EULA | MyRideDNA

Last modified: September 13th, 2023

MyRideDNA End User License Agreement

This mobile application End User License Agreement ("EULA") is a binding agreement between you ("User," or “user,” or ”You” or "you," or “Participant” or “participant”) and MyRideDNA, LLC (“MyRideDNA,” or “We” or “we,” ”Our” or “our,” or “Us” or “us”). This Agreement governs your use of the MyRideDNA website (www.MyRideDNA.com, or the “Website”), and mobile application on Android and Apple devices, including all related documentation (the "Application,” or the “App”). The App and Website is licensed, not sold, to you.

BY DOWNLOADING, INSTALLING/USING/ACCESSING OUR APPLICATION AND WEBSITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE/ACCESS OUR APPLICATION AND/OR WEBSITE, AND DELETE IT FROM YOUR MOBILE DEVICE.

License Grant. Subject to the terms of this EULA, MyRideDNA grants you a limited, non-exclusive, and nontransferable license to:
1. download, install, access, and use the App and Website for your personal, non-commercial use. You may display and download a single copy of our Website and app onto your personal devices, strictly in accordance with our App’s and Website’s documentation.
2. access, stream, download, and use on such personal Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through our App and Website, strictly in accordance with this EULA and the Terms of Use applicable to such Content and Services as set forth in Section 5.
License Restrictions. You shall not
1. copy the App and/or Website, except as expressly permitted by this license;
2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App and Website;
3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App and/or Website, or any part thereof;
4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App and/or Website, including any copy thereof;
5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App and/or Website, or any features or functionality of the App and/or Website, to any third party for any reason, including by making the App and/or Website available on a network where it is capable of being accessed by more than one device at any time;
6. use any robot, spider, or other automatic device, process, or means to access the Application and/or Website for any purpose, including monitoring or copying any of the material on the Application and/or Website;
7. use any manual process to monitor or copy any of the material on the Application and/or Website, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
8. frame, mirror, or otherwise incorporate the Application and/or Website or any portion of the Application and/or Website as part of any other mobile application, website, or service;
9. use the Application in any manner that could disable, overburden, damage, or impair the Application and/or Website or interfere with any other party's use of the Application and/or Website;
10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or
11. use the App in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
Reservation of Rights. You acknowledge and agree that the App and Website is provided under license, and not sold, to you. You do not acquire any ownership interest in the App and/or Website under this EULA, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. MyRideDNA and any of its licensors and service providers reserve[s] and shall retain its/their entire right, title, and interest in and to the App and Website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA.
Collection and Use of Your Information. You acknowledge that when you download, install, or use the App and/or Website , MyRideDNA may use automatic means (including, for example, cookies and web beacons) to collect information about your personal device and about your use of the App and Website. You also may be required to provide certain information about yourself as a condition to downloading, installing, accessing or using the App and Website or certain of its features or functionality, and the App and Website may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this App and Website is subject to our Privacy Policy. By downloading, installing, accessing, using, and providing information to or through this App and Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Content and Services. The App may provide you with access to MyRideDNA's Website located at www.MyRideDNA.com and products and services accessible thereon, and certain features, functionality, and content accessible on or through the App may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by MyRideDNA’s Terms of Use and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of the MyRideDNA Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the App's features and functionality. Any violation of either agreements’ terms or provisions will also be deemed a violation of this EULA.
Geographic Restrictions. The Content and Services are based in the state of Wisconsin in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
Updates. MyRideDNA may from time to time in its sole discretion develop and provide App and Website updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that MyRideDNA has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your personal device settings, when your personal device is connected to the internet either:
1. the App and Website will automatically download and install all available Updates; or
2. you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App and Website or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and Website, and be subject to all terms and conditions of this EULA.
Third-Party Materials. The App and Website may display, include, or make available third-party content (including data, information, Apps, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that MyRideDNA is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. MyRideDNA does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination.
1. The term of EULA commences when you download or install or access the App and Website/acknowledge your acceptance and will continue in effect until terminated by you or MyRideDNA as set forth in this Section 9.
2. You may terminate this EULA by deleting the App and Website and all copies thereof from your personal device.
3. MyRideDNA may terminate this EULA at any time without notice if it ceases to support the App and/or Website, which MyRideDNA may do in its sole discretion. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this EULA.
4. Upon termination:
  1. all rights granted to you under this EULA will also terminate; and
  2. you must cease all use of the App and Website, and delete all copies of the App and Website from your personal service and account.
5. Termination will not limit any of MyRideDNA’s rights or remedies at law or in equity.
Disclaimer of Warranties. THE APPLICATION AND WEBSITE ARE PROVIDED TO END USER AND/OR PARTICIPANT "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MYRIDEDNA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, MYRIDEDNA PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION AND/OR WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYRIDEDNA OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION AND/OR WEBSITE OR THE CONTENT AND SERVICES FOR:
