EFFECTIVE: JUNE 1, 2022
THE APPLICATION (AS DEFINED BELOW) YOU ARE DOWNLOADING OR HAVE DOWNLOADED HAS BEEN PROVIDED BY Mobility Route, Inc. OR ITS AFFILIATES OR LICENSORS (COLLECTIVELY, “Mobility Route” or “we”). BY INSTALLING OR USING ALL OR ANY PORTION OF THE APPLICATION, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”). UPON ACCEPTANCE, THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY ENTITY THAT OBTAINED THE APPLICATION AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE APPLICATION. ACCORDINGLY, YOU AND Mobility Route AGREE TO THE FOLLOWING:
The “Application” consists of: (a) the Mobility Route mobile application provided in connection with an authorized link to this Agreement, including all software, code, text, graphics, logos, layouts, designs, interfaces, and other items included in or associated with the application; and (b) any files that are delivered to you by Mobility Route (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the Mobility Route mobile application.
The Application may provide a means for you to access one or more websites, other applications, or other products and services offered by Mobility Route (collectively, the “Services”), and audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (“Content”). The Application, Services and Content are copyrighted works of Mobility Route and may contain trademarks, service marks, trade names, and other intellectual property of Mobility Route. The Services enables you to track or use GPS to track the whereabouts of the vehicle used by the Non-emergency medical transportation (NEMT) provider companies that use the Services to pick you up and transport you to non-emergency type medical healthcare providers or facilities.
The Application and Content, and your use of the Services, are also subject to Mobility Route’s Terms of Service and Privacy Policy (collectively “Mobility Route Terms”) which are incorporated into this Agreement by this reference. There may also be additional terms that Mobility Route presents to you in connection with the Application, for example, at the time of download (“Additional Terms”). If there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly provide otherwise.
If you are obtaining the Application from a distribution channel such as the Apple App Store or the Android Marketplace (“Distribution Channel”), your purchase, if the application is paid, and any subscription, if the Application or its Content requires a subscription, may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. We, rather than the Distribution Channel, are responsible for the Application and the content thereof. Neither we nor the Distribution Channel has any obligation to furnish any maintenance and support services with respect to the Application. YOU ACKNOWLEDGE AND AGREE THAT NO DISTRIBUTION CHANNEL MAKES ANY WARRANTIES WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APPLICATION.
The Application may use location-based services to locate you. If you choose to use the Application, you consent to Mobility Route and its third party providers determining your location.
1. CHANGES TO THIS AGREEMENT AND MOBILITY ROUTE TERMS.
This Agreement applies to all downloading or installation of the Application after the Effective Date above, and use of any copy of the Application downloaded or installed after the Effective Date above. Mobility Route may make changes to this Agreement from time to time by posting a copy of the updated Agreement at https://mobilityroute.com/eula. Changes to this Agreement will be applicable to downloading or installation of the Application after the effective date of the changes. If you do not agree with any changes to this Agreement, your sole remedy is not to download or install the Application after the effective date of the changes.
Mobility Route also may make changes to the Mobility Route Terms as provided therein. Such changes will apply to your use of the Application to access Services and Content after the effective date of the changes. If you do not agree with any such changes, your sole remedy is to discontinue use of the Application to access the relevant Services and Content. If you continue to use the Application to access Services and Content after the effective date of the changes, you accept all changes.
2. CHANGES TO PRODUCT AND SERVICE OFFERINGS.
Mobility Route or the Distribution Channel may change pricing for the Application, Services and Content. We may not provide price protection or refunds due to price reductions, promotional pricing, or any other changes to pricing for any reason.
You acknowledge and agree that Mobility Route may suspend or discontinue offering the Application; modify the Application; change or discontinue the Services available through the Application; change how we offer and operate such Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge); remove Content; impose limits on certain features or restrict your access to part or all of the Application, Services and Content; or make other changes in Mobility Route’s product and service offerings at its sole discretion and with or without notice to you. We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Mobility Route Terms. You further acknowledge and agree that even if a copy of the Application continues to reside on your device, after we make changes in our product or services offerings, the Application may not work as it did prior to such action, and Mobility Route will have no liability to you or any third party as a result.
