Effective as of September 30, 2015
b. Using Odometer refers to accessing, clicking, browsing, or performing any activities that connect to or make use of Odometer.
c. “Content” refers to data or media in any form. This includes, but isn’t limited to text, photos, illustrations, audio, and video.
d. The words “you” and “your” refer to you, the user who upon reading this agreement accepts the terms.
e. The words “we” and “us” refer to Odometer.
f. “User Content” refers to any and all content submitted to Odometer by users, as a collective group.
g. “Your Content” refers to any and all content that you, personally, submit or make available. This includes, but isn’t limited to reviews, ratings, information, and invitations displayed on your profile.
h. “Odometer Content” refers to any and all content created or made available by Odometer.
i. “Third Party Content” refers to any and all content created or made available by data providers who license data usage to Odometer, other parties, or its users.
3. Restrictions. By reading this you agree to abstain from participation or encouragement of any and all of the following activities:
b. Use Odometer to stalk, defraud, harass, or otherwise harm any other person or their reputation.
c. Use Odometer for discriminatory or biased purposes.
d. Create excessive and unwarranted network traffic.
e. Use any software or device to manipulate the Site to operate in a way that is unlike the way it was intended to operate.
f. Use Odometer to affect regular search results in any way, for example, keyword spamming.
g. Use Odometer to solicit minors for information or cause harm to minors.
h. Use the Site to crack encryption codes or passwords, interfere with security, or for any purposes that cause harm to the Site or Content.
i. Use Odometer or Content found within as a means of spreading damaging items. This includes, but is not limited to viruses, worms, or Trojan horses.
j. Use Odometer to submit or present illegal or pornographic content.
k. Use Odometer in any way that might create a conflict of interest or the appearance of a conflict of interest. This includes, but is not limited to soliciting reviews or trading reviews with other businesses.
m. Unlawfully reverse engineer any part of Odometer.
n. Remove, disable, damage, or interfere in any way with any of Odometer’s security structures that limit Site use or inhibit unlicensed copying of any content.
o. Attempt to achieve unauthorized access to any part of the Site, including computer systems, user accounts, or connected networks by means of password mining, hacking, or any other illegal and/or unethical methods.
p. Mine Site data, process, or record any data about Odometer or its users.
q. Abuse the Site or Site content (other than Your Content) through modification, translation, sale, reproduction, or distribution of Site Content or the Site itself.
r. Omit or manipulate any part of Odometer’s intellectual property, including copyrights, trademarks, or other exclusive rights’ notices on anything copied, printed, or distributed from the Site.
s. Access, index, or scrape the Site or content using any automatic or somewhat automatic method as a means to (a) reformat any part of Odometer, (b) develop or occupy a database of business-focused evaluations, or (c) take any action that will impose or have the potential to impose an excessive burden on our systems.
t. Use Odometer in any way that infringes upon the rights of users or third parties. This includes any and all rights, both proprietary and intellectual. This includes but it not limited to moral, patent, copyright, privacy, trademark, trade secret, and publicity.
4. User Accounts. For access to some of Odometer’s features, you may be prompted to create an account or log in using a Facebook account or other user-generated account. If you do not have a personal Facebook account you will need to create one in order to access the features. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify Odometer in the event your registration information changes; (b) immediately notify Odometer in the event you learn of or have reason to suspect any unauthorized use of your account or other breach of security; (c) exit from your account at the end of each session; and (d) defend, indemnify, and hold harmless Odometer from any loss or damage arising from unauthorized use of your username or password. You also agree that you will provide truthful and accurate information during the registration process. Odometer may refuse to grant a particular username to you for any reason, including, without limitation, in the event Odometer determines that such username impersonates someone else, is protected by trademark or other proprietary rights law, or is vulgar or otherwise offensive.
By registering for an account, you consent to the collection of your data, including, without limitation, your registration information, by Odometer and processing of such data by Odometer in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, your registration information, and you acknowledge that such process may involve: (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices. Odometer does not take responsibility for any activity linked to your personal account.
a. “Personal Accounts” refer to social media accounts that are used for your own individual, non-commercial purposes. By reading this, you agree to provide truthful and comprehensive information about yourself when producing your personal account. You may not create multiple personal accounts or impersonate another individual in any way.
b. “Business Accounts” refer to accounts used solely to represent a business. To create a business account, you must be an authorized representative of the business, and you must register using a Facebook account. By reading this, you agree to submit truthful and comprehensive information about yourself and the business when producing your business account. You may not create more than one business account for the same organization or register business e-mail addresses without authorization.
5. Content and Responsibility. Your Content is exclusively your responsibility. You assume any and all risks associated with Your Content. This includes, but is not limited to reliance on accuracy, entirety, or usefulness and disclosures that reveal your identity. Upon posting content on Odometer, you signify personal ownership and/or authorization to use the posted content. Odometer accepts no liability for Your Content. You may not infer in any way that Your Content is endorsed or supported by Odometer. You may be found liable if (a) Your Content violates any third-party rights, both proprietary and intellectual. This includes, but is not limited to copyright, privacy right, publicity, trade secret, patent, trademark, or moral right; or (b) Your Content contains information that is fraudulent or intentionally misleading, information that harms minors, information containing pornography or hate speech, unlawful information, or information that violates or encourages others to violate laws or regulations.
