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TERMS AND CONDITIONS

Last Updated: February 2, 2022

These Terms and Conditions are entered into by and between Castlewell Creations, LLC. “Company” “Castlewell Creations”, and its Users and visitors on our http://www.exigotracking.com website (“Site”) and Exigo Tracking application (“App”) and collectively (“services”). These terms along together with the Privacy Policy, govern those persons’ access to our Application and websites.

By accessing or using the Services, you agree to comply with and be bound by the Terms and Conditions set forth in this agreement (the "Terms"), whether or not you become a registered user of the Service. Failure to use the Service in accordance with these Terms and Privacy Policy may subject you to civil and criminal penalties.

IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE. ELECTRONIC CHARTS, BASED ON OFFICIAL DATA AS WELL AS ON OTHER SOURCES, PROVIDE ASSISTANCE FOR NAVIGATION AND ARE DESIGNED TO FACILITATE THE USE OF OFFICIAL CHARTS AND NOT TO REPLACE THEM. YOU ARE RESPONSIBLE FOR YOUR LOCATION.

 

Company Services

Castlewell Creations, LLC provides navigation and ETA tracking and allows Users to visualize their location with GPS data provided by Company.

Your Personal Data Rights

How we use your data and your data privacy rights are covered under our Privacy Policy (Insert Web address) and are hereby integrated into these Terms and Conditions. If you have questions concerning your data rights and our obligations under the federal law please consult our Privacy Policy. Our Privacy Policy covers a variety information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected.

 

GENERAL

Account

In order to access certain features of the Service, and to post any content on the Service, you will have to create a Castlewell Creations, LLC. account and become a member. The Service is not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to subscribe to Castlewell Creations, LLC. or provide your personal information to the Service.

Accounts may only be set up by an authorized representative of the individual that is the subject of the account. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account.

You will immediately notify us here of any unauthorized use of your account, password, or username, or any other breach of security. You will not sell, transfer, or assign your account or any account rights.

 

Subscription

Castlewell Creations, LLC. may charge Users fees to access certain features and functionalities of the Services set to subscription structure. You can become a member by subscribing to the Service on a monthly or annual basis, or such other periods that we may offer from time to time. The applicable fees are set out on our website. We reserve the right to revise and update the applicable fees for Subscriptions (including the fees set out on the relevant app stores where you subscribe to the Service), and the different Subscription packages available, at any time.  Any such revision or updates to the fees will apply prospectively to any Subscription entered into following the effective date of the fee revision or update. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month or annually (as applicable) at the then-current rate for your plan, plus applicable taxes.

 

Automatic Renewal of Subscription

Your Subscription will automatically renew unless you cancel at least 24 hours prior to the end of the current billing period. After cancellation, you will still be entitled to access the Subscription services for the remainder of the duration that you have paid for.

 

Cancellation

If you cancel a paid plan, the cancellation will become effective at the end of the monthly billing cycle. We do not offer refunds.

 

Deletion

You may delete your account at any time. Accounts on paid plans will remain active until the end of the term unless you explicitly ask us to delete it when you cancel your paid plan.

 

USERS

In using the Services, you must behave in a civil and respectful manner at all times.  Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.

By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:

• Content that may violate any applicable Federal, State, Local, or International law or regulation;

• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

• User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

• User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Services, or that may expose Castlewell Creations or others to any harm or liability of any type.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. We do not and cannot authenticate reviews. We do not edit or correct content.

The User also undertakes to use the Platform solely in accordance with this Agreement and solely for purposes of using the Services. The User undertakes not to:

• Transfer or resell the Services, the Premium Services or his or her right to use the Platform to others;

• Tamper with or operate on the Platform hardware without Company’ intervention and authorization;

• Use the Platform to create or incorporate other datasets correlated to the maps to be used for a service which is similar or identical to the Service or Premium Services;

• Spread viruses, malware or any other technology designed to harm the Platform, the Site, the User’s devices, to breach Company’ rights or the rights of other Users or in any way to hinder or disturb use of the Services or the Premium Services by other Users;

• Circumvent instruments prepared by Company to ensure the security of the Platform and prevent intrusions or access by unsolicited automated users (by way of example, robots, spam, spiders);

• Copy, download, duplicate, distribute, disseminate or in any way use – including partially – images, distinctive marks, text and content belonging to Company or in any way found on the Platform;

• Export any information outside the Platform, aside from those cases expressly governed by this Agreement.  

Should Company have reason to believe, at its own final discretion, that the User has engaged in actions which may give rise to technical problems or legal liability or which run counter to the provisions of the Agreement, Company may, by way of example, limit, suspend or interrupt usability of the Services, and the Account, prohibiting access to the app and Company may adopt technical (including the removal of unlawful content) and legal measures in order to prevent the User from using the Services and the Premium Services.

 

Content Rights and Licenses

The Sites, and all Content other than User Content available on the Sites or used to create and operate the Sites, is and remains the property of Castlewell Creations, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Sites are accessed, and all rights to the Sites, such Content, and such software are expressly reserved.

All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Sites are the property of their respective owners.

You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Castlewell Creations.

 

Limited License for Services

User Content is and remains that User’s property, and Castlewell Creations’s only right to that User Content is the limited licenses to it granted in these Terms and Conditions.

Castlewell Creations grants you a limited, non-exclusive license to access and use the Services for your own personal and commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Castlewell Creations in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services. Nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by Castlewell Creations are reserved.

Castlewell Creations may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.

 

Intellectual Property

Users may not engage in any activity on or through the Sites, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.