3. OWNERSHIP.
You acknowledge and agree that Mobility Route has all right, title, and interest in and to the Application and all intellectual property rights associated with the Application. The Application is protected by the copyright laws of the United States, international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the Application (including without limitation any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and Mobility Route reserves all rights not expressly granted to you. You must comply with all laws when using the Application as well as all applicable copyright, trademark or other legal notices or restrictions.
You will not:
- in whole or in part, copy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Application, except to the extent required by applicable law;
- install or use the Application on a computer or other device that is primarily used as a file server;
- remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in or on the Application;
- use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Application, unless authorized by Mobility Route in its sole discretion;
- distribute, publish, display, perform, sell, rent, lease, sublicense, assign, transfer, or grant a security interest in your rights in the Application, or authorize all or any portion of the Application to be copied onto another user’s computer except as permitted hereunder;
- intercept, emulate, or redirect the communication protocols used by the Application in any way, for any purpose, or engage in any activity that interferes with or disrupts the Application or Mobility Route’s or its vendors’ servers or other infrastructure; or
- facilitate, create, or maintain any unauthorized connection to the Application, including without limitation: (a) any connection to any unauthorized server that emulates, or attempts to emulate, Mobility Route’s or its vendors’ servers; and (b) any connection using programs or tools not approved by Mobility Route in its sole discretion.
- The Services and Content accessible through the Application are also protected by intellectual property and other laws in the U.S. and in other countries, and are subject to limitations on your use thereof, as set forth more fully in the Mobility Route Terms.
4. GRANT OF A LIMITED USE LICENSE TO USE THE APPLICATION.
Subject to your compliance with the Mobility Route Terms and this Agreement, Mobility Route hereby grants, and you hereby accept, a limited, revocable, non-sublicenseable, non-exclusive license to: (a) install the Application on one mobile device owned by you or under your legitimate control; and (b) engage in non-commercial use of the Application. All rights to use the Application are granted on the condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
5. USE OF THE APPLICATION.
When you use the Application, you may connect to Mobility Route’s or its vendors’ servers. Your communication with Mobility Route’s properties is governed by the Mobility Route Privacy Policy, available at https://mobilityroute.com/privacy. You consent to our use of data that you provide or that we may collect about you through the Application, in compliance with the Privacy Policy.
As part of the Application, you may receive push notifications, text (SMS) messages, multi-media text (MMS) messages or other types of messages directly sent to you outside or inside the Application (collectively, “Push Messages“). You may control the Push Messages in your device’s or the Application’s settings. Some of the Push Messages may be related to your location or to your use of the Application or Content. Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your device’s or the Application’s settings or by deleting the Application. We may collect information related to your use of Push Messages. If you have registered for Push Messages, you agree to notify Mobility Route of any changes to your mobile number, as applicable, and update your account on the Application to reflect this change.
The Application may allow you to access and interoperate with third party properties, software applications, and data services (collectively, “Third Party Properties”). Mobility Route does not control any Third Party Properties to which you may connect using the Application and is not responsible for the practices of any third party. You acknowledge and agree that Mobility Route is not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on or available from Third Party Properties. You acknowledge that the Application may check for updates to the Application that may be available to you.
6. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MOBILITY ROUTE AND THE DISTRIBUTION CHANNELS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, OF ACCURACY, OF QUIET ENJOYMENT, OF AVAILABILITY AND AS TO SUBJECT MATTER OF CONTENT. MOBILITY ROUTE DOES NOT WARRANT: (1) THAT THE APPLICATION’S FUNCTIONS OR ANY SERVICES OR CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE APPLICATION OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE APPLICATION OR SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION WILL CONTINUE TO BE AVAILABLE. MOBILITY ROUTE SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES.
YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE APPLICATION OR ANY OF THE SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION.
The Distribution Channel will not be responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. If you have any questions on those issues, you should contact us at the address below. The Distribution Channel will also not be responsible for investigation, defense, settlement and discharge of any third party intellectual property infringement claim.
