By using ASAP Driver Memory APP Software products (hereinafter ASAP Software), services or web sites (collectively, the “Services”), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Policies and Agreements (collectively, the “Terms”). We may update the Terms in the future, and you will be able to find the most current version of this agreement at Terms & Conditions.

Use of Services

ASAP Software, its subsidiaries and affiliated companies offer the Services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the Services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify ASAP Software of any unauthorized use of your password or account or any other breach of security. ASAP Software cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure. Your use of the Services constitutes acceptance of these Terms. If you do not agree to the Terms, do not use the Services.

Appropriate Conduct and Acceptable Use

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. ASAP Software reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via the Services. You understand that by using the Services you may be exposed to Content that is offensive, indecent or objectionable, and that you use the Services at your own risk. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree not to, and not to allow third parties to use the Services:

  • to generate or facilitate unsolicited bulk commercial email;
  • to violate, or encourage the violation of, the legal rights of others;
  • for any unlawful, invasive, infringing, defamatory, or fraudulent purpose;
  • to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
  • to interfere with the use of the Services, or the equipment used to provide the Services, by customers, authorized resellers, or other authorized users;
  • to alter, disable, interfere with or circumvent any aspect of the Services;
  • to test or reverse-engineer the Services in order to find limitations, vulnerabilities or evade filtering capabilities;
  • to use the Services, or a component of the Services, in a manner not authorized by ASAP Software

If ASAP Software believes that unauthorized or improper use is being made of the Services, it may, without notice and in its sole discretion, take such action as it deems appropriate, including blocking messages from a particular Internet domain, mail server or IP address. Your failure to comply with the Terms may result in suspension or termination, or both, of the Services. To report any activity or Content that may violate the Terms, please Contact Us.

In addition to this agreement, your use of some specific ASAP Software services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.

You agree to comply with your company’s data usage and privacy policies.

Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.

Privacy Policy

For information about our data protection practices, please see our Privacy Policy. By using the Services, you acknowledge and agree that ASAP Software may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

satisfy any applicable law, regulation, legal process or enforceable governmental request,

  • enforce the Terms, including investigation of potential violations hereof,
  • detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or
  • protect against imminent harm to the rights, property or safety of ASAP Software, its users or the public as required or permitted by law.
  • You understand that the technical processing and transmission of the Services, including your Content, may involve:
  • transmissions over various networks; and
  • changes to conform and adapt to technical requirements of connecting networks, devices or services.

You also understand and agree that ASAP Driver Memory APP Inc. may have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account.

Proprietary Rights

ASAP Software’s Rights

You acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ASAP Software or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content or the Services, in whole or in part except as specifically authorized in a separate written agreement.

Subject to the Terms, ASAP Software grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, unless such activity is expressly permitted or required by law or has been expressly authorized by ASAP Software in writing. You agree not to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by ASAP Software or its Affiliates for use in accessing the Services except as specifically authorized in a separate written agreement.

Except as expressly authorized by ASAP Software, you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter ASAP Software’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.

Your Rights

ASAP Software claims no ownership or control over any Content submitted, posted or displayed by you on or through the Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Services which may be intended to be available to the members of the public, you grant ASAP Software a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on the Services for the purpose of displaying, distributing and promoting the Services. ASAP Software reserves the right to syndicate Content submitted, posted or displayed by you on or through the Services and use that Content in connection with any service offered by ASAP Software. ASAP Software furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

Software, Services and Automatic Updates

Your use of any Software or Services provided by ASAP Software will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. ASAP Software Services may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop the Services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

Policies Regarding Copyrights and Trademarks

It is our policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law and to terminate the accounts of repeat infringers.

Any use of ASAP Software’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the Terms.

General Practices Regarding Use and Storage

You agree that ASAP Software has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by the Services. You acknowledge that ASAP Software may have set no fixed upper limit on the number of transmissions you may send or receive through the Services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

Upon the termination of your use of the Services, including upon receipt of a certificate or other legal document confirming your death, ASAP Software will close your account and you will no longer be able to retrieve content contained in that account.

Personal Non-Commercial Use

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.

Modifications to Service

ASAP Software reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that ASAP Software shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Termination

You may discontinue your use of the Services at any time. You agree that ASAP Software may at any time and for any reason, including a period of account inactivity, terminate your access to the Services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to the Services, your account or any files or other content contained in your account. Sections 10 (Termination), 13 (Indemnity), 14 (Disclaimer of Warranties), 15 (Limitations of Liability), 16 (Exclusions and Limitations) and 19 (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.

Advertisements

Some of the Services may be supported by advertising revenue and may display advertisements and promotions. Such advertisements may be targeted to the content of information stored on the Services or other information. The manner, mode and extent of advertising by ASAP Software on the Services are subject to change. As consideration for your use of the Services, you agree that ASAP Software may place such advertising and that ASAP Software shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on the Services or your subsequent dealings with advertisers.

Links

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. ASAP Software may have no control over such sites and resources and you acknowledge and agree that ASAP Software is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ASAP Software shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Indemnity

To the maximum extent permitted by law, you agree to defend, hold harmless and indemnify ASAP Software, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “ASAP Software and Partners”) from and against any third party claim arising from or in any way related to your use of the Services, violation of the Terms or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, ASAP Software will provide you with written notice of such claim, suit or action.

Disclaimers of Warranties

You expressly understand and agree that:

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, ASAP Software and Partners expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

ASAP Software and Partners do not warrant that:

  • the Services will meet your requirements,
  • the Services will be uninterrupted, timely, secure, or error-free,
  • the results that may be obtained from the use of the Services will be accurate or reliable,
  • the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and
  • any errors in the software will be corrected.
  • Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
  • No advice or information, whether oral or written, obtained by you from ASAP Software or through or from the Services shall create any warranty not expressly stated in the terms.

 

Limitation of Liability

You expressly understand and agree that ASAP Software and Partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ASAP Software or Partners have been advised of the possibility of such damages) resulting from:

  • the use or the inability to use the Services;
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services;
  • unauthorized access to or alteration of your transmissions or data;
  • statements or conduct of any third party on the Services; or
  • any other matter relating to the Services.

Insofar as the Software includes links to services or applications not operated or managed by ASAP Software, ASAP Software will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. ASAP Software will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.

YOU MUST NOT ATTEMPT TO USE THE APP, VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREOING PROVISION, ASAP SOFTWARE AND THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.

BREACH AND INDEMNITY

Without derogating from any applicable law, you agree to indemnify and hold harmless ASAP Software and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by ASAP Software, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.

Exclusions and Limitations

Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in sections 14 and 15 which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

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.

Notice

You agree that ASAP Software may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Services or other means.

General Information

Entire Agreement. The Terms (including any policies, guidelines, amendments or agreements that may be presented to your form time to time) constitute the entire agreement between you and ASAP Software and govern your use of the Services, superceding any prior agreements between you and ASAP Software for the use of the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ASAP Software services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms and the relationship between you and ASAP Software shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and ASAP Software agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Travis, Texas.

Waiver and Severability of Terms. The failure of ASAP Software 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 the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within two (2) years and one (1) day after such claim or cause of action arose or be forever barred.

The section headings in the Terms are for convenience only and have no legal or contractual effect.