We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and trademark law, and we retain the right to remove Content from the application or website that Castlewell Creations believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.

 

Export Control

You acknowledge that the export, import and use of these websites are regulated by the U.S. and other governments and will comply with all applicable export control laws, rules and regulations, including the Export Administration Act and the regulations promulgated thereunder by the Department of Commerce and Department of Treasury.  Additionally, you hereby represent and warrant that: (i) you are not subject to any government order suspending, revoking or denying export or import privileges necessary for the performance of your obligations hereunder; (ii) you are not now based in, do not maintain an office in are not incorporated in or a citizen of and do not intend to travel to Cuba, Crimea, Iran, North Korea, Sudan, Syria or other locations subject to sanctions by the U.S. or other governments; (iii) you will not re-export or divert any content to a country, individual or activity in contravention of applicable laws, rules or regulations; and (iv) you will not use any content in the development, production, handling, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or their missile delivery systems or in connection with any materials or equipment that could be used in such weapons or their missile delivery systems or to resell or export them to any entity involved in such activity.

 

DISPUTE PROCESS

THESE CLAUSES CONTAIN MANY OF YOUR RIGHTS IN CASE OF A DISPUTE, PLEASE REVIEW THESE RIGHTS CAREFULLY.

 

Assumption of Risk

You are solely responsible for ensuring that your use of the Sites complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Sites.

 

Process

For Complaints between Company:

1) CONTACT US - You agree to contact us with your complaint prior to filing for any arbitration.

2) FILE COMPLAINT - You and Castlewell Creations, LLC. agree that any dispute must be commenced or filed by you or Castlewell Creations, LLC. within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Castlewell Creations, LLC. will no longer have the right to assert such claim regarding the dispute).

3) ARBITRATION - You and Castlewell Creations, LLC. agree that (a) any arbitration will occur in the State of California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

 

California Civil Code Section 1789.3 Compliance

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Castlewell Creations, LLC. must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to info@exigotracking.com.

California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

 

Communications

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.

 

Third-Party Integration

In providing the Service, Castlewell Creations, LLC. makes available various third party tools to process payments (i.e. Apple, Google). Castlewell Creations, LLC. is not responsible for and cannot be held liable for the performance of any third party services, the security of their service, or their collection or use of any of your information.

 

Disclaimer of Warranties

You understand and agree that your use of the Websites, applications and/or the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).

To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, and fitness for a particular purpose.

The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Websites and/or the Services.

You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Apps, the Websites and/or the Services is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law.

We make no warranty whatsoever with respect to the services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, Course of dealing, Course of performance, usage of trade or otherwise.

 

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WHATSOEVER SHALL EITHER CASTLEWELL CREATIONS, LLC. OR ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, LICENSORS OR REPRESENTATIVES, NOR CUSTOMER OR ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, LICENSORS OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, DATA, PROFIT, REVENUE, GOODWILL, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR UNAUTHORIZED ACCESS TO INFORMATION AND THE LIKE, EVEN IF EITHER PARTY OR AN AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES BE LIABLE TO THE OTHER PARTY FOR AN AMOUNT IN EXCESS OF THE TOTAL MONETARY AMOUNT ACTUALLY RECEIVED BY CASTLEWELL CREATIONS, LLC. FROM CUSTOMER FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIM.

 

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Castlewell Creations, LLC. Parties”), from and against all actual or alleged Castlewell Creations, LLC. Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to

a) Any use or misuse of the Sites, App, or Services by you or any third party delivery service you authorize to access or use such Services,

b) Any User Content you create, through the Sites, App, or our social feeds on third party social media platforms,

c) Your violation of these terms, and your violation of the rights of another.

You agree to promptly notify Castlewell Creations, LLC. of any third party Claims, cooperate with Castlewell Creations, LLC. Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance).

You further agree that Castlewell Creations, LLC. Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company.

 

Entire Agreement

These Terms of Service incorporate by reference any notices contained on the Sites, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of the Sites, Services, and Content.

 

Force Majeure

A “Force Majeure Event” means an event beyond the control of a Party, which by its nature could not have been foreseen by such Party, or, if it could have been foreseen, was unavoidable and includes, without limitation, acts of God, storms, floods, riots, fires, cloud service provider performance failures and/or power outages, power outages, sabotage, civil commotion or civil unrest, interference by civil or military authorities, and acts of war (declared or undeclared). Continued performance of a Service may be suspended immediately to the extent caused by Force Majeure.

The Party claiming suspension of a Service due to Force Majeure will give prompt notice to the other of the occurrence of the event giving rise to the suspension and of its nature and anticipated duration. The Parties shall cooperate with each other to find alternative means and methods for the provision of the suspended Service. Without limiting the generality of the foregoing, neither Party shall be under any liability for failure to fulfill any obligation under these Terms, so long as and to the extent to which the fulfillment of such obligation is prevented, frustrated, hindered or delayed as a consequence of circumstances of Force Majeure.

 

Severability

If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

 

No Waiver

No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

 

No Class Actions

You and Castlewell Creations, LLC. agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.

Governing Law and Venue – California

Any Dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California.

 

Investigations; Cooperation with Law Enforcement

Castlewell Creations, LLC. reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) investigate any information obtained by Castlewell Creations, LLC. in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.

 

Electronic Notices

YOU AGREE TO THIS LICENSE ELECTRONICALLY. YOU AUTHORIZE US TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE SERVICE (“NOTICES”) IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE.

The delivery of any Notice is effective when sent or posted by Castlewell Creations, LLC. regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Service.

 

How to Contact Us

Castlewell Creations, LLC.

info@exigotracking.com