Last modified: September 13th, 2023
These Terms of Use (the “Terms” or “Terms of Use”) describe the rules that apply to MyRideDNA’s (“MyRideDNA,” or “We” or “we,” “Our” or “our,” or “Us” or “us”) mobile application (the “Application” or the “application,” or the “App” or the “app”) and website (the “Website” or “www.MyRideDNA.com”). These Terms of Use apply to all versions of our App and Website. These rules are designed to protect you ("User," or “user,” or ”You” or "you," or “Participant” or “participant”), us, and other end users of our Website and App. MyRideDNA’s Website and App are owned and operated by MyRideDNA, LLC. By accessing, downloading, using or browsing our Website or App, you acknowledge and agree to be bound by these Terms. If you do not agree to these Terms or if you do not agree with our Privacy Policy, please do not use our Website or App. Any use of our Website or App that is inconsistent with these Terms is deemed unauthorized access.
Modification of These Terms of Use
We reserve the right to make changes to these Terms at any time, and will post an updated version here. Please check back from time to time to ensure you are aware of any updates or changes to these Terms.
Limited Right to Use
In exchange for your agreement to these Terms and payment of any applicable fees, MyRideDNA grants you a limited, non-exclusive, personal, revocable right and license to download, access, and use the functionality of our Website and App. The rights to download and use the Website and App are licensed to you and are not being sold to you. You have no rights in the Website or App other than to use them in accordance with these Terms. MyRideDNA reserves the right to terminate your access to our Website and App at any time and for any or no reason. You may not remove or alter any notices found on our Website or App, distribute, make derivative works of, reverse engineer, decompile, or disassemble the Website or App. You may not access the Website or App for the purpose of building a similar or competitive business, service, website, or App. You may not use any web crawler, robot, spider, or other automated method to retrieve, data mine, scrape or otherwise gather information or content available through the Website or App.
Personal and Non-Commercial Use
Your use of our Website and App is limited to personal and non-commercial use, unless you obtain prior written consent from MyRideDNA as a Participant. Non-Participant Users may display and download a single copy of our Website and App onto your personal devices, solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, print, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Website or App, or any content, products or services obtained through them under any circumstances.
Eligibility to Use Our Websites and Apps
You must be over 18 years of age to access or use our App, or to create an account with us. If you are under the age of 18, you may not use our App without parental or guardian consent.
You represent and warrant that (1) you are not a citizen of or located in a country or region that is targeted for comprehensive trade sanctions by the U. S. Government, (2) you will not access or use our Website or App from such a country or region, and (3) you are not designated on the U.S. Treasury’s Specially Designated Nationals or Blocked Persons List or otherwise a person who is barred from doing business with U.S. persons or from receiving exports of goods or services from the U.S.
Privacy
Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms by reference.
Compliance with Applicable Law
It is our policy to comply with all applicable laws and regulations in operating our Website and App. We ask that you do the same. By using our Website and App, you are presumed to accept this request, and agree to comply with all applicable laws and regulations.
Intellectual Property
MyRideDNA owns all rights, title and interest in its Website and App, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of the Website and App, and the compilation of the content, code, data and materials on the Website and App, including all intellectual property and proprietary rights. The content of our Website and App is protected under United States and other copyright and trademark laws, and is the property of MyRideDNA. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content of our Website or App, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of MyRideDNA or the copyright owner is permitted.
All words and symbols designated by ® or ™ and used on or in connection with our products or marketing materials on the Website and App (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, MyRideDNA or other owners that have granted MyRideDNA the right and license to use such Marks. For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not display or reproduce the Marks other than with the prior written consent of MyRideDNA, and you may not remove or otherwise modify any trademark notices from any content.
Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying the Website or App without our express written permission is prohibited. Any violation of this section may result in copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. MyRideDNA reserves the right to terminate your use of our Websites and Apps if you infringe our intellectual property rights, or the intellectual property rights of any other person or entity.
