Terms of Service
– Effective: October 19, 2017
These terms and conditions (“Ten20 Terms”) comprise a legally binding agreement (“Agreement”) between Ten20 LLC (“we” or “Ten20”) and you who signs up for and uses Ten20 Basic, Ten20 Premium, or Ten20 Enterprise services (collectively, the “Service”) either through our website or our mobile application (“App”).
PLEASE BE AWARE THAT WE RESERVE THE RIGHT TO MODIFY THE SERVICE OR AGREEMENT AT ANY TIME AND TO SUSPEND OR TERMINATE THE SERVICE OR AGREEMENT AT ANY TIME.
TEN20 PROVIDES THE SERVICE ON THE CONDITION THAT YOU ACCEPT THE AGREEMENT AS PRESENTED.
PLEASE CAREFULLY READ THE TERMS AND CONDITIONS BELOW.
BY PRESSING THE VERIFY BUTTON DURING ACTIVATION OF THE SERVICE AS DESCRIBED BELOW, OR USING ANY OF THE SERVICE, YOU HEREBY ENTER INTO THIS AGREEMENT WITH TEN20 AND BE BOUND BY THE TEN20 TERMS PRESENTED BELOW WITHOUT CHANGE. YOU CONSENT TO HAVE THIS AGREEMENT PROVIDED TO YOU IN ITS PRESENT ELECTRONIC FORM AND TO DO BUSINESS ELECRONICALLY. IF YOU DO NOT AGREE TO THE TEN20 TERMS OR TO DO BUSINESS ELECTRONICALLY, PLEASE DO NOT REGISTER FOR THE SERVICE.
- CHANGES/UPGRADES TO THE SERVICES. Ten20 has the right, in its sole discretion, to modify or change the Services and any related Fees (as defined below), and will notify you of such changes via the Platform, or if there are material changes to the Service, Ten20 will notify you via the e-mail provided by you during registration. Your continued use after such modification(s) or change(s) are made constitutes your acceptance of such Service and/or Fees.
- USE OF SERVICE
Eligibility – You must be 18 years old, or the age of majority, as determined by your local residency, to become a user and assume the obligations set forth in these Ten20 Terms.
Service Area – Your service area will be dependent on your working cell phone coverage or Internet access.
Geographic Restrictions – The Service, and certain content available within the Service, are currently available only in some countries. You agree that you will not present any false, inaccurate or misleading information in an effort to misrepresent yourself as a resident of a supported country, and you will not attempt to circumvent any restrictions on access to or availability of the Service or content available within the Service.
Location-Based Services – The Service may provide features based on your location. To utilize these features, you must allow the Service access to location information generated by the device used to interact with the website or App. If enabled, you expressly consent to and grant Ten20 the right to collect and disclose the location of your mobile device or other related information (“Location Information”).
Safety and Access Control – It is your responsibility to exercise discretion and observe all safety measures that you deem necessary or as may be required by law to protect your personal well-being and personal and real property and to prevent unauthorized access, misuse of passwords, or misuse of any other information. You may only access and use the Platform as authorized by Ten20 Terms and any other materials Ten20 provides to you. Ten20 is not liable to you for any unauthorized access or misuse of the Service and Platform. You may not use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You may not attempt to gain unauthorized access to the Platform, computer systems or networks connected to the Platform, through hacking, password mining, or any other means. You agree that you will not engage in any activities with respect to the Platform that are contrary to any applicable laws, rules, and regulations. You further agree to: (1) not to use the Service while driving, and (2) to either only use the Service after you have stopped your vehicle in an appropriate location permitted by law or have a passenger other than the driver use the Service, provided it does not interfere with the due course of driving and does not distract the driver.
Service Interruptions – Since the Service is internet based, it may be interrupted or negatively affected by items outside of the control of Ten20. Ten20 is not liable to you for interruptions of or problems with the Service caused by acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services obtained by you or Ten20, virus attacks or hackers, failure of third party software (including, without limitation, e-business software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services; failure of access circuits to Ten20’s computer network, unless such failure is caused solely by Ten20; DNS (“Domain Name Server”) issues outside the direct control of Ten20; Issues with FTP, POP3, SMTP, or any items relating to your access to the Platform or the Services; your acts or omissions (or acts or omissions of others engaged or authorized by you, including, without limitation, custom scripting or coding (e.g., COI, Perl, HTML, ASP, etc.), any negligence, willful misconduct, or use of Platform or Services in breach of this Agreement; e-mail or WebMail delivery and transmission; DNS propagation; or outages elsewhere on the Internet that hinder access to the Platform or the Services. Your Service is dependent on you ensuring that your devices are active and fully functioning. Ten20 is not liable due to any failure of your devices.