1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION AND/OR WEBSITE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. In your personal, individual, or relevant professional representative capacity, you agree to indemnify, defend, and hold harmless MyRideDNA and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, disputes, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, but not limited to, any attorneys' fees, whether known or unknown, arising from or relating to your use or misuse of the App and/or Website, your breach of this EULA, our Terms of Use, and our Privacy Policy including, but not limited to, the content you submit or make available through our App and Website, or related to any goods or services offered or advertised by a person, business, organization, or other entity or related affiliates, irrespective of whether such services are offered or advertised via MyRideDNA.
1. FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby expressly acknowledged, business, group, organization, or other entity or non-standard user (i.e., representing in any aforementioned scenario a “Participant” under our Terms of Use), on behalf of itself and all of its officers, agents, employees, representatives, members, shareholders and volunteers, and all of their respective heirs, successors and assigns hereby acknowledges and agrees as follows via principal and/or authorized representative:
  1. Participant has or intends to execute a contract with MyRideDNA, LLC, a Wisconsin limited liability company (“MyRideDNA”) whereby, in exchange for Participant’s payment of a recurring fee to MyRideDNA, either via the MyRideDNA App or Website, Participant receives certain advertising of itself, as well as Participant’s goods and/or services on the MyRideDNA Application or Website. In addition, in exchange for Participant’s payment to MyRideDNA, Participant receives or opts into referrals of users of the App. The advertising and referrals received by Participant through the App shall be referred to herein as the “MyRideDNA Services.”
  2. Participant hereby acknowledges that its relationship with MyRideDNA is governed by this EULA, the Privacy Policy, the Terms of Use, and any other valid and enforceable agreements executed between Participant and MyRideDNA, and that Participant is in no manner affiliated with, in partnership with, or owned by MyRideDNA. Participant further acknowledges that any conduct in violation of any of the aforementioned MyRideDNA agreements is strictly prohibited.
  3. Participant understands and agrees that in receiving any MyRideDNA Services, MyRideDNA makes no warranties or representations, either express or implied, as to the advertising, marketing, or other promotional content provided by the App or Website and the condition, background, number, reputation or other characteristics of the Appl users that may be referred to Participant.
  4. Participant understands that unless expressly agreed to by the parties in writing, MyRideDNA makes no additional representations, acknowledgements nor has any additional obligations to promote Participant’s goods, services or other related promotions. Further, Participant acknowledges that subject to MyRideDNA’s express approval, it maintains its sole discretion to offer goods, services, or other promotions pursuant to all applicable agreements with MyRideDNA and applicable laws, in a manner of its choosing. MyRideDNA has no additional responsibilities related to the results or consequences of Participant’s business or economic related decisions, nor unforeseen events or the actions of third-parties, related to the Participant’s rights under applicable laws and the MyRideDNA agreements.
  5. If Participant serves alcoholic products in its ordinary course of business or operations in any form, or has the capacity to legally serve alcoholic products in any instance, Participant acknowledges and agrees that it is solely responsible for determining whether App and/or Website users referred to its establishment are of legal drinking age, are in a condition to consume alcohol, and are in a condition to operate a motor or other vehicle.
  6. If Participant serves tobacco products in its ordinary course of business or operations in any form, or has the capacity to legally serve tobacco products in any instance, Participant acknowledges and agrees that it is solely responsible for determining whether App and/or Website users referred to its establishment are of legal age to purchase tobacco products, are in a condition to consume tobacco.
  7. Participant agrees at all times to maintain appropriate insurance to cover all risk of injury and property damage which may occur during, by or through the enjoyment or use of Participant’s establishment by users of the App.
  8. Participant agrees that it shall not pursue or institute any legal or equitable action of any kind against MyRideDNA or any of its insurers, employees, agents, principals, members, representatives, successors or assigns for any claim in any way related to or arising out of use of the App or any referral to a Participant by the App, including but not limited to all claims in connection with any damage to property or injuries to any person, and further hereby releases, discharges, acquits, indemnifies, holds harmless and agrees to defend MyRideDNA, along with its insurers, employees, agents, principals, members, representatives, successors and assigns, from and against any and all actions, causes of action, claims, expenses or any liabilities whatsoever, known or unknown, now existing or which may arise in the future, including but not limited to reasonable attorney fees, in any way related to or arising out of use of the App and/or Website or any referral to a Participant by the App and/or Website, including but not limited to all claims in connection with any damage to property or injuries to any person.
Export Regulation. The App and Website may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App and/or Website to, or make the App and/or Website accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App and/or Website available outside the US.
US Government Rights. US Government Rights. The App and Website is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App and Website as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Severability. If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect[; provided, however, that if any fundamental term or provision of this EULA is invalid, illegal, or unenforceable, the remainder of this EULA shall be unenforceable].
Governing Law. This EULA is governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this EULA or the App and Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in Milwaukee and Milwaukee County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR THE APPLICATION AND/OR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement. This EULA, our Terms of Use and our Privacy Policy constitute the default, entire agreement between you and MyRideDNA with respect to our App and Website, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App and Website.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of this EULA shall govern.