User-Generated Content
Please read the following terms carefully. If you do not agree to all of these terms, please do not submit user-generated content to us or reply to our usage requests.
We offer features on our Website and App that allow users to share information and content such as reviews, photos, text, routes, and usage data generated by their trips (“User Content”). We also allow you to share User Content with us by responding to one of our usage requests, or by tagging content you post on social media with any of our hashtags (including #MyRideDNA.)
Grant of License to MyRideDNA
By uploading or otherwise sharing User Content through our Website or App, by using any of our hashtags or by responding to a usage request made by us, you grant MyRideDNA and our agents, affiliates, and related entities a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, distribute, publish, sub-license, import, export, modify, and make derivative works of your User Content along with your name and/or social media handle in all digital and physical channels for any purpose including all promotional, marketing, advertising, and other commercial and non-commercial purposes. MyRideDNA may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, without any obligation or additional permission from you. You agree to waive any right you may have to be named in the User Content, and allow us to use your User Content without any reference or attribution.
Representations and Warranties
By using our Website or App, responding to our usage requests, or using any of our hashtags on social media, you represent and warrant that you: (i) have the right to transmit, distribute, replicate, and post any User Content you submit, (ii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content described in these Terms, (iii) you hold the rights necessary to grant the licenses described herein, (iv) you have obtained the express consent of each person, if any, depicted in the User Content, (v) if any people pictured or mentioned are minors, you have obtained the express permission of their parents/guardians to have their image and/or name used by MyRideDNA, (vi) your User Content, and MyRideDNA’s use of that User Content as permitted under these Terms, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party, and (vii) your User Content does not violate any law or other regulation and is not inappropriate under the rules described below. You expressly release MyRideDNA from any claims, damages, actions, or liabilities arising from our use of the User Content as permitted herein.
Content Guidelines
If you choose to submit User Content through our Websites or Apps or use any of our hashtags on social media, please use good judgment. By using our Website or App or using any of our hashtags on social media, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Websites or Apps any of the following:
- Content that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that promotes illegal drug, alcohol, tobacco or firearms use;
- Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Content that identifies, or relates to children under the age of 16;
- Unsolicited advertising or unsolicited links to other commercial sites;
- Anyone else’s personal information (such as someone else’s name, address, phone number, email address, Social Security number, credit card number or other personal information);
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the forum or area in which such content is posted;
- Content that communicates messages inconsistent with the positive good will of MyRideDNA; or
- Content that, in MyRideDNA’s the sole judgment, is objectionable, or which may expose the Website, App, or their users to any harm.
MyRideDNA takes no, and you agree MyRideDNA shall have no, responsibility and assumes no liability for any User Content, or for any resulting loss or damage to any person. Nor is MyRideDNA liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Although MyRideDNA has no obligation to screen, edit or monitor any User Content, we reserve the right, and have sole discretion, to remove without notice any User Content posted or stored for any reason, including a violation of these Terms. Any use of our Website or App, including submission of User Content, in violation of these Terms may result in termination or suspension of your permission to use the Website and App.
Despite our safety and privacy controls, we cannot guarantee that you will not encounter inappropriate User Content or illegal conduct from third parties. You can help us to make our Website and App welcoming for all users by reporting any offensive or unwelcome conduct to us.
Copyright Complaints & How to Submit an Infringement Notice
If you believe in good faith that materials hosted by us, including User Content, infringe your copyright, please provide the written information requested below (including paragraph numbers) in the order requested:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our Website or App, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on our Websites or Apps should be emailed (info@myridedna.com) or mailed, at your choice, to:
MyRideDNA, LLC
4411 SouthDown Dr.
Waterford, WI, 53185-3856
It is our policy to respond expeditiously when we receive a clear and complete notice of alleged copyright infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). If we receive proper notification of claimed copyright infringement, we will remove or disable access to material claimed to be the subject of infringing activity in accordance with the DMCA, and in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or accountholders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to our Website and App, and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Account Information
In order to access certain features of our Website and App, you may be required to create a user account (your “Account”). Information you provide through your Account must be truthful. User names may not be offensive, deceptive or violate any other party’s rights. You are responsible for the security of your access codes and passwords, and agree that MyRideDNA is not liable for any unauthorized use of those access codes or passwords.