6. Content Permissions. Your Content may be displayed on Odometer, assimilated into other works, used in promoting, distributed, or used for any other lawful purpose. By posting your content or making it available, you grant irrevocable permission to use your content for any purpose. You also consent to waive any moral rights, credit claims, and declarations for Your Content.
8. Third Parties.
b. You may see links to other websites (“third party sites”).
Responsibility for third party content lies with third party Sites and not with Odometer. Third party Sites are not endorsed or coordinated by Odometer.
9. Site Availability. We reserve the right to update, modify, or discontinue Odometer at any time, for any reason, at our discretion, without notice or liability.
10. Ownership. Odometer content elements include interactive features, computer code, products, visual interfaces, software, cumulative user reviews and ratings, and all other elements of Odometer’s user and third-party content. You acknowledge that the Site may contain or provide access to Content or other information, software, photos, video, text, graphics, music, sounds, or other material provided by Odometer or third parties that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. Modifying, distributing, reproducing, exhibiting, or exploiting any of the Odometer Content, is prohibited unless explicitly authorized by the Site. No express or implied rights are provided to users, other than those provided by these Terms of Service. We retain all rights to Odometer and all Odometer Content. All intellectual and proprietary rights that are associated with Odometer in any way, including all copyrights, trademarks, service marks, trade names, are protected by trademark, patent, and trade dress laws, and all applicable intellectual and proprietary rights and laws.
12. Unauthorized Access. We strictly and explicitly prohibit unauthorized access to Odometer. We reserve the right to use any and all means necessary to inhibit unauthorized access. This includes, but is not limited to mapping IP addresses, contacting your Internet Service Provider (ISP), and using program obstructions.
a. Suggestions for Site Enhancement: If you think of ways to potentially improve Odometer, please use our “Contact Us” form. By sending us feedback in any form (for example, suggestions, ideas, requests, or proposals), you verify that (a) Odometer is under no express or implied obligation to keep the feedback confidential, (b) similar feedback may already be in development or under deliberation, (c) your feedback does not contain confidential or proprietary information involving third parties, and (d) you grant Odometer a royalty-free, irrevocable, non-exclusive license to use, modify, publish, distribute, and sublicense the feedback and all advancements resulting from it.
b. Dissatisfaction: To help us persistently improve your user experience, we invite you to share negative feedback with us using our “Contact Us” page. However, keep in mind that termination of your account or discontinuing use of Odometer is the only way to fully remedy your dissatisfaction.
17. Warranties, Disclaimers, and Limitations of Liability.
a. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE AND ANY ODOMETER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. ALTHOUGH ODOMETER USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE IS AS ACCURATE AS POSSIBLE, ODOMETER GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR ODOMETER CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREIN. FURTHER, ODOMETER DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY ODOMETER CONTENT THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR ODOMETER CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE OR ODOMETER CONTENT WILL MEET YOUR EXPECTATIONS. ODOMETER EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE OR ODOMETER CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.
b. ODOMETER MAKES NO WARRANTY WHATSOEVER TO YOU, EXPRESS OR IMPLIED, REGARDING THE SECURITY OF THE SITE, INCLUDING WITH RESPECT TO THE ABILITY OF UNAUTHORIZED PERSONS TO INTERCEPT OR ACCESS INFORMATION TRANSMITTED BY YOU THROUGH THIS SITE. ODOMETER IS NOT NOR WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION FOUND IN ANY REPORT OR AVAILABLE THROUGH THE SITE.
c. ANY ODOMETER CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH ODOMETER CONTENT OR MATERIAL.
d. NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, ARE MADE BY ODOMETER AS TO (1) SITE OPERATION OR FUNCTIONALITY, (2) THE IP RIGHTS, SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY AND ACCURACY OF ANY SITE CONTENT, WHICH INCLUDES, BUT IS NOT LIMITED TO THE ACCURACY OF BUSINESS INFORMATION AND REVIEWS LISTED ON THE SITE, AND (3) ANY SERVICES AND/OR PRODUCTS SOLD BY LISTED BUSINESSES.
e. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ODOMETER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ODOMETER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM THE INABILITY TO ACCESS OR UTILIZE ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. IN NO EVENT SHALL ODOMETER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. Release. You agree to release Odometer, its members, managers, officers, employees, and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using them.
This Site is operated by Odometer. All inquiries may be directed to:
Gateway Blend, LLC
190 Carondelet Plaza, Suite 1200
St. Louis, MO 63105
21. Copyright and Copyright Notices. Odometer respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Odometer’s Copyright Agent with the following information:
a. an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Site sufficient to allow us to locate the allegedly infringing material;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact Odometer’s Copyright Agent for Notice of Claims of Copyright Infringement at [email protected]. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.