By accessing or using TallyGo, you signify that you have read, understand and agree to be bound by these Terms, whether or not you are currently a registered User of TallyGo. TallyGo reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice; any such change, modification, addition or deletion will be effective when it is posted in the TallyGo application.
TallyGo grants you a non-transferable, non-exclusive license to view data displayed by the TallyGo application ("Materials") solely for internal, non-commercial use. You may not copy, reverse engineer, translate, distribute, modify or make derivative works of the Materials. You may not publish, market, or otherwise transfer the Materials or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall not use the Materials to operate a service bureau or for any other use involving the processing of data of other persons or entities. You do not receive any ownership rights in the Materials. The Materials may be copyrighted and may not be copied, even if modified or merged with other Materials. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Materials. The trademarks and service marks and any designs associated with any marks are trademarks and/or service marks of TallyGo or third parties under contract with TallyGo. ALL RIGHTS RESERVED. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of TallyGo, is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners.
TallyGo empowers drivers to navigate more quickly, efficiently and effectively to save time and reduce frustration by providing a market-leading route planning experience ("Navigation Services"). To provide Navigation Services, TallyGo must record your route information, including your source and destination locations, the starting and estimated ending time of your trip, the path you navigate to travel from source to destination, and other related information. As such, TallyGo must access and analyze your GPS location from the GPS hardware associated with your device. Users of the TallyGo application or web site expressly consent that TallyGo may access, record, compile, display and process this information from GPS hardware and/or otherwise obtain this information.
Additionally, Users agree to take actions to promote lawful and safe use of the TallyGo application and website, including:
YOUR USE OF THIS REAL-TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
TallyGo Users may have the ability to upload files to or share information with the application or other Users of the application. All Users must comply with copyright and similar laws and must not infringe on the rights of others. Note, however, that TallyGo does not monitor in any manner whether Users are complying with those laws or honoring those rights, and TallyGo is not responsible for protecting the copyright, license or other similar rights of any User.
Users agree not to use TallyGo to upload files or content that is copyrighted by parties other than the Users uploading the files or content. TallyGo reserves the right to suspend or otherwise terminate file or content exchanges it believes infringe on rights of others under copyright law or other applicable law.
Please see the section titled "Copyright Complaints" if you believe a file has been uploaded or downloaded illegally using the TallyGo application.
By sharing information with or uploading files to the TallyGo application, you grant TallyGo worldwide, royalty-free and for payment of no compensation of any kind, a non-exclusive perpetual license(s) to use and publicly display such content on TallyGo in connection with the TallyGo application, the operation of the TallyGo web site and in connection with TallyGo' operations. This license exists only for as long as you elect to continue to include such content on TallyGo and will terminate at the time you remove or TallyGo removes such content from the TallyGo application. TallyGo does not claim any rights to a User's files other than the right to display it in the TallyGo application and the rights set forth above.
If you believe that any material in the TallyGo application violates any copyright or similar right which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below.
Name and contact information of Agent Designated to Receive Notification of Claimed Infringement:
Attn: William Hunter
Fish & Richardson P.C.
12390 El Camino Real
San Diego, CA 92130 USA
E-Mail Address of Designated Agent: email@example.com
To meet the notice requirements under the Digital Millennium Copyright Act (DMCA), the notification must consist of a written communication that includes the following:
TallyGo believes that the TallyGo application should be a positive, empowering environment that encourages cordial behavior and activity among its Users.
TallyGo reserves the right without prior notice to affected Users to remove material (including, but not limited to photos, text, files, User submissions, User profiles, and User accounts) from the TallyGo application because it is harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous or otherwise deemed, in the sole discretion of TallyGo, to be objectionable or incompatible with these Terms and/or the goals of the TallyGo application.
Users agree not to use the TallyGo application to upload, post, email, transmit or otherwise make available any content that TallyGo, in its sole discretion, deems to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous, or otherwise objectionable; upload any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that Users do not have aright to make available under applicable law or any contractual or fiduciary relationships; impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial solicitation, except for the placement of TallyGo advertisements, if any, using the TallyGo Advertising System, the legitimate and lawful solicitation of collaborative partners, or the legitimate promotion of endorsed activities, events or other related content, as determined by TallyGo, in its sole discretion; send unsolicited email advertisements to TallyGo Users email addresses; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another User; or use or attempt to use another User's account, service or system without prior written authorization from TallyGo, or create a false identity on the TallyGo application.