Additional Terms for MyRideDNA Users
MyRideDNA’s services include both monthly and yearly subscription services available through MyRideDNA’s Website and App. This section contains additional terms applicable to MyRideDNA users and Participants:
- Participants. MyRideDNA frequently partners with businesses, organizations, groups and/or other entities or individuals that seek to advertise, highlight or otherwise promote goods and services via MyRideDNA (the “Participant” users). The content promoted by Participants, the goods, services or promotions that Participants offer, advertise, sell or otherwise market to general users, and any related obligations of MyRideDNA are governed by the these Terms of Use, our Privacy Policy, and our End User License Agreement.
- Fees & Terms. MyRideDNA subscriptions are provided on a monthly and/or by prepaid, annual (12-month) basis. All subscription fees must be paid in advance, and are subject to change from time to time in MyRideDNA’s sole discretion.
- Renewals & Cancellations. At the end of a term, MyRideDNA subscriptions will automatically renew for an additional month or 12-month term at the then-applicable monthly or annual rate, which may be higher than the fee charged during a prior subscription term. MyRideDNA will provide MyRideDNA users with 30 days’ notice of any increase in subscription fees. Renewals will be charged to the payment method originally provided for your MyRideDNA subscription; if payment is declined or unsuccessful for any reason, your MyRideDNA subscription will terminate. You may cancel your MyRideDNA subscription by taking the following steps:
- Fees Non-Refundable & Non-Transferrable. Fees paid for MyRideDNA subscription are non-refundable, and a MyRideDNA subscription may not be transferred to or shared with another user.
- Taxes. The monthly and/or annual fee for MyRideDNA does not include sales, usage, excise, ad valorem, goods and services, harmonized sales, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency. You may be required to pay these taxes based on the rules applicable in your jurisdiction.
Availability of the Website and App
While we use commercially reasonable efforts to keep our Website and App accessible, they may be unavailable from time to time for indefinite amounts of time and for any reason including, without limitation, routine maintenance. Additionally, many features of the Website and App require a cellular data connection, wireless internet connection, and/or GPS connection. MyRideDNA is not responsible for any coverage or connectivity issues you may experience, or any charges, data rates, or other fees incurred for cellular service, internet connection, etc.
Accuracy of Information
Although we strive for accuracy in all elements of our Website and App, there may be errors, inaccuracies or omissions. Please use your best judgment when using our Website or App, including when using them for navigation, and be aware of your surroundings, road and trail conditions, weather, and other risks associated with your decision to ride, drive, or otherwise travel a particular route. YOU ARE SOLELY RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH, AND ANY HARM RESULTING FROM, YOUR TRAVEL BY MOTORCYCLE, CAR, TRUCK, ATV, SNOWMOBILE, OR ANY OTHER VEHICLE USED IN CONNECTION WITH OUR APP OR WEBSITE. MyRideDNA is not responsible for your interpretation or reliance on any information or content found on the Website or App, and makes no representations about the accuracy, reliability, completeness, or timeliness of the Website and App. MyRideDNA is not responsible for the conduct, whether online or offline, of any person using the Website or App, including any person’s violation of these Terms.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or services on our Website or App at any time without prior notice, including after you have downloaded our App.
All prices displayed on our Website and App are quoted in U.S. dollars and are valid in the continental United States only. We reserve the right, without prior notice, to discontinue or change specifications for our products or services at any time.
Sweepstakes, Contests, Promotions, and Surveys
From time to time, MyRideDNA may conduct contests, sweepstakes, raffles, surveys, games or other similar promotions. Each contest or promotion may have additional terms and/or rules that will apply in addition to these Terms. Please review the applicable rules as well as our Privacy Policy prior to participating. If the promotion rules conflict with these Terms, the promotion rules will govern.
