Terms of service
Introduction
Thank you for your interest in the Easy Miles application for mobile devices. This “Agreement” includes these Terms of Service, Privacy Policy and such other terms and conditions that may from time to time be imposed upon your access to the Platform. Your continued access of the Platform and use of the services provided through the Platform shall constitute your ongoing consent and agreement to any revisions and additions makes to this Agreement from time to time. This Agreement is a legally binding contract between you and G Wings LLC governing access to the Platform and use of the services provided through the Platform.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of G Wings LLC or its content suppliers and protected by U.S. and international copyright laws. All software used on this platform is the property of G Wings LLC or its partners and protected by U.S. and international copyright laws. The content and software on this site may be used as an information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
Use of the Platform.
Your rights to use the Platform are expressly conditioned on the following:
- Proprietary Information. You agree and understand that the Platform, including any Content therein, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you shall not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials.
- Derivative and Other Works. Unless expressly permitted, you shall not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Platform, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Platform without prior written authorization.
- Extraction of Data. You shall not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data.
- Fraudulent Activity. You shall not perform any fraudulent activity, including impersonating any person or entity, or accessing any other Platform account without permission.
- Reverse Engineering. You shall not decipher, reverse engineer, decompile or disassemble the Platform or the Content, or the software used to provide the Platform or the Content, in whole or in part, or authorize, direct, or cause a third party to do so.
- Framing. You shall not use, display, mirror, frame or utilize framing techniques to enclose the Platform or any content, or any portion thereof, unless and solely to the extent Easy Miles makes available the means for embedding any part of the Platform or any content.
- Framing. You shall not use, display, mirror, frame or utilize framing techniques to enclose the Platform or any content, or any portion thereof, unless and solely to the extent Easy Miles makes available the means for embedding any part of the Platform or any content.
- Harassing Conduct. You shall not use the Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Easy Miles is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Platform.
- Driving. You shall (i) not use the Platform while driving and (ii) only use the Platform after you have stopped your vehicle in an appropriate location permitted by law or have a passenger other than the driver use the Platform, provided it does not interfere with the due course of driving and does not distract the driver.
- Third Party Fees. You acknowledge and agree that your use of the Application may incur third party fees, such as fees charged by your Mobile Carrier for data usage, and may be subject to third party terms, such as your Mobile Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms.
- Violation. You shall not do any of the acts described in this section, or to assist or permit any person in engaging in any of the acts described in this section. Any violation of this section may result in termination of your account, and G Wings may seek other relief in law or in equity for such violation.
Subscription Plans for Your Application
You may choose between different subscription plans for your application as set out on the site. You must comply with the subscription plan details valid at the time of your subscription, unless otherwise expressly notified, as well as with the rest of these Terms. Difference (pro rata) in fees for upgrades will be charged accordingly.
Eligibility
You must be at least eighteen (18) years of age to access the Platform and use the services provided through the Platform. By agreeing to this Agreement, you represent and warrant to G Wings LLC:
(I) that you are at least eighteen (18) years of age;
(II) that you have not previously been suspended or prohibited from accessing the Platform;
(III) that your registration and your use of the Platform and the services provided through the Platform is in compliance with any and all applicable laws and regulations.
If you are accessing the Platform or using the services provided through the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this Agreement and you agree on behalf of such organization that it shall be bound by this Agreement.
Location Based Services
Some of the features of the Platform enable Easy Miles to tailor your experience based on your location (“Location-based Services”) including, but not limited to, offers, event updates, advertisements, and other announcements available to you based on your location.
In order to use certain Location-based Services, you must allow Easy Miles access to your localized position (“Location Data”) through your device, which Easy Miles may accomplish through a variety of means, including GPS location, or other available mechanisms. Without limiting the foregoing, even if you have not expressly granted access to your Location Data, Application may nonetheless have access to location information contained in media content metadata, to the extent you have enabled the application originating such media content to capture and store Location Data. If you choose to disable Location-based Services on your device or to the Application, you will not be able to utilize certain features of the Platform.
By authorizing the access your Location Data or media files containing location based metadata, you agree and acknowledge that
- Location Data we collect from you is directly relevant to your use of the Platform;
- Easy Miles may, for so long as you allow the access to Location Data or metadata, provide Location-based Services related to your then-current location; and
- Easy Miles may collect, use, store, and/or aggregate your Location Data. PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, WHETHER COLLECTED ORIGINALLY BY THE APPLICATION OR A THIRD PARTY APPLICATION ORIGINATING A PIECE OF MEDIA CONTENT, AND EASY MILES DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION DATA AND LOCATION-BASED SERVICES.