TallyGo agrees to terminate a User's account upon receipt of termination notification from the User. A User can always terminate her account by deleting the application or emailing firstname.lastname@example.org with explicit instructions to terminate the account. TallyGo, in its sole discretion and without prior notice, reserves the right to add, remove, or make modifications to the features included in particular account memberships at any time, including the right to adjust storage and bandwidth limits and content area access associated with different classes of membership.
Users are responsible for maintaining the confidentiality of account and password information and agree to accept responsibility for all activities that occur under the User's account or password.
Users of the TallyGo application are solely responsible for their interactions with other TallyGo Users, whether on or off the TallyGo application. The TallyGo application may enable Users to apply terms ("User's Terms") to various interactions with Users, such as contests, games, groups, events and other interactions. Users of the TallyGo application are solely responsible for the User's Terms applied to them on the TallyGo application. TallyGo is not responsible for enforcing User's Terms or arbitrating, hearing or settling disputes over User's Terms that may arise between Users. TallyGo reserves the right, but has no obligation, to monitor disputes between Users of the TallyGo application.
All material on the TallyGo application and web site, including, but not limited to, design, text, graphics, other files, and their selection and arrangement, content related to Navigation Services, such as source and destination information and route information (the "Material") is the sole property of TallyGo or licensed by TallyGo under a valid licensing agreement between TallyGo and applicable third parties. All rights are reserved. No Material may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of TallyGo.
All trademarks, logos, trade dress and service marks on the TallyGo application and web site are either trademarks or registered trademarks of TallyGo and may not be copied, imitated, or used, in whole or in part, without the prior written consent of TallyGo.
TallyGo may host or sponsor contests and other campaigns on the TallyGo application and web site. TallyGo may host such contests and other campaigns with co-promoters and other partners ("Contest Parties"). All final decisions related to any aspect of a contest or campaign hosted or sponsored by TallyGo rests solely with TallyGo.
No liability or responsibility is assumed by TallyGo or Contest Parties resulting from entrants' participation in or attempt to participate in a Contest or downloading any information in connection with participating in the Contest. No responsibility or liability is assumed by TallyGo or Contest Parties for technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web, in whole or in part for any reason; traffic congestions on the Internet or the web site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest. TallyGo is not responsible for any typographical errors in the announcement of prizes or any contest official rules, or any inaccurate or incorrect data contained on the web site. Use of the application and web site is at User's own risk. TallyGo and any Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the web site or the download of any information from the Website. TallyGo is not responsible for any attempt by an entrant or other individual to deliberately damage or undermine the legitimate operation of a Contest, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws. Should such an attempt be made, TallyGo reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. TallyGo's failure to enforce any term of these Contest Rules shall not constitute a waiver of that provision. Persons engaging in any of the foregoing activities may be disqualified in TallyGo' sole discretion.
The TallyGo web site and application may contain links to other web sites. TallyGo has not reviewed all of these web sites and is not responsible for the content, accuracy or opinions expressed in such other web sites, and such other websites are not investigated, monitored or checked by TallyGo for content, accuracy or completeness. Inclusion of any linked web site on or through the TallyGo application or web site does not imply TallyGo' approval or endorsement of the linked web site. If Users decide to leave the TallyGo application or web site and access these other third-party sites, they do so at their own risk.
TallyGo is not responsible for any incorrect or inaccurate content, including content related to Navigation Services, on the TallyGo application or web site or any User-generated material posted on the TallyGo application or web site or in connection with the TallyGo application or web site, whether posted or caused by Users of the TallyGo application or web site. TallyGo is not responsible for the conduct, whether online or offline, of any User of the TallyGo application or web site. The TallyGo application or web site may be temporarily unavailable from time to time for maintenance or other reasons. TallyGo assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of User communications. TallyGo is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the TallyGo application or web site. Under no circumstances will TallyGo be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from anyone's use or viewing of the TallyGo application or web site, any User Submissions or any other User-generated material posted on or through the TallyGo application or web site or transmitted to Users, or any interactions between Users of the TallyGo application or web site, whether online or offline. THE TALLYGO APPLICATION AND WEB SITE, ITS CONTENT, USER SUBMISSIONS AND ANY USER-GENERATED MATERIAL ARE PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND AND TALLYGO DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TALLYGO CANNOT PROMISE GUARANTEE AND DOES NOT PROMISE OR GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE TALLYGO APPLICATION OR WEB SITE. Applicable law may not allow exclusion of certain or all implied warranties, so the foregoing may not apply to you in some respects.