Restrictions on Use – You agree that you will not copy, translate, rent, lease, sublicense or otherwise transfer the Service or App; and/or cause or permit reverse compilation, reverse engineering, or reverse assembly of all or any portion of the Service or App.
Third Party Sites – As a convenience to users, Ten20 may provide links to third-party sites from within the service. Ten20 may participate in online third-party advertising programs designed to provide a means for sites to earn advertising fees by advertising and linking to sites.
Mobile Device – If you are utilizing the Services using the App, Ten20 grants you the right to use the App solely as set forth in this Agreement. You must comply with all applicable laws and third-party terms and conditions including any fees where applicable when using the App (e.g. your wireless data service agreement). Ten20 grants you the right to use the App only on a device that you own or control.
- Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Ten20, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Ten20 Terms.
Ten20 is not directed to anyone younger than 18 and is offered only to users 18 years of age or older. Any person who provides their personal information through Ten20 that they are 18 years of age or older.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Ten20 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ten20 with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Ten20, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
- Your Content and Conduct
As a user of Services, you may submit Content to the Service, including videos and user comments. You understand that Ten20 does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Ten20 all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Ten20 Terms.
By submitting Content to Ten20, you hereby grant Ten20 a worldwide, non-exclusive, royalty-free, sublicenseable and transferable, irrevocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Ten20’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Ten20 all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that:
- Includes nudity or is sexually explicit, is in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
- Encourages others to do things that might cause bodily injury;
- Includes hateful content that promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose is to incite hatred; and/or
- Spam, misleading metadata, and scams. Ten20 does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Ten20 expressly disclaims any and all liability in connection with Content. Ten20 does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Ten20 will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Ten20 reserves the right to remove Content without prior notice.
For Ten20 Enterprise users, you will be granted access to an enterprise specific tab within the Service (“Enterprise Tab”), where your Carrier, you, and other drivers for the Carrier may post Content. Any Content posted to the Enterprise Tab may be controlled, edited, and monitored by your Carrier. Once you are no longer associated with your Carrier, your account will revert to Ten20 Basic and you will no longer have access to Content on the Enterprise Tab.
- DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement 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
- A statement 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.
You may direct copyright infringement notifications to email@example.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Ten20 Manager listed at the end of this Agreement. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Indianapolis, Indiana, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Ten20 may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Ten20’s sole discretion.
Ten20 offers Ten20 Basic as no charge service, Ten20 Premium as a paid service for $6.99 per month with automatic renewal, and Ten20 Enterprise as service paid by your Carrier, if available. All fees related to Ten20 Premium (the “Fees”) are due in advance of the Service being provided and will include all applicable sales tax and will be billed to you and transacted by Ten20 or its designated third-party provider. Unless cancelled or auto-renewal is turned off at least 24-hours before the end of the current period, the account that you provided for payment purposes will be automatically billed at the end of each monthly period until the Service is terminated.
Any renewal of your subscription will be billed at the applicable Fees in effect at the time of the renewal. You will not receive billing statements. Billing statements and auto-renewal may be accessed by you on the Platform under “My Account” and such statements will contain the Fees charged and the date of such charge. Any unused portion of a trial period, if offered, will be forfeited when the user purchases a subscription to Ten20 Premium. Any questions or claims regarding billing can be directed to Ten20’s customer service. If you wish to dispute a charge on your bill, please call Ten20’s customer service within 120 days after the due date of the charge in question, otherwise you waive your right to dispute the charge.
You are responsible for immediately notifying Ten20 of any changes to your registration information including, but not limited to, billing address, name, credit card information, etc. You may notify Ten20 on the Platform under “My Account”.
In the event your email for Ten20 Premium is associated with Ten20 Enterprise, it is your responsibility to cancel your Ten20 Premium subscription and failure to cancel may result in non-refundable Fees being charged to your credit card at your current account payment frequency.
You may be required to pay fees imposed by your wireless carrier, including but not limited to, SMS text messages, data or WAP services fees, roaming, air time, excess minutes or excess data fees in order to access the Services. These fees are your responsibility.
TEN20 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE AVAILABILITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICE OR THE PLATFORM AND ALL ASSOCIATED SERVICES AND INFORMATION (COLLECTIVELY “TEN20 SERVICES”) OR FOR ANY THIRD-PARTY COMPONENTS PURCHASED BY YOU OR THIRD-PARTY SERVICE PURCHASED BY COMPANY. THE TEN20 SERVICES ARE BEING PROVIDED TO YOU ON “AS-IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE TEN20 SERVICES IS AT YOUR SOLE RISK. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, OR STATUTORY.
