE APPLICABLE SAFETY COURSES, TRAVEL WITH A PARTNER, AND ENSURE YOU HAVE THE PROPER EQUIPMENT, SUPPLIES, DOWNLOADED DATA, AND BATTERY SUPPORT TO GET HOME SAFELY. 

(e) THE CONTENT MADE AVAILABLE THROUGH THE SERVICE DOES NOT CONSTITUTE A LEGAL SURVEY. OWNERSHIP OF LAND, WHETHER PUBLIC OR PRIVATE, MAY CHANGE AT ANY TIME. TO OBTAIN THE DEFINITIVE DESCRIPTION OF REAL PROPERTY, CONSULT THE DEED OR OTHER OFFICIAL RECORD MAINTAINED BY THE APPLICABLE GOVERNMENTAL AUTHORITY. DO NOT USE THE SERVICE FOR ANY PURPOSE REQUIRING PRECISE DIRECTION, DISTANCE, LOCATION OR CURRENT CONDITIONS. 

17. LIMITATION OF LIABILITY 

(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF COMPANY PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT PAID BY YOU TO COMPANY FOR ACCESS TO THE SERVICE (OR PORTION THEREOF) AT ISSUE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE. 

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE MAY INVOLVE KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PROPERTY DAMAGE, BODILY INJURY OR DEATH, INCLUDING, BUT NOT LIMITED TO, RISKS THAT MAY ARISE FROM THE ACTS OF OTHERS AND OTHER RISKS BEYOND THE CONTROL OF COMPANY. YOU ASSUME ALL SUCH RISKS AND ALL RELATED DAMAGES AND LOSSES, WHETHER CAUSED IN WHOLE OR IN PARTY BY ANY ACT OR OMISSION OF COMPANY PARTIES. YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS COMPANY PARTIES FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION FOR PROPERTY DAMAGE, BODILY INJURY, WRONGFUL DEATH, LOSS OF SERVICES OR OTHER CLAIMS ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE. The limitation of liability set out in this section 17 does not apply to liability resulting from COMPANY PARTIES’ gross negligence or willful misconduct. 

18. INDEPENDENT REMEDIES 

The exclusion of damages under Section 17 is independent of your exclusive remedy in Section 17 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Section 17 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law. 

19. TERMINATION AND SURVIVAL 

If you violate the TERMS: (a) all rights granted to you under the TERMS shall terminate immediately, with or without notice; (b) you must immediately cease using the Service; and (c) COMPANY, in its sole discretion, may remove and discard Your Content. Upon termination of the TERMS, all rights granted to you under the TERMS shall immediately terminate, but all other provisions shall survive termination. 

20. GOVERNING LAW 

The TERMS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws, and the laws of the State of Oklahoma, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the TERMS. 

21. BINDING ARBITRATION AND CLASS ACTION WAIVER 

(a) ALL CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. 

(b) The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except that COMPANY will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any dispute where you assert a claim against COMPANY, unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee). The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction. 

(c) WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OKLAHOMA OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN OKLAHOMA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM. 

(d) Notwithstanding anything to the contrary, you and COMPANY may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above. 

22. INTERNATIONAL USE 

If you are not a United States resident and you are accessing the Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you. 

COMPANY servers and operations are located primarily in the United States and COMPANY policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including personal information) to and in the United States and/or other countries; (ii) You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, listed in the Area Control List under Canada’s Export and Import Permits Act, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. 

23. U.S. GOVERNMENT ENTITIES 

This section applies to access to or use of the Service by a branch or agency of the United States Government. The Service includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in the TERMS with respect to such items, and any access to or use of the Service by the United States Government constitutes: (i) agreement by the United States Government that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein. 

24. NO THIRD-PARTY BENEFICIARIES 

You agree that, except as otherwise expressly provided in the TERMS, there shall be no third-party beneficiaries to the TERMS. 

25. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT 

If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide COMPANY’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Service; (d) your address, telephone number and email address; (e) 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, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. COMPANY’s Agent for Notice of Copyright Claims can be reached as follows: 

Agent for Notice of Copyright Claims 

i3 Product Development, LLC 

1869 Haynes Drive, Sun Prairie, WI 53590 

26. NOTICES 

COMPANY may give you all notices (including legal process) that COMPANY is required to give by any lawful method, including by making notice available through the Service or by sending it to any email or mailing address that you provide to COMPANY. You acknowledge that if you do not provide COMPANY with current and accurate contact information, COMPANY may not be able to contact you. You agree to send COMPANY notice by mailing it to the following address: COMPANY Controls, LLC, [ADDRESS]. 

27. GENERAL PROVISIONS 

The TERMS constitutes the entire agreement between you and COMPANY concerning your access to and use of the Service. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and COMPANY with respect to such subject matter. You may not assign or delegate any right or obligation under the TERMS without the prior written consent of COMPANY. The failure of COMPANY to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision. If any provision of this TERMS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the TERMS. Any prevention of or delay in performance by COMPANY hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay. If you are using the Mobile App on Apple iOS, the parties acknowledge that the TERMS is concluded between you and COMPANY only, and not with Apple, and Apple is not responsible for the Mobile App and the contents thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Apps. COMPANY, not Apple, is responsible for addressing any claims from you or any third party relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to, product liability claims, any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation. COMPANY, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claim attributable to the Mobile App. Apple and Apple’s subsidiaries are third-party beneficiaries of the TERMS, and Apple shall have the right (and will be deemed to have accepted the right) to enforce the TERMS against you as a third-party beneficiary hereof. 

28. CONTACT INFORMATION 

If you have questions, concerns or suggestions regarding the Service, your account or the TERMS, please contact us at: i3pdhelpdesk@i3pd.com.