The Materials are provided to you on an AS IS and WITH ALL FAULTS basis. You assume the entire risk of loss in using the Materials. The Materials are complex and may contain some nonconformities, defects or errors. TallyGo does not warrant that the Materials will meet your needs or expectations, that operations of the Materials will be error free or uninterrupted, or that all nonconformities can or will be corrected. This Limited Warranty is non-transferable.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL TALLYGO BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE TALLYGO APPLICATION OR WEBSITE, EVEN IF TALLYGO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TALLYGO'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO TALLYGO FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) ONE HUNDRED DOLLARS ($100).
NEITHER TALLYGO NOR FACEBOOK USERS WILL HOLD TALLYGO RESPONSIBLE FOR OTHER TALLYGO OR FACEBOOK USERS' ACTIONS OR INACTIONS, INCLUDING FILES UPLOADED TO THE APPLICATION OR WEB SITE. TALLYGO HAS NO CONTROL OVER, DOES NOT GUARANTEE, AND DISCLAIMS ANY AND ALL LIABILITY FOR THE QUALITY OF SERVICES ADVERTISED OR FILES EXCHANGED, THE TRUTH OR ACCURACY OF PROFILES, OFFERS FOR SERVICES, OR THE EXCHANGE OF PHOTOS OR OTHER FILES BY USERS OR OTHER PERSONS OUTSIDE THE TALLYGO OR FACEBOOK PLATFORMS.
IF ANY PERSON HAS A DISPUTE WITH ONE OR MORE USERS, SUCH PERSON RELEASES TALLYGO (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
CERTAIN LAWS AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting or using the TallyGo application or web site, Users agree that the laws of the United States of America and the State of California, without regard to conflicts of laws principles, will govern these Terms and any dispute of any sort that might arise between you and TallyGo or any of its affiliates. Any legal action or proceeding related to this the TallyGo application or web site (including, but not limited to, User visits to or use of the TallyGo application or web site) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. To the extent you might have in any manner violated or threaten to violate TallyGo or any of its affiliates' proprietary or intellectual property rights, TallyGo may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of California.
Any claim, action or proceeding by you related in any way to the TallyGo application or web site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You agree to indemnify and hold TallyGo, its subsidiaries and affiliates, and each of their owners, directors, officers, agents, contractors, partners, joint ventures and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the TallyGo application or web site in violation of these Terms or your violation of any law or the rights of a third party.
These Terms together with any other policies of TallyGo posted by it on the TallyGo application or website constitute the entire agreement between you and TallyGo regarding the use of the TallyGo application and web site, superseding any prior agreements between you and TallyGo relating to your use of the application or web site. The failure of TallyGo to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. TallyGo reserves the right to make changes to the application or web site, policies, and these Terms at any time. Changes take effect when they are posted on the TallyGo application and web site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The TallyGo application and website and their contents are intended to comply with the laws and regulations in the United States. Other countries and jurisdiction may have laws, and regulatory requirements that differ from those in the United States. Any content, offer or service on the TallyGo application or web site is void where prohibited.
You agree that TallyGo, in its sole discretion and without prior notice, has the right but not the obligation to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the TallyGo application or web site (or any part thereof), immediately and without notice, and remove and discard any User Submissions within the TallyGo application or web site, for any reason, including, without limitation, if TallyGo believes that you have acted inconsistently with these Terms. Further, you agree that TallyGo shall not be liable to you or any third-party for any of the foregoing actions or for termination of your access to the TallyGo application or web site. Further, you agree not to attempt to use the TallyGo application or web site after said termination.