Third-Party Links
Our Website and App may contain links to third party Websites and features. MyRideDNA is not responsible or liable for any Websites or Apps other than our own, even if linked from the MyRideDNA’s Website or App. Please review the privacy policies and terms of use for each Website or App you visit before downloading, using, or submitting your information.
Disclaimer of Warranty
MYRIDEDNA’S WEBSITE AND APP ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYRIDEDNA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO ITS WEBSITE, APP, AND ANY SERVICES, PRODUCTS, OR MERCHANDISE OFFERED THROUGH THE WEBSITE OR APP, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU EXPRESSLY AGREE THAT YOUR USE OF MYRIDEDNA’S WEBSITE AND APP IS AT YOUR SOLE RISK AND THAT MYRIDEDNA IS NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE OR APP. YOU FURTHER AGREE TO ASSUME THE ENTIRE COST OF ANY AND ALL DAMAGE, SERVICING, REPAIR, OR CORRECTION TO YOUR VEHICLE, DEVICE, COMPUTER SYSTEM, OR OTHER EQUIPMENT THAT MAY BE NEEDED DUE TO YOUR USE OF THE WEBSITE OR APP. NEITHER MYRIDEDNA NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE OR APP WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR APP, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE WEBSITE OR APP, (C) THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT OR INFORMATION OFFERED THROUGH THE WEBSITE OR APP, OR (D) THAT THE FILES AVAILABLE FOR DOWNLOAD FROM THE WEBSITE OR APP, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYRIDEDNA OR ANY OF ITS EMPLOYEES, AGENTS, PARTNERS, SERVICE PROVIDERS, CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR APP, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR APP, OR ANY CONTENT OBTAINED FROM THE WEBSITE OR APP, EVEN IF MYRIDEDNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE USER ASSUMES ALL RISK THAT THEY HAVE THE EXPERIENCE, PROPER VEHICLE AND RIDING SKILLS REQUIRED TO COMPLETE SAFELY THE RIDES AND ROUTES AVAILABLE ON THE MYRIDE APP, REGARDLESS OF WHETHER THE RIDES OR ROUTES ARE CREATED BY THE USER OR BY MYRIDE. THE USER ALSO ASSUMES ALL RISK FOR RIDE OR ROUTE DIFFICULTY, WEATHER CONDITIONS, TRAFFIC SITUATIONS, PHYSICAL ROAD OR OFF-ROAD CONDITION, THE PRESENCE OF OTHER VEHICLES, AND ANY OTHER RISKS THAT THE USER MIGHT ENCOUNTER IN TRAVELING THE RIDES OR ROUTES ON THE APP.
IN NO EVENT SHALL MYRIDEDNA’S TOTAL LIABILITY EXCEED, IN THE AGGREGATE FOR ALL CLAIMS SUBJECT TO THESE THE TERMS OF USE, AN AMOUNT THAT IS THE GREATER OF TWO HUNDRED AND FIFTY DOLLARS (USD $250.00) OR THE AMOUNT THAT YOU HAVE PAID US DURING THE 1-YEAR PERIOD PRECEDING ANY SUCH CLAIMS FOR ACCESS TO OUR WEBSITE AND APP.
YOU ACKNOWLEDGE THAT MYRIDEDNA WOULD NOT PROVIDE ACCESS TO ITS WEBSITE OR APP IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Because some jurisdictions do not allow A limitation or exclusion of liability IN ALL CIRCUMSTANCES, in those jurisdictions, MyRideDNA’s liability shall be limited to the extent permitted by law.
Dispute Resolution Terms
Our customer service team is here to assist you with any issues you may encounter with our Website, App, services, or products. The following terms apply to disputes, which we are unable to resolve informally. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE YOUR CLAIM HEARD BY A JURY.