7. LIMITATION OF LIABILITY/RELEASE OF CLAIMS
MOBILITY ROUTE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN ITS PERFORMANCE DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
MOBILITY ROUTE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY OR DEATH IN CONNECTION WITH THE APPLICATION (INCLUDING THE SERVICES AND CONTENT AVAILABLE THROUGH THE APPLICATION) OR THIS AGREEMENT, EVEN IF FORESEEABLE OR EVEN IF MOBILITY ROUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, OF ANY NON-EMERGENCY MEDICAL TRANSPORTATION NEMT PROVIDER COMPANIES, THEIR EMPLOYEES OR INDEPENDENT CONTRACTOR PICKING YOU UP AND TRANSPORTING YOU TO A NON-EMERGENCY HEALTHCARE FACILITY OR PROVIDER AND MOBILITY ROUTE WILL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES YOU SUFFER BECAUSE OF NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE OF ANY THIRD PARTY THAT YOU COME IN CONTACT WITH WHILE BEING TRANSPORTED BY A NON-EMERGENCY MEDICAL TRANSPORTATION NEMT PROVIDER COMPANY THAT USES THE APPLICATION OR SERVICES). MOBILITY ROUTE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY COMMERCIAL DAMAGES, BODILY INJURY DAMAGES, PHYSICAL HARM, EMOTIONAL DISTRESS, DEATH OR LOSSES OF ANY KIND. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF MOBILITY ROUTE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED, CONTROLLED, OR DISTRIBUTED BY MOBILITY ROUTE, INCLUDING WITHOUT LIMITATION THE APPLICATION.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
8. INDEMNITY
You will indemnify, defend, and hold Mobility Route and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the “Mobility Route Indemnified Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any of the Mobility Route Indemnified Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to Mobility Route’s or its vendors’ servers; your violation of this Agreement; or your violation of the rights of any other person or entity. Mobility Route reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Mobility Route, and you will cooperate with Mobility Route’s defense of these claims.
9. TERMINATION.
This Agreement is effective until terminated. You may terminate this Agreement at any time by: (i) irretrievably erasing, deleting, or destroying all copies of the Application in your possession or control; and (ii) ceasing to use the Services and Content available through the Application. Mobility Route may terminate this Agreement at any time for any reason or no reason. However, if you paid Mobility Route or its authorized Distribution Channel to acquire the Application, and we terminate this Agreement within one year after you made your payment for reasons other than your breach of this Agreement or the Mobility Route Terms, we will refund a prorated portion of the purchase price corresponding to the portion of such one year period for which our action caused you not to be able to use the Application. Upon termination for any reason, the license granted in Section 4 will immediately terminate. The provisions in Sections 1, 2, 3, 5, 6, 7, 8, 12, 13, and 14 will survive any termination. (arbitration, governing law and misc. Included in this)
10. EXPORT CONTROLS.
You may not use or otherwise export or re-export the Application or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the Services was accessed or obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that it is not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by applicable law.
11. CONSENT TO USE OF DATA.
You agree that Mobility Route may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. You also grant a revocable license and consent to Mobility Route’s use of data or information that you provide or that we may collect about you through the Application, in compliance with the Privacy Policy. Mobility Route may use this information to improve its products or to provide services or technologies to you, as long as the information about you is not protected by the HIPAA law and is in a form that does not personally identify you.
12. APPLICABLE LAW
By using the Application you agree that the laws of the State of Delaware without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between You and Mobility Route.
13. DISPUTES
YOU AND MOBILITY ROUTE AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY DELAWARE LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN WILMINGTON, DELAWARE.
If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules.
14. MISCELLANEOUS.
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided, however, that this Agreement will coexist with the Mobility Route Terms and any Additional Terms. To the extent that the provisions of this Agreement conflict with the Mobility Route Terms, this Agreement will govern. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email, if you have provided it to us. If you do not provide us with accurate information or we do not have access to your email address, we will not be responsible for failure to notify you. If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated. Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision. Except as otherwise required by law, the controlling language of this Agreement is English. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and we acknowledge and agree that the Distribution Channel and its subsidiaries are intended third party beneficiaries of this Agreement and will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
15. CONTACT INFORMATION
You may contact Mobility Route at: legal@mobilityroute.com
You hereby acknowledge that you have read and understood this Agreement and agree that by clicking “Accept” or by installing, copying, or using the Application you are acknowledging your agreement to be bound by this Agreement.