THE THIRD-PARTY LINKS, RESOURCES, AND CONTENT AVAILABLE WITH THE TEN20 SERVICES ARE NOT CONTROLLED BY TEN20, AND TEN20 DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH THIRD-PARTY LINKS, RESOURCES, AND CONTENT INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TEN20 WILL NOT BE LIABLE FOR YOUR ACCESS TO, USE OF OR DOWNLOADING OF CONTENT AVAILABLE ON OR THROUGH, THE SERVICE OR PLATFORM.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISLCAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
TEN20 DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OBLIGATION OR LIABILTY IN CONNECTION WITH THE TEN20 SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TEN20, ITS SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, PERSONAL OR REAL PROPERTY DAMAGE, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR NEGLIGENCE) AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IF TEN20 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE TEN20 SERVICES
EXCEPT AS OTHERWISE PROVIDED IN THESE TEN20 TERMS, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TEN20 SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL AND DISCONTINUE USING THE TEN20 SERVICES.
IN NO INSTANCE WILL TEN20’S LIABILITY TO YOU EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM AT ISSUE AND YOU AGREE THAT THIS LIMITATION REPRESENTS A REASONABLE ALLOCATION OF RISK.
- BY REGISTERING FOR THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD TEN20, TEN20, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND LICENSORS, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, PROCEEDINGS, SUITS AND ACTIONS, INCLUDING ANY RELATED LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, JUDGMENTS, SETTLEMENTS, EXPENSES (INCLUDING ATTORNEYS’ AND ACCOUNTANTS’ FEES AND DISBURSEMENTS) AND COSTS INCURRED BY, BORNE BY OR ASSERTED AGAINST TEN20 TO THE EXTENT SUCH CLAIMS IN ANY WAY RELATE TO, ARISE OUT OF, OR RESULT FROM YOUR USE OF THE TEN20 SERVICES.
- TERM AND CANCELLATION
Your Service will commence upon your acceptance of these Ten20 Terms and will continue on a month to month basis until cancellation by either you or Ten20 as provided herein. Any cancellation will take effect immediately and all access to the Service shall cease.
Ten20 reserves the right to suspend or cancel the Services at any time if you fail to pay amounts owing to Ten20 when due, violate or breach any of Ten20 Terms, or for any other reason in its sole discretion. If your Service is suspended or cancelled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described herein.
You will have a right, at any time, to cancel the Service upon notice to Ten20’s customer service. Upon such notice, you will not receive a refund of any Fees paid during the month Service was cancelled.
Waiver. Any waiver granted herein shall not be deemed effective unless in writing, executed by the party as to whom enforcement of the waiver is sought. A waiver by either party of any provision(s) hereof shall not be deemed a waiver as to any other provision hereof or of any subsequent breach by either party of the same or any other provision.
Severability. If any provision of these Ten20 Terms is prohibited or unenforceable by any applicable law, the provision shall be ineffective only to the extent and for the duration of the prohibition of unenforceability, without invalidating any of the remaining provisions.
Survival. The obligations of you under these Ten20 Terms that by their nature would continue beyond the termination of these Ten20 Terms including, but not limited to, those sections relating to Fees and Indemnification will survive any termination.
Attorneys’ Fees. In the event Ten20 seeks legal action against you for collection of any Fees or to enforce its rights and your obligations under these Ten20 Terms, Ten20 is entitled to recover from you its reasonable costs and expenses including, but not limited to, reasonable attorneys’ fees incurred as a result.
Remedies. The rights and remedies provided to Ten20 under these Ten20 Terms are in addition to any other remedies available at law or in equity.
Governing Law and Venue. These Ten20 Terms and any action related thereto or related to Services shall be governed, controlled, interpreted, and defined by and under the laws in effect in the State of Indiana, without regard to conflicts of law principles. Venue for any action, claim or proceeding pertaining to this Agreement shall be Indiana and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of such action. The United Nations Convention on the International Sale of Goods is explicitly excluded from this Agreement.
Entire Agreement. These Ten20 Terms represent the entire agreement and understanding of the parties with respect to the subject matter of these terms and conditions and supersedes all prior agreements and understandings between the parties, whether oral or written, with respect to this subject matter.
If you have any questions regarding these Ten20 Terms or any terms referenced herein, please contact Ten20 in any manner as follows:
Address: P.O. Box 406, New Palestine, Indiana 46163
Attention: Ten20 General Counsel.