Agreement to Mediation and Arbitration
Any and all disputes, claims, and causes of action between you and MyRideDNA, including those arising out of or connected with our Website and App, any benefits associated with them, these Terms and Conditions, or our Privacy Policy that cannot be settled through informal discussions shall be first submitted to mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to binding arbitration. Any dispute, claim, or cause of action that is not resolved by mediation shall be settled by binding arbitration administered by the AAA in accordance with its Commercial Arbitration Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules, and we will reimburse those fees if your claims at issue seek less than $10,000. Likewise, we will not seek attorneys’ fees and costs in arbitration. Judgment on any award rendered by the arbitrator may be entered in any state or federal court of competent jurisdiction.
Exclusions from Arbitration
Notwithstanding the above, you or MyRideDNA may choose to pursue a dispute in court and not by arbitration if the dispute qualifies for resolution in Wisconsin small claims court. MyRideDNA may also seek injunctive relief, damages, or other appropriate relief in state or federal court if the dispute involves an infringement or threatened infringement of our intellectual property rights. Any such dispute brought by you or MyRideDNA in court shall be filed in the state or federal courts located in Milwaukee, Wisconsin and you consent and agree to the personal jurisdiction and venue of these courts.
Class Action Waiver
You agree that, to the maximum extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with our Website, and App, these Terms and Conditions, or our Privacy Policy will be resolved on an individual basis, without resort to any form of class action or mass action. This provision shall not be construed as a waiver of your right to seek public injunctive relief as provided under California law to the extent such right may otherwise be available to you.
Time Limitation
You agree to bring any and all claims against MyRideDNA within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.
Indemnification
You agree to indemnify, defend, and hold harmless MyRideDNA, its parents and affiliates, together with their respective employees, agents, directors, officers, suppliers, and shareholders from and against any and all claims, demands, actions, costs, liabilities, losses of any kind (including attorneys’ fees) arising out of your use of the Website and App, your breach or alleged breach of these Terms of Use (including but not limited to the warranties related to your User Content), or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of MyRideDNA or third parties.
Additional Terms for iOS Apps
In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of our mobile App compatible with Apple Inc.’s iOS operating system:
- You and MyRideDNA acknowledge that these Terms of Use are between you and MyRideDNA only been granted in these Terms of Use is limited to a non-transferable license to use MyRideDNA’s App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using our mobile App, such as your wireless data service agreement.
- You and MyRideDNA acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Website and App.
- Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of our mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for our App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be MyRideDNA’s sole responsibility.
- You and MyRideDNA acknowledge that MyRideDNA, not Apple, is responsible for addressing any of your claims or any third party claims relating to our mobile App or your possession and/or use of our mobile Apps, including, but not limited to: product liability claims; (ii) any claim that our mobile App fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- You and MyRideDNA acknowledge that, in the event of any third-party claim that one of our mobile App infringes that third party’s intellectual property rights, MyRideDNA, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Any questions, complaints or claims with respect to our mobile App should be directed to us, using the information found below under “How to Contact Us.”
- You and MyRideDNA acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.
No Waiver
No delay or failure by MyRideDNA to enforce any provision in these Terms of Use shall constitute a waiver of any of MyRideDNA’s rights. Neither the receipt of any funds by MyRideDNA nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of MyRideDNA shall have any legal effect.
Severability
If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Assignment
MyRideDNA may assign or transfer its rights and obligations in the Website or App, or under these Terms to any company or person at any time, without restriction, and without prior notice. You may not assign or transfer any rights or obligations to anyone without specific, prior, written consent by MyRideDNA.
Governing Law
Any disputes arising out of or related to these Terms of Use and/or your use of our Websites or App not governed by applicable federal law, shall be governed by the laws of the State of Wisconsin when applicable, without regard to choice-of-law rules and without regard to conflicts-of-laws principles.
How to Contact Us
If you have any comments or questions about these Terms of Use, communications can be submitted to our postal address, via email to info@myridedna.com, or via USPS mailing addressed to MyRideDNA at:
MyRideDNA, LLC
4411 SouthDown Dr.
Waterford, WI, 53185-3856