Without limiting the foregoing, in accordance with the DMCA and other applicable law, TallyGo has adopted a policy of terminating, in appropriate circumstances and in the sole discretion of TallyGo, Users who are deemed to be repeat infringers of intellectual property rights. TallyGo may also, at its sole discretion and without prior notice, limit access to the TallyGo application or web site and/or terminate the memberships of any Users who, in the judgment of TallyGo, infringe any intellectual property rights of others, whether or not there is any repeat infringement.
TallyGo makes no guarantee as to the outcome or result of advertisements placed on the TallyGo application or web site, if any. Although TallyGo will always do its best to ensure that ads are placed according to the terms agreed to at the time of purchase, including target audience and advertisement terms, TallyGo cannot be held responsible for any expected result of placing advertisements on the TallyGo application or web site, including but not limited to changes in product sales, web traffic, and offer terms.
"TallyGo web site" – The web site located at www.tallygo.com and all of its various subdomains.
"TallyGo application" – The TallyGo mobile application, which may be available through various mobile application ecosystem providers.
"Users" – Individuals who visit the TallyGo web site or application and do not register and individuals who register with the TallyGo web site or application.
"User Submissions" – files uploaded or permitted by Users to be accessible publicly in certain content areas of the TallyGo application or web site, including files which Users have permitted to be shared in content areas that require premium membership in the TallyGo application or website, either by affirmatively uploading or selecting those files within the application or by communicating such permission to TallyGo staff regarding specific files.
TallyGo DOES NOT claim any ownership rights to User Submissions.
TallyGo takes the privacy of Users very seriously. TallyGo does not share personal identifying information (including information Users enter as part of their Profiles) without prior consent from Users. TallyGo does not share personal User information with marketers or advertisers.
An important part of the TallyGo application is the informational profiles Users receive upon registration. Users may have the ability to choose what information they would like to make available and such information may be visible to TallyGo or other Users of TallyGo.
Users agree not to share, syndicate, reproduce, or otherwise disseminate the information from another User's Profile or other information exchanged via communication facilitated by the TallyGo application without the express written consent of that User.
TallyGo may disclose information about TallyGo Users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. TallyGo may also disclose information about TallyGo Users to law enforcement officers or others in the good faith belief that such disclosure is reasonably necessary to enforce our Terms, respond to claims that any posting or other User Submission violates the rights of third-parties, or to protect the rights, property, or personal safety of TallyGo, its owners, officers, directors, agents, subsidiaries, joint ventures or employees, the TallyGo web site and application, its Users or the general public.
Although TallyGo makes good faith efforts to store information in a secure operating environment not available to the public, TallyGo cannot guarantee complete security. TallyGo disclaims liability for unintentional security breaches.
Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information to our secure servers located in the United States.
We DO NOT provide your personal identifying information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies (such as demographic data) to improve and personalize our services, and we may aggregate it for other purposes without identifying individual users.
Our primary purpose in collecting personal information is to provide you with a useful, efficient, and customized experience. You agree that we may use your personal information to:
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that Users have violated copyright or other applicable law, or to protect our Users' rights or safety.
We may also share your personal information with:
The TallyGo application and web site may enable Users to share personal information and digital files. We encourage you to disclose your privacy practices and respect the privacy of other Users.
You agree to use User information only for:
We may use "cookies" (small files placed on your hard drive) on certain pages of the TallyGo application or web site to help analyze our User interaction, customize our services, measure promotional effectiveness, and promote trust and safety.
A few important things you should know about cookies are that:
TallyGo and its Users do not tolerate spam, spyware, or spoofing. Users are not licensed to add other TallyGo application or web site users to a mail list (email or physical mail) without a User's express consent. Users may not use TallyGo' communication tools to send spam or otherwise send content that would violate these Terms.
Your information is stored on servers located in the United States. We treat data as an asset that must be protected and use tools (e.g., encryption, passwords, physical security) to protect your personal information against unauthorized access and disclosure. However, third parties may unlawfully intercept or access transmissions or private communications, and other Users may abuse or misuse your personal information that they collect from the TallyGo application or web site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
Kudos to you, my friend, for making it all the way to the end of this document. You tread where few dare to venture, and are an inspiration to us all. Clearly you are a dedicated and talented individual, and are destined for greatness. From everybody here at TallyGo, well done!