Easy Miles may use third party services as part of its Location-based-Services, including but not limited to Google maps. By using our Application you agree to be bound to the terms of such Location-based-Services
Limitations of Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER G WINGS LLC NOR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND/OR AGENTS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM:
- ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY INFORMATION ON THE EASY MILES PLATFORM;
- ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICES;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF THE SERVICES;
- EVENTS BEYOND TRUCKER PATH’S REASONABLE CONTROL, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL G WINGS AND THE PLATFORM HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SIMILAR DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES HEREUNDER OR ANY OF THE SERVICES.
FURTHERMORE, G WINGS LLC SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR REVENUE INCLUDING, BUT NOT LIMITED TO, ANY LOSSES INCURRED AS THE RESULT OF THE LOSS OF USE OF ANY OF THE SERVICES, LOSS OF ANY DATA FROM ANY CAUSE, BUSINESS INTERRUPTION OR OTHER SIMILAR LOSSES.
Scope of License
The Application is licensed, Easy Miles reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of this Agreement, Easy Miles hereby grants you a personal, limited, revocable, non-transferable license to use the Application on any compatible device that you own or control, solely for your own use. You shall not (I) rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works from the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or third party terms or attempt to disable or circumvent any security or other technological measure designed to protect the Application or any content available through the Application. If you breach these license restrictions, or otherwise exceed the scope of any license granted by this Agreement, you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this Agreement will govern any updates provided to you by G Wings LLC that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which event the terms of that license shall govern.
No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE EASY MILES PLATFORM, INCLUDING YOUR RELIANCE ON ANY ANNOUNCEMENT THAT IS TRANSMITTED OR RECEIVED ON OR THROUGH THE PLATFORM, IS AT YOUR SOLE RISK.
WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, INCLUDING ALL SERVICES, MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, ARE PROVIDED "AS IS" AND “AS AVAILABLE”, AND G WINGS LLC HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. G WINGS LLC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PLATFORM, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE PLATFORM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. G WINGS LLC EXPRESSLY DISCLAIMS ANY WARRANTIES RELATING TO THE ACCURACY OF MAPS, CONTENT, ROAD CONDITIONS, DRIVING DIRECTIONS, OR NAVIGATION ROUTES PRESENTED OR DISPLAYED IN OR BY THE PLATFORM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
Ownership
The Platform, and all content, media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of G Wings LLC and its licensors, provided that your User Content, and your intellectual property rights therein, remain your property. Except for the limited license expressly granted by and to you under this Agreement, no other rights, licenses, or immunities are granted or shall be deemed to be granted under this Agreement, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by in this Agreement are expressly reserved.
Governing Law
The laws of the State of Florida shall govern this Agreement and your use of the Platform. To the extent that any action relating to this Agreement is permitted to be brought in a court of law, such action shall be subject to the exclusive jurisdiction of the state and federal courts located in Fort Lauderdale, Florida and you hereby irrevocably submit to personal jurisdiction in such courts.
Termination
This Agreement shall remain effective until terminated by you or Easy Miles. Your rights under this Agreement and the revocable license granted herein will terminate automatically without notice from Easy Miles if you fail to comply with any term(s) of this Agreement (including your violation of any license restriction provided herein). G Wings LLC also reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform) without notice to you. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate this Agreement at any time by uninstalling the Application and ceasing use of the Platform. Upon any termination of the Agreement, you must immediately cease all access to the Platform and the use of any services provided through the Platform, and destroy all copies, full or partial, of the Application.
Modification of this Agreement
G Wings LLC reserves the right, in its sole discretion, to modify this Agreement on a going-forward basis at any time, with or without prior notice, and such changes will be effective as provided herein. In the case of material changes to this Agreement, G Wings LLC will make reasonable efforts to notify you of the change, by sending an email to any address you may have used to register for an account, through a pop-up window on the Platform, or other similar mechanism. Any modification to the Agreement will be effective upon the earlier of
- your first use of the Platform with actual notice of such change, or
- 30 days from posting of such change on the Platform.
Your use of the Platform following the date that any such change becomes effective constitutes your agreement to be bound by the modified Agreement. If you do not agree to the modified Agreement, your sole and exclusive remedy is to terminate your account and cease use the Platform. Disputes arising under this Agreement will be resolved in accordance with the version of the Agreement that was in effect at the time